2018-350-E DEAPR - Kennon Craver Tunnels End Horse Farm easement

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DocuSign Envelope ID: 6DDB8514- 1639- 46E0- A361- 91A3E7EC35ED "Easement Deed "). I understand that the County does not require our assistance with negotiating or drafting the Easement Deed, so the preparation of that document is not included in the scope of our engagement. Closin We will conduct the closing on the Easement. The closing can occur in our offices or another location that works better for the patties. The County agrees to wire the closing funds into my trust account prior to the closing. We will make every effort to provide the County with a draft of the settlement statement no less than 24 hours prior to the closing date. Following the closing, we will update title and record the new plat and Easement Deed in the office of the Register of Deeds. Wire Instructions Our wiring instructions are included with this letter. BEFORE SENDING ANY WIRE, CALL OUR OFFICE AT (919) 490 -0500 TO VERIFY THE INSTRUCTIONS. WE WILL NOT CHANGE WIRING INSTRUCTIONS. IF YOU RECEIVE WIRING INSTRUCTIONS FOR A DIFFERENT BANK, BRANCH LOCATION, ACCOUNT NAME OR ACCOUNT NUMBER OTHER THAN TH INSTRUCTIONS YOU HAVE ON FILE, THEY SHOULD BE PRESUMED FRAUDULENT. DO NOT SEND ANY FUNDS AND CONTACT OUR OFFICE IMMEDIATELY. FAILURE TO FOLLOW THIS PROCEDURE ENDANGERS YOUR FUNDS. Legal Fees & Expenses This engagement is specifically limited to: (1) performing the title search; (2) preparing the title opinion; (3) disusing arty title issues discovered during the title search with you; (5) recording the documents listed above; (6) preparing the settlement statement and (7) conducting the closing,. Please be aware that additional work necessary to complete the closing, such as attempting to resolve significant title defects, significant work related to locating heirs or resolving estate issues related to the property in the chain of title, etc., may require work beyond the scope of this letter and cost in excess of the fee listed below, In the event the County requires representation prior to closing or additional legal work not referenced in this letter becomes necessary (such as work associated with clearing any title defects and resolving estate issues), then we may perform such work at the County's specific request under an amendment to this agreement at our normal hourly rates. Our fee for performing the legal work outlined herein is $2,5 00 payable in full at the closing. The flat fee is the entire payment for the work outlined herein regardless of the amount of time that it takes to perform the work. The flat fee will be earned by us immediately upon payment and will be deposited in our business account rather than a client trust account or, if the wire containing the flat fee includes other client funds (recording fees, survey costs, etc.) and is initially deposited into our trust account, the flat fee will be immediately transferred to our business account; and when our representation in this matter ends, the County will not be entitled to a refund of any portion of the flat fee unless (1) the closing is not completed, in which event a proportionate refund may be owed, or (2) it can be demonstrated that the flat fee is clearly excessive under the circumstances. In addition to the foregoing flat fee, the County will be responsible for payment of anyexpenses incurred by our firm in connection with the closing such as express mail charges, and wire fees each and all of which will be set out on the settlement statement at closing. Should this transaction not close for any reason, then we will bill the County at a discounted local government rate of $250 per hour for all work done up and through the date of the termination of the transaction. In such event, the County also agrees to pay $110 per hour for the services of our firm's real estate paralegal who will collect the necessary documents from the office of the Register of Deeds and otherwise assist me with the Project. The County will also be responsible for other typical costs of closing KC: 380458 kennnn onver, pllc 4011 universin, &ive, Yuite,300, durhnm, nc277 07 • post office box 51579. din-ham. ac 27717- -15'9 TELEPHONE 9194900500 FAX 91 9 490 08 -3 rrrtxvlzrurroiurrtve'rcR+ir