0000950144-07-009074 Sample Contracts

INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE among DUKE ENERGY CAROLINAS, LLC, JPMORGAN CHASE BANK, N.A., as Trustee, and THE BANK OF NEW YORK TRUST COMPANY, N.A., as Successor Trustee Dated as of September 24, 2007
Instrument of Resignation, Appointment and Acceptance • October 3rd, 2007 • Duke Energy Carolinas, LLC • Electric services

WHEREAS, Duke Power Company, a corporation organized and existing under the laws of the State of New Jersey, to which the Company is the successor, heretofore executed and delivered to GUARANTY TRUST COMPANY OF NEW YORK (now JPMorgan), as Trustee, its First and Refunding Mortgage dated as of December 1, 1927 (hereinafter the “Original Indenture”), to secure the payment of bonds issued and to be issued in accordance with the provisions of the Original Indenture, as supplemented and amended from time to time (the “Indenture”); and

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DUKE ENERGY CORPORATION TO JPMORGAN CHASE BANK, N.A., Trustee EIGHTY-FOURTH SUPPLEMENTAL INDENTURE Dated as of March 20, 2006 SUPPLEMENTAL TO FIRST AND REFUNDING MORTGAGE DATED AS OF DECEMBER 1, 1927
Eighty-Fourth Supplemental Indenture • October 3rd, 2007 • Duke Energy Carolinas, LLC • Electric services

This Eighty-Fourth Supplemental Indenture, dated as of March 20, 2006 (the “Supplemental Indenture”), by and between Duke Energy Corporation, a North Carolina corporation (formerly Duke Power Company) (the “Company”), and JPMorgan Chase Bank, N.A. (successor to Guaranty Trust Company of New York), a national banking association, as trustee under the Mortgage Indenture referred to below (the “Trustee”).

FIFTEENTH SUPPLEMENTAL INDENTURE
Supplemental Indenture • October 3rd, 2007 • Duke Energy Carolinas, LLC • Electric services • New York

This Fifteenth Supplemental Indenture, dated as of April 3, 2006 (the “Fifteenth Supplemental Indenture”), among Duke Energy Corporation, a North Carolina corporation (“Duke Energy”), Duke Energy Holding Corp., a Delaware corporation (formerly named Deer Holding Corp.) (“Duke Holdco”) and JPMorgan Chase Bank, N.A. (formerly known as The Chase Manhattan Bank), a national banking association, as trustee under the Indenture referred to below (the “Trustee”).

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