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~~ ~ <br />~e~1P 5. <br />Ferrell Firm, P.C. <br />P. O. Box 16564 <br />Chapel Hill, North Carolina 27516 <br />Telephone (919) 883-4960 <br />Fax (866) 941-6233 <br />BRIAN M. FERRELL <br />E-MAIL: brian@ferrellfirm.com <br />Februaxy 7, 2011 <br />John Roberts, Esquire <br />Orange County Attorney <br />P.O. Box 8181 <br />Hillsborough, North Carolina 27278 <br />Mr. Rich Shaw <br />Orange County, North Carolina ERCD <br />P.O. Box 8181 <br />Hillsborough, North Carolina 27278 <br />RE: Engagement For Legal Services: Orange County's Purchase of Breeze Farm <br />Conservation Easement: PIN 9870-40-3540 <br />Dear John & Rich: <br />Rich, thank you for contacting me recently regarding Orange County's need for legal assistance <br />in the closing of the above referenced conservation easement. I am pleased to assist the County with this <br />easement transaction. If agreeable to the County, this letter establishes the terms of our engagement. I <br />propose to perform the following legal services on behalf of the County upon the following terms and <br />conditions. <br />Title Search & Title Insurance <br />I will conduct a title search on the relevant property (the "Easement Property"). The County has <br />a choice as to the type of title examination available in this matter. The County has the option of either <br />engaging me to perfonn a"title update" on the subject property or a"full search" comprising an <br />examination of the public records for no less than 30 years. The differences between these two options in <br />terms of content and cost are described below. <br />A title update search begins with the date and tiine of issuance of the current owner's title <br />insurance policy. This means that I will not search the public records pertaining to the subject property <br />prior to the issuance of the existing title insurance policy. I, therefore, do not certify the status of the title <br />prior to this date, so I will not be able to detect any title defects, clouds on title, encumbrances and the like <br />which may later give rise to a claim against the title prior to the date of the current insurance policy. <br />Nonetheless, the title insurance company should cover you against all claims that are not excepted from <br />the policy even if such claims arise out of defects or encumbrances, which occurred prior to the search <br />period. <br />