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<br /> Exhibit B
<br /> Prepared by: Robinson, Bradshaw & Hinson, P.A. (Mark W. Merritt) -
<br /> Mall to: David B. Adcock,Duke University, Office of the University Counsel, 011 Allen Building, -
<br /> Flowers Drive, Durham, NC 27706
<br /> 8004732 �!
<br /> TM 7.20. .7A ABC.. AMENDED AND RESTATED
<br /> 9871-20-1786
<br /> DEED OF EASEMENT
<br /> WITH WARRANTY DEED
<br /> THIS AMENDED AND RESTATED DEED OF EASEMENT WITH WARRANTY
<br /> DEED(this"Easement'O is made as of this the 10th day of October, 1995,by and between Duke
<br /> University,a non-profit corporation("Grantor")and the United States of America("Grantee"),
<br /> c/o Heidi K Ramirez, Department of Energy, Chicago Operations Office, Safety & Technical
<br /> Service Division,Argonne,Illinois 60439.
<br /> WHEREAS, Grantor by Offer of Donation effective July 27, 1995, offered to donate, _
<br /> subject to terms, conditions, covenants and agreement therein, certain easements in real estate -
<br /> situated in Orange County, State of North Carolina (the "Property") as more particularly _
<br /> described in Exhibit A attached hereto;
<br /> WHEREAS,Grantor has heretofore granted Grantee an easement pursuant to terms and
<br /> conditions set forth in that certain instrument entitled "DEED OF EASEMENT WITH
<br /> WARRANTY DEED" dated October 10,-1995 (the "Original Easement") recorded in Book
<br /> 1398, Page 407 in the Office of the Register of Deeds of Orange County, North Carolina (the
<br /> "Orange County Registry");
<br /> WHEREAS, in order to protect the integrity of the scientific experiments being
<br /> conducted on the Property from compromise as a result of incompatible uses of land adjoining the ; --
<br /> Property, Grantor and Grantee wish to amend and restate the Original Easement as herein set -
<br /> forth(1)to expand the property covered by this Easement to include not only the Property but
<br /> also the additional land (the"Additional Property")as more particularly described in Exhibit B
<br /> attached hereto, and (2)to provide for the automatic renewal of the term of this Easement as
<br /> hereinafter provided;
<br /> WHEREAS, Grantor and Grantee have been and wish to continue being, engaged in
<br /> conducting global carbon allocation research and related studies(the"Research")on the Property _
<br /> and wish to preclude uses of the Additional Property which would be incompatible with, and
<br /> detrimental to,the Research;
<br /> WHEREAS,Grantor and Grantee wish to amend and restate the Original Easement as set
<br /> forth herein;
<br /> NOW, THEREFORE, in consideration of the sum of One Dollar (51.00) paid by the
<br /> Grantee to Grantor,the receipt and sufficiency of which is hereby acknowledged by Grantor and
<br /> in consideration of the mutual covenants and agreements herein stated and as contained in
<br /> Grantor's Offer of Donation of July 27, 1995, the Grantor does hereby give, grant, demise,
<br /> convey and confirm unto the Grantee and its assigns, a temporary easement and right-of-way as
<br /> provided herein in, on, over, and across both (1) the Property as fully described in Exhibit A
<br /> attached hereto and by this reference made a part hereof and (2)the Additional Property as fully
<br /> c.�ta»twuantooiou
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