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10. The Attorney shall not apply for fees over the amounts aforementioned except for
<br /> unusual, novel, or difficult cases. The provisions of this paragraph shall be rarely invoked, if at
<br /> all. Furthermore,the Attorney shall notify the Tax Office for approval before taking on
<br /> extraordinary time and expense so as to make such application for additional fees necessary.
<br /> 11. The County shall pay to the Attorney a fixed fee of three hundred twenty-five
<br /> dollars and 00/100 ($325.00) if a parcel is recalled before suit is filed or the standard per parcel
<br /> fee as set forth in Paragraph 6 (as reduced by Paragraph 9, if applicable) if a parcel is recalled
<br /> after suit is filed plus all incurred expenses, i.e., service fees, copy charges, postage, publication
<br /> costs, filing fees, and the like, in the event of double listings, clerical or other erroneous
<br /> information provided by the Tax Collector to the Attorney, or legal, practical or administrative
<br /> problems discovered by the Attorney which result in legal impracticality or impossibility to
<br /> effect proper collection remedies through foreclosure.
<br /> 12. Costs, expenses, and the like, to the extent that they are ascertainable as of the
<br /> time this Agreement is executed, are as follows: a) copies at$ .25 per copy for those made at
<br /> Attorney=s office and as incurred by Attorney as to copies made elsewhere, i.e. register of deeds,
<br /> clerk of court, etc., with a minimum charge of$.25 per copy, b) filing fees as set by statute,
<br /> currently $150 per suit, $20 per notice filed, and $15 per alias&pluries summons issued c)
<br /> publication costs as incurred by Attorney according to the publishers=then current rate, d)
<br /> service fees by certified and regular mail as set by the United States Postal Service, currently
<br /> $6.77 per envelope for certified mail, e) service fees by North Carolina Sheriff as set by statute,
<br /> currently $30 per defendant/lienholder, and f) service fees by out of state service providers as set
<br /> by that state=s statute.
<br /> 13. To ensure that the proper amount of delinquent taxes, interest, fees and costs are
<br /> collected,the Attorney and the Tax Collector shall verify with one another the amount due at the
<br /> time when, and if,the Taxpayer satisfies the tax lien after the complaint is filed but prior to
<br /> foreclosure.
<br /> 14. All funds collected shall be paid to the Tax Collector and shall be paid in the form
<br /> of cash, bank check or certified funds. County shall immediately inform Attorney of the receipt
<br /> of any such funds and the parcel to which they pertain. Any part of any such funds that represent
<br /> attorney fees, service fees, copy charges, postage, publication costs, filing fees, and the like shall
<br /> be remitted to Attorney as part of the next ensuing regular disbursement by the County Finance
<br /> Office.
<br /> 15. Subject to the terms below, Attorney shall be the sole and exclusive special tax
<br /> foreclosure attorney for the County during the term of this agreement. County shall use its best
<br /> efforts to assign all of its parcels with delinquent property taxes to Attorney pursuant to the
<br /> terms hereof during the term of this Agreement.
<br /> 16. Attorney's services hereunder are limited to the general prosecution of foreclosure
<br /> actions to collect delinquent taxes assessed against real property located in the County, including
<br /> title search services, document preparation, court appearances to obtain orders of foreclosure by
<br /> default judgment,judgment on the pleadings, summary judgment, appearances as Commissioner
<br /> 4
<br /> G-4 Page 155
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