HomeMy WebLinkAboutA008 - Title Opinion SHARP,BENSON, JAHN, FEILMEYER & WESTENFIELD,Plc
ATTORNEYS AT LAW
DALE E.SHARP 618 DOUGLAS-P.O.Box 270,AMES,IOWA 50010-0270
DAVID W.BENSON TELEPHONE:515-239-5000•FAX:515-239-5010
LAWRENCE E.JAHN —
FRANKLIN J.FEILMEYER DAVID W.BENSON
VICTORIA A.WESTENFIELD DIRECT NUMBER:515-239-5004
ATTORNEY'S OPINION
HORNE SUBDIVISION,AMES,IOWA
I, David W. Benson,the undersigned, state:
1. I am an attorney licensed to practice law in the State of Iowa and my
principal place of business is located at 618 Douglas Ave., P.O. Box 270, Ames, IA
50010-0270 (Telephone: 515-239-5000).
2. Pursuant to section 354.11 of the Code of Iowa, I have examined the ab-
stract of title to the real property described in the attached subdivision plat to be known as
Horne Subdivision,Ames, Iowa. Said real property is legally described as follows:
Parcel "E" in the Southwest Quarter of Section 14, Township 83 North,
Range 24 West of the 5th P.M., in the City of Ames, Story County, Iowa,
as shown on the "Plat of Survey" filed in the office of the Recorder of
Story County, Iowa, on the 27th day of May, 1997, and recorded as in-
strument#97-05150 in Book 14 at Page 210.
3. Based on such examination, I find that the proprietor of said real property
is HORNE-AMES, LLC, a Tennessee Limited Liabilfty Company, by virtue of a
special warranty deed filed on June 20, 1997, in the office of the Recorder of Story
County, Iowa, as Instrument No. 97-06206.
4. Based on such examination, I find that the holders of mortgages, liens, or
other encumbrances on the real property being platted are as follows:
(a) First American National Bank, a national banking association, under a
Mortgage in the amount of $7,100,000.00 given by Horne-Ames, LLC,
dated June 17, 1997, and filed in the office of the Recorder of Story
County, Iowa, on June 20, 1997, and recorded as Instrument No. 97-
06211.
(b) First American National Bank, a national banking association, under an
Assignment of Leases and Rents given by Horne-Ames, LLC, dated June
17, 1997, and filed in the office of the Recorder of Story County, Iowa, on
June 20, 1997, and recorded as Instrument No. 97-06212.
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(c) First American National Bank, a national banking association, under a FF--
nancing Statement given by Horne-Ames, LLC, and filed in the office of
the Recorder of Story County, Iowa, on June 20, 1997, and recorded as
Instrument No. 97-06213.
(d) Lowe's Home Centers, Inc., a North Carolina Corporation, as a tenant un-
der that certain Memorandum of Lease dated June 17, 1997, and filed on
June 20, 1997, in the office of the Recorder of Story County, Iowa as In-
strument No. 97-06214;
(e) Ford Street Development Company, L.C., and Professional Development
Group, L.C., and Horne-Ames, LLC, under those certain access easement
agreements dated June 4, 1997, and filed on June 20, 1997, in the office of
the Recorder of Story County, Iowa as Instrument No. 97-06208 and In-
strument No. 97-06209(and amendments thereto);
(f) Horne-Ames, LLC, and Lowe's Home Centers, Inc., under that certain
Declaration of Covenants, Conditions and Restrictions dated June 17,
1997, and filed on June 20, 1997, in the office of the Recorder of Story
County, Iowa as Instrument No. 97-06210;
(g) Horne-Ames, LLC, and Bourns, Inc., under that certain document titled
Restrictive and Affirmative Covenants dated June 16, 1997, and filed on
June 20, 1997, in the office of the Recorder of Story County, Iowa as In-
strument No. 97-06216;
(h) The City of Ames, Iowa, under that certain Avigational Easement dated
May 29, 1997, and filed on September 10, 1997, in the office of the Re-
corder of Story County, Iowa as Instrument No. 97-09746;
(i) The State of Iowa under that certain Quit Claim Deed dated June 20, 1963,
and filed on June 26, 1963, in the office of the Recorder of Story County,
Iowa, in Book 122 at Page 169 which restricts direct access from the real
propem� onto Primary Road No. U.S. 69.
(j) The City of Ames, Iowa, under its zoning ordinance.
Dated December 16 , 1997.
i
DAVID W. BENSON,Attorney
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STATE OF IOWA, COUNTY OF STORY, SS:
On December \ (o , 1997, before me, the undersigned, a Notary Public in and
for said State, personally appeared DAVID W. BENSON to me known to be the PER-
SON named in and who executed the foregoing instrument, and acknowledged that the
person executed the same as the person's voluntary act and deed.
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