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HomeMy WebLinkAboutA003 - Attorney's Title Opinion dated June 22, 1999 v NEWBROUGH,JOHNSTON, BREWER,MADDUX & SOTAK,L.L.P. ATTORNEYS AT LAW 612 KELLOGG AVENUE HAROLD O.HEGLAND P.O.BOX 847 TELEPHONE (1909-1979) AMES,IOWA (515)232-1761 50010-0847 D.R.NEWBROUGH FAX FRANK B.JOHNSTON (515)232-8962 JAMES A.BREWER JERE C.MADDUX RONALD M. SOTAK STEPHEN J.HOWELL June 22, 1999 Mr. and Mrs. Jesse P. Goff i ` - 2 3359 Stagecoach Road J 21i, �-oAmes, Iowa 50010 ,t 1JU-kk Cv�nfa'?�Siv�yG Ladies and Gentlemen: We have examined the Abstract of Title, in two connected parts, to the following- described real estate, to-wit: Lot Four (4), Arnold Acres, Story County, Iowa, EXCEPT Parcel "D" as shown on the "Plat of Survey" filed in the office of the Recorder of Story County, Iowa, on the 8" day of February, 1993, and recorded in Book 11, Page 123, from the root of title thereof,last certified down to and including the 11"day of June, 1999, at 8:00 o'clock a.m., by Batman-Sayers Abstract Company, Nevada, Iowa(Iowa Title Guaranty Division Member No. 8212). We find title to be in the names of JESSE P.GOFF and BELINDA S.GOFF, husband and wife, as joint tenants with rights of survivorship, subject, however, to the following: 1. MORTGAGE. At Entry No.203 is noted a Mortgage in the original sum of $187,500.00 executed by Jesse Paul Goff and Belinda Sue Goff,husband and wife,to Story County Bank and Trust. This Mortgage is dated August 30, 1994,and was filed in the office of the Recorder of Story County, Iowa, on August 31, 1994, as Instrument No. 94-09844. This Mortgage constitutes a first and paramount lien against the real estate under examination 2. PLAT DIAGRAM. At Entry No. 193 is noted a reproduction of the "Final Plat" of Arnold Acres, Lot 4, Story County, Iowa. We have attached to this Title Opinion a photocopy of a Final Plat(consisting of one page) for informational purposes. You will note from this attachment that access to the real estate under examination is afforded by Stage Coach Road, a public street within Story County,.Iowa. 99- 13062 (5) Mr. and Mrs. Jesse P. Goff Jurie 22,1999 Page 2 At Entry No. 199 is noted a reproduction of the Plat of Survey of Parcel "D" of Lot 4, Arnold Acres, Story County, Iowa. We have attached to this Title Opinion a photocopy of this Plat (consisting of one page) for informational purposes. 5. REAL ESTATE TAXES. Regular real estate taxes are paid up to and including those for the fiscal year July 1, 1997, to June 30, 1998 (those payable in the fiscal year ending June 30, 1999). There are no unpaid Special Assessments shown on the Story County Treasurer's current tax list,nor are there any Resolutions of Necessity with respect to Special Assessments that have been certified to the Story County Treasurer's office. There are no unpaid or delinquent personal taxes shown. Searches have been made against Jesse Paul Goff,Jesse P.Goff,Jesse Goff,Belinda Sue Goff and Belinda S. Goff. 6. ZONING. The real estate is subject to Story County Development Plan of August 2, 1994. To determine the uses and limitations on the subject property,inquiries should be made to the Zoning Administrator for Story County. Since you are in possession of the real estate, we assume you are informed as to whether there are any recent improvements which may be the basis of Special Assessments or Mechanics' Liens, although not yet of record. Since the following cannot be determined by examination of the Abstract of Title, you should also: (a) take notice of any easement over the real estate, the existence of which is apparent from physical evidence of its use; (b) satisfy yourself as to the location of the boundary lines;and(c)note if there are any encroachments or any buildings which overlap the boundary lines. Yours truly, NEWBROUGH, JOHNSTON, BREWER, MADDUX& SOTAK, L.L.P. Stephefi Howell Iowa Title Guaranty#3169 SJH/sko Attach. - 2 �9 13a 6