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After recording return to: <br />Baker Botts L.L.P. <br />/ One Shell Playa <br />910 Louisiana Street <br />1 Houston, Texas 770024995 <br />Attention Janna L. Charlton, Esq. <br />STATE OF TEXAS <br />COUNTY OF HARRIS <br />09/03/02 30001353 V048245 I27.00 <br />MEMORANDUM OF LEASE <br />cn <br />•- is <br />1 <br />,.. <br />MEMORANDUM OF LEASE <br />The Above Space for Recorders Use Only <br />This Memorandum of Lease, dated as of the 31st day of August 2002, is by and <br />between Texas Genco, LP, a limited partnership organized and existing under the laws of the <br />State of Texas with its principal office located at 1111 Louisiana, Houston, Texas 77002 ("Texas <br />Genco") and E. I. du Pont de Nemours and Company, a corporation organized and existing under <br />the laws of the State of Delaware with its principal office located at 1007 Market Street, <br />Wilmington, Delaware 19898 ("DuPont"). <br />WITNESSETH <br />WHEREAS, Texas Genco and Du Pont have entered into a certain Ground Lease <br />of even date herewith (the "Ground Lease") whereby Du Pont did lease to Texas Genco certain <br />tracts of land situated in the Enoch Brinson League, Abstract No. 5, Harris County, Texas, more <br />particularly described in Exhibit A attached hereto and made a part hereof (the "Leased <br />Premises"); and <br />WHEREAS, in the Ground Lease Du Pont has granted to Texas Genco certain <br />easements, more particularly described in Exhibit B attached hereto and made a part hereof (the <br />"Easements"); and <br />H0003:866189.1 <br />