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NORTH CAROLINA JOINT REPRESENTATION AND <br />ORANGE COUNTY CONFLICT WAIVER AGREEMENT <br /> (NCLWF #2020-048) <br /> <br /> <br /> We, the undersigned, acknowledge that Brian Ferrell (“Attorney”) and the law firm of Kennon <br />Craver (“Firm”) have been asked to represent Orange County, North Carolina (“Conservation <br />Organization”) and the State of North Carolina (“State”), acting by and through the North Carolina <br />Land and Water Fund (“NCLWF”), in the transaction involving the conveyance to Conservation <br />Organization of certain real property located in Cheeks Township, Orange County, North Carolina <br />consisting of 76.84 acres in total and the conveyance of a conservation easement by Conservation <br />Organization to the State over the property or a portion thereof. <br /> <br /> The signatories hereto acknowledge that the joint representation includes, and is limited to, <br />title search, certification of title, obtaining of title insurance for both Conservation Organization and <br />the State, as well as taking the customary steps to close, record, and complete the transaction. <br />Conservation Organization and State agree that Attorney and Firm may represent the Conservation <br />Organization related to the drafting and reviewing of the conservation agreement and other documents <br />related to this transaction and that Attorney and Firm do not represent the State regarding the same. <br />(Whether Attorney and Firm represent Conservation Organization regarding these non-joint matters, <br />and the extent thereof, is determined by a separate understanding or agreement between them.) <br />Conservation Organization and the State acknowledge that the State, through the NCLWF, will either <br />pay or reimburse some or all the attorneys’ fees charged by Firm in connection with this transaction. <br /> <br />Conservation Organization, State, and Attorney are not aware of any conflict of interest <br />between Conservation Organization and State, but to the extent any may exist, they waive the same <br />and consent to Attorney’s and Firm’s jointly representing Conservation Organization and State in the <br />above described transaction on the terms stated herein. In reliance on the above and subject to the <br />limitations stated herein, Attorney and the Firm agree to represent jointly the parties as stated herein. <br /> <br /> State of North Carolina (acting by and through the NCLWF): <br /> <br /> <br /> BY: _______________________________________ DATE: ________________ <br />Zoe Hansen Burnet, Assistant General Counsel, NC Dept. of Natural <br />and Cultural Resources and Attorney for NCLWF <br /> <br />Orange County, North Carolina <br /> <br /> <br />BY: _______________________________________ DATE: _________________ <br />Bonnie Hammersley <br />County Manager <br /> <br /> <br />Kennon Craver <br /> <br /> <br />BY: ___________________________________ DATE: ________________ <br /> Brian Ferrell <br />DocuSign Envelope ID: 55BCC448-0A2F-4EA8-9EAC-EA721C3CE520 <br />5/10/2023 <br />DocuSign Envelope ID: 50217A3D-41A4-496E-8E73-4D3ACA19B606 <br />5/12/2023 <br />5/15/2023