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STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE COUNTY OF MACON SUPERIOR COURT DIVISION FILE NO.: 07-CVS-720

Duke Energy Carolinas, LLC (“Duke Energy”) consents and agrees that Glen Hay, Inc. owns fee simple title to those certain two tracts of land described in Exhibit # 1, attached hereto and incorporated herein by reference, subject to the PPAB 1685794v1 easement rights granted to Duke Energy (through its predecessor, Nantahala Power and Light Company) (as clarified and more fully set forth in Paragraph No. 3 below)in the condemnation judgments recorded in Deed Book J-5 at Page 209 of the Macon County Registry, and Deed Book H-5 at Page 351 of the Macon County Registry. In addition, Duke Energy further stipulates and agrees that the following other parties own fee simple title to their respective parcels of land, subject to the easement rights granted to Duke Energy as more fully set forth below, pursuant to valid conveyances of fee simple title from Glen Hay, Inc. (or its predecessors in title) to (1) Benjamin Wesley and wife, Donna Ballman (pursuant to that deed in Deed Book U-30 at Page 1 of the Macon County Registry); (2) Raymond Netherwood and wife, Shelley Netherwood (pursuant to that deed in Deed Book U-30 at Page 1627 of the Macon County Registry), (3) Sarah B. Remley (pursuant to that deed in Deed Book K-31 at Page 2284 of the Macon County Registry); and (4) the State of North Carolina (pursuant to that deed in Deed Book F-24 at Pages 2108-2111 of the Macon County Registry), as set forth in Exhibit # 1.