Charles F. and Susan G. Glass - Page 21

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          encumbered shoreline 2), and activities that are permitted on               
          encumbered shoreline 2 (e.g., alteration of trees to provide                
          views of Lake Michigan, construction of foot paths to the Lake              
          Michigan shoreline, and certain construction of overlook decks,             
          patios, or boat houses).  Deed 2 generally states that                      
          petitioners are liable for any cost incurred by LTC to enforce              
          conservation easement 2 and allows conservation easement 2 to be            
          terminated “If subsequent, unexpected changes in the Property, or           
          nearby property, render the Purpose of this Conservation Easement           
          impossible to achieve”.  Deed 2 states that LTC                             
               may transfer or otherwise assign this Conservation                     
               Easement only to a qualified conservation organization                 
               which agrees to enforce this Conservation Easement in                  
               accordance with the regulations established by the                     
               Internal Revenue Service governing such transfers and                  
               the laws of the State of Michigan.  If Grantee ceases                  
               to exist, Grantee’s rights and obligations under this                  
               Conservation Easement shall immediately vest in the                    
               following entities in the following order to the extent                
               they evince an intent to accept this Conservation                      
               Easement:  (a) The Nature Conservancy, (b) the Michigan                
               department of Natural Resources, or (c) any other                      
               appropriate organization which qualifies under Section                 
               170(h)(3) of the Code, has conservation purposes, and                  
               is qualified to accept and hold this Conservation                      
               Easement either voluntarily or through an award of such                
               right by a court of competent jurisdiction under the                   
               doctrine of cy pres.                                                   
          Deed 2 does not restrict petitioners’ right to develop any part             
          of the property not covered by conservation easement 2.                     
               Petitioners obtained from Frame an appraisal of conservation           
          easement 2 and attached to their 1993 return a letter from Frame            
          stating that he had appraised conservation easement 2 at a fair             





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