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5O4 <br /> <br />payment of the principal amount of the remaining debt of the <br />District incurred with respect to the Water Lines, plus accumulated <br />interest thereon, if any; <br /> NOW, THEREFORE, in consideration of the sum of $326,384.33 in <br />hand duly paid by the City to the District, and other good and <br />valuable consideration the receipt and sufficiency of which are <br />hereby acknowledged, the Grantors have and by these presents do <br />grant, bargain, sell, convey and assign unto the City in fee simple, <br />the Water Lines, as more specifically described on Exhibit A <br />attached hereto and incorporated herein by reference, to§ether with <br />any real property interests, easements, rights of way, use <br />agreements, encroachment agreements, and the like with respect to <br />the real property in, through or under which the Water Lines are <br />located or to which access to the Water Lines is or may be made <br />(collectively, the "Real Property Interests"). <br /> The District warrants and covenants with the City that it has <br />done nothing to impair such title to the Water Lines as the District <br />received, and the District will warrant and defend the title against <br />the lawful claims of all persons claiming by, under or through the <br />District. The District and the County warrant and covenant with the <br />City that they have done nothing to impair such title to the Real <br />Property Interests as the District and the County, respectively, <br />received, and the District and the County will warrant and defend <br />the title against the lawful claims of all persons claiming by, <br />under or through the District or the County, respectively. <br /> The District and the County acknowledge and agree that, <br />pursuant to the Reciprocal Agreement and other applicable agreements <br />with the City, the County or the District, as applicable, will <br />continue to supply water to the Water Lines and allow the City to <br />supply water to the former customers of the District located along <br />the Water Lines. <br /> The County and the District each represent and warrant that <br />the execution of this Instrument and the full performance of its <br />obligations hereunder are fully authorized by law, and that each has <br />complied with all procedures necessary to render its execution of <br />this Instrument and the performance of its obligations hereunder <br />valid, legal and binding acts of the County and the District, as <br />applicable. <br /> The execution of this Instrument is with the understanding of <br />the County and the District that the City will exercise commercially <br />reasonable efforts in the CityVs sole discretion to cooperate with <br />the County and the District in the collection of customer accounts, <br />including the possibility of disconnecting the water supply of <br />delinquent customers. <br /> IN WITNESS WHEREOF, the County and the District have caused <br />this Instrument to be executed and attested under seal as of the day <br />and year first above written. <br /> <br />ATTEST: <br />By: /s/ Frankie F. Bonds <br /> Frankie F. Bonds, Clerk <br /> (COUNTY SEAL) <br /> <br />ATTEST: <br />By: /s/ Frankie F. Bonds <br /> Frankie F. Bonds, Clerk <br /> (DISTRICT SEAL) <br /> <br />CABARRUS COUNTY, a political <br />subdivision of the State of <br />North Carolina <br />By: /s/ Carolyn B. Carpenter <br /> Carolyn B. Carpenter, Chairperson <br /> <br />CABARRUS COUNTY WATER AND SEWER <br />DISTRICT, by Cabarrus County Board <br />of Commissioners as its governing <br />body <br />By: /s/ Carolyn B. Carpenter <br /> Carolyn B. Carpenter, Chairperson <br /> <br /> <br />