HomeMy WebLinkAboutA014 - Attorney's Opinion dated October 3, 1991 Y
ATTORNEY'S OPINION
I, Craig R. Hastings, hereby state that I am an Attorney at Law, duly
admitted to the practice of law in the State of Iowa, and a member of
the firm of Clark & Hastings, with offices at 315 Sixth St., Ames,Iowa. I further
state that I have examined the Abstract of Title to the following described
real estate, located in Story County, Iowa:
A part of the East 'Half of Section 34, Township 83
North, Range 24 West of the 5th PM, Story County, .
Iowa, described as follows: Beginning at the
Northeast Corner of said Section 34; thence
N89012'50"W, 1 ,317.28 feet to the Northwest Corner
of the Northeast Quarter of the Northeast Quarter of
said Section 34, thence S0025'00"E, 1 ,330.70 feet to
the Southwest Corner of the Northeast Quarter of the
Northeast Quarter of said Section 34; thence
N89048'38"W, 465.79 feet along the North line of the
Southwest Quarter of the Northeast Quarter of said
Section 34; thence SO°19'33"E 1 ,832.13 feet; thence
S89020'51 "E, 1 ,787.56 feet to the East line of the
Southeast Quarter of said Section 34; thence
NO°00'38"E, 511 .49 feet along said East line to the
East Quarter Corner of said Section 34; thence
N0030'10"W, 2,651 .44 feet along the East line of the
Northeast Quarter to the Point of Beginning,
containing 115.48 acres;
from the date of the root of title thereof, down to and including the 27th
day of September, 1991, last certified by Cyclone Abstract & Title Co.. The
real estate has been subdivided and is now known as STERLING
SUBDIVISION.
Based upon information within the Abstract of Title, it is my opinion
that the fee simple title to said real estate is in THEODORE R. STERLING, JR.
and PEGGY JEAN STERLING, a/k/a PEGGY J. STERLING, Husband and
Wife, DALE E. CLARK, JR. and PATRICIA L. CLARK, Husband and Wife, and
IOWA ACRES, INC., an Iowa corporation, and that said real estate is free
from all encumbrances excepting, however, to the following
mortgages:
BOOK-1 _PAGE-3-2
a. Mortgage given to AMES CITY EMPLOYEES CREDIT UNION,
executed by THEODORE R. STERLING and PEGGYrEAUSTERLING, as
mortgagors on July 27, 1989 and recorded on July 28, 1989, in Book 370,
Page 88 of the Story County Records
b. Mortgages given to AMERICAN STATE BANK, executed by
IOWA ACRES, INC., as mortgagor on March 13, 1990 and recorded on
July 2, 1990, in Book 393, Page 127 of the Story County Records and on
April 17, 1991 and recorded on April 17, 1991, in Book 412, Page 280 of the
Story County Records.
C. Mortgage given to UNITED SECURITY SAVINGS BANK,
executed by DALE E. CLARK, JR. and PATRICIA L. CLARK, as mortgagors
on May 8, 1990 and recorded on May 8, 1990, in Book 388, Page 346 of
the Story County Records, assigned by United Security Savings Bank to
NORWEST FINANCIAL IOWA 3, INC. by assignment recorded June 24, 1991
in Book 308, Page 231 of the Story County Records.
d. Mortgage given to UNITED BANK & TRUST, n/k/a FIRSTAR
BANK AMES, executed by DALE E. CLARK, JR. and PATRICIA L. CLARK, as
mortgagors on July 18, 1990 and recorded on July 25, 1990, in Book 395,
Page 78 of the Story County Records
It is my opinion that the real estate is further subject to easements and
restrictions of record and the Zoning and Land Use Ordinances of Story
County, Iowa.
Dated this day of , 1991.
Clark & Hastings
by
Craig astings
315 Sixth t.
Ames,IA 50010
(515)232-2501
2M
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