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4011 university drive, suite 300, durham, nc 27707 post office box 51579, durham, nc 27717-1579 <br />TELEPHONE 919 490 0500 FAX 919 490 0873 www.kennoncraver.com <br />bferrell@kennoncraver.com <br />ENGAGEMENT MEMORANDUM <br />To:Orange County, North Carolina <br />Attn:Christian Hirni, Land Conservation Manager <br />Via Email: chirni@orangecountync.gov <br />From:Brian M. Ferrell, Attorney, Kennon Craver, PLLC <br />Date:February 28, 2023 <br />___________________________________________________________________________________ <br />Thank you for considering engaging Kennon Craver, PLLC to assist with the acquisition of a trail <br />easement on certain real property located in Orange County, North Carolina having PIN 9831842137 (the <br />“Property”). <br />This letter summarizes the basis on which our firm will provide legal services and how we will be <br />paid for our services. I will be primarily responsible for the matter. I may use other attorneys and/or <br />paralegals in the best exercise of my professional judgment. If, at any time, you have questions or concerns, <br />please contact me at once. <br />I.Title Search/Due Diligence <br />We will perform a title search on the Property. The nature of that search may take on one of two <br />forms, depending upon whether the title to the Property has previously been insured. If the title has not been <br />previously insured, a search of the public records for a period satisfactory to the title insurance company <br />will be required. If the title has previously been insured, we can obtain coverage for you by having the title <br />examined from the effective date of that coverage to the present. The process of performing only a limited <br />title search is what is known as “tacking”. If we tack to an existing title insurance policy, you will be relying <br />on its policy of title insurance and not our having examined the public records for any matter affecting title <br />prior to the date of the existing policy of title insurance to which we tacked. Therefore, absent your timely <br />objection, we will determine if title insurance coverage exists on the Property and, if so, have the public <br />records examined only from the date of that coverage to the present. In other words, absent your timely <br />objection, we will “tack” to that existing policy of title insurance. <br />This procedure will enable us to keep the County’s costs to a minimum while, at the same time, <br />providing full title insurance coverage, should the County elect to purchase a policy. You should be advised <br />that title insurance, while a valuable insurance coverage, does not cover all damage that may arise from a <br />title defect. Title insurance also does not necessarily provide immediate relief in the form of the payment <br />of a claim given title insurers have a reasonable time to correct defects in title which the insurer reasonably <br />believes can be corrected. What constitutes a “reasonable time” depends upon the nature of the defect. <br />Assuming title is insurable, we will obtain a title insurance policy in your favor in the amount of the <br />DocuSign Envelope ID: 35A18A2E-C1C7-417D-89C8-D622FFCBC5F0