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<br /> Exhibit B
<br /> Prepared by: Robinson,Bradshaw & Hinson, P.A. (Mark W. Merritt)
<br /> Mail to: David B. Adcock, Duke University, Office of the University Counsel, 011 Allen Building,
<br /> Flowers Drive, Durham, NC 27706 -
<br /> r�k454
<br /> TM 7.20„7A `w„1732
<br /> �� AMENDED AND RESTATED
<br /> 9871-20-17g6 -
<br /> DEED OF EASEMENT
<br /> WITH WARRANTY DEED
<br /> THIS AMENDED AND RESTATED DEED OF EASEMENT WITH WARRANTY
<br /> DEED(thus"Easement')is made its 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("Gramee"),
<br /> do Heidi IC Ramiro; 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,.ponditions, 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 herein;
<br /> WHEREAS,Grantor has heretofore granted Grantee an easement pnasnam to terms and
<br /> conditions set forth in that certain instrument entitled "DEED OF BASEmEwT WITH
<br /> WARRANTY DIED" dated October 10, 1995 (the "Orlgirial Easement") recorded in Book
<br /> 1399, 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 'a£ 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 Properly 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 /> 4
<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, THEREPORE, 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 /> cr,m.aianaara,
<br />
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