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V" <br />THIRD PARTY LIMITED FEE AGREEMENT <br />THIS AGREEMENT is made thiso?~day of~tvts8r, 2005, by and between V. Paul <br />Moltz, ("Moltz")and Felt, Monson 8 Culichia, LLC, Attomeys at Law (the"Firm"). The term <br />Firm includes all attomeys providing legal services to the Client. <br />For good and valuable consideration, the parties agree as follows: <br />1. Aaencv of Attomey: The Firm has been retained by Mr. Dennis Schoger, on <br />behalf of River Rock Ranch, Inc., to negotiate and prepare a Ditch Relocation and <br />Easement Agreement in conjunction with the relocation and reconstruction of a portion of <br />the Bray Ditch and Allen Extension which traverses the Molfz Property. Accordingly, the <br />Firm has been employed as River Rock Ranch's exclusive agent In this matter, and the <br />Firm cannot provide any legal counsel to Moltz with respect to this matter. Moltz should <br />contact individual legal counsel should Moltz wish to discuss any legal ramifications of this <br />Limited Fee Agreement and/or the Ditch Relocation and Easement Agreement. <br />2. Puroose of Agreement: Moftz agrees to assume all legal costs and expenses <br />associated with the Firm's preparation of the Ditch Relocation and Easement Agreement <br />being drafted in conjunction with the relocation and reconstruction of a portion of the Bray <br />Ditch and Allen Extension which traverses the Moltz Property. The Firm accepts such <br />employment and agrees to render and perform legal services described as follows: <br />Negotiation, preparation, and filing of a Ditch Relocation Agreement <br />with Grant of Easement; Preparation of a Limited Fee Agreement <br />3. Deposit Account: Moltz hereby agrees to deposit prior to NN/A, the sum of $ <br />~/~ with the Firm, which shall be deposited to the Firm's Trust Account, from which the <br />firm may draw to pay the fees and casts hereinafter provided. At its option, the Firm may <br />refrain from performing any legal services on behalf of client until the Deposit is received <br />and this Agreement is signed by Mottz. <br />4. Attomeys Billing and Collection Procedures: Moltzwill receive a monthly bill <br />of the Firm's fees, costs and other expenses, which bell Is payable upon receipt, unless <br />paid from an existing retainer. If Mpltx pays such bills within 30 days of the billing date, no <br />finance charge wilt be incurred. However, it any bill is not paid within such time, A <br />FINANCE CHARGE OF 1 '/~ PERCENT PER MONTH (ANNUAL PERCENTAGE RATE <br />OF 18%) shall be applied to the outstanding balance. If any bill is not paid when due, the <br />Firm may assert a security interest in any pending actions, documents, ar files in its <br />possession, and may institute collection action to recover the attomeys fees and costs due, <br />plus all reasonable attorneys fees related to collection, or the equivalent thereof if the Firm <br />represents itseN. <br />5. Attomev Fees: The Client hereby agrees to pay the Firm its then current rate <br />for legal services. Such services include, by way of example only, and not by way of <br />CIRi£RA'd <br />b5L£ S6£ 6IL:01 <br />b£2IILb6IL tfIHJI'GlJ NOSNOW 1~3d ~W02i3 2b:H0 5002-82-d35 <br />