8.1. SR 11-05-2012 - Laserfiche WebLink

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enforcement proceeding. This property report,however, is not intended to preclude the use of other information and evidence to document the present condition of the Protected Property in the event of a future controversy. 7. GENERAL PROVISIONS. 7.1. Assignment. Subject to the provisions of Minnesota Statutes Chapter 97A.056 and Minnesota Laws 2011, First Special Session, Chapter 6, Article 1, Section 2, Subdivision 13, this Easement may be assigned or transferred by the Land Trust only to a conservation entity defined as a qualified organization under Section 170(h) of the Internal Revenue Code and related regulations and as an authorized conservation easement holder under Minnesota law. Any future holder of this Easement shall have all of the rights conveyed to the Land Trust by this Easement. As a condition of any assignment or transfer, the Land Trust will require any future holder of this Easement to continue to carry out the conservation purpose of this Easement in perpetuity. The Land Trust will notify the Owner of any assignment within thirty (30) days after the assignment and will provide the Owner with the name and address of the new holder. 7.2. Amendment. Subject to the provisions of Minnesota Statutes Chapter 97A.056 and Minnesota Laws 2011, First Special Session, Chapter 6, Article 1, Section 2, Subdivision 13, and under appropriate circumstances, this Easement may be modified or amended. However, the Land Trust may in its sole discretion and exclusive judgment refuse to agree to any amendment or modification of this Easement, including any amendment in which the following apply: • The amendment is inconsistent with the purposes of this Easement. • The amendment will impair or interfere with the Conservation Values of the Protected Property. • The amendment affects the perpetual duration of this Easement. • The amendment affects the validity of this Easement under Minnesota law or the status of the Land Trust under Sections 501(c)(3) and 170(h) of the Internal Revenue Code or successor or related law. • The amendment creates or results in impermissible private benefit or private inurement as prohibited by 501(c)(3) of the Internal Revenue Code. Any amendment or modification must be in writing and recorded in the same manner as this Easement. 7.3. Termination. This Easement may be terminated or extinguished in whole or in part only as set out in this section and subject to the provisions of Minnesota Statutes Chapter 97A.056 and Minnesota Laws 2011, First Special Session, Chapter 6,Article 1, Section 2, Subdivision 13. 15