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HomeMy WebLinkAboutA013 - Attorney's Title Opinion dated March 12, 2001 "-' PoSYu Date #of pages Fax Note 3Q I p� To LAW OFFICES OF Fax2,.4 ADAMs & R From Phone# RONADAMS A PROFESSIONAL LIMITED SUITE620 G.MARK RICE 317 SIXTH AVENUE DENNIS R.THOMPSON SIXTH&LOCUST STREET DES MOINES,IOWA 503 09-4 1 1 5 March 12, 2001 TELEPHONE(515)246-9800 FAX(515)246-0450 City of Ames e-mail:mark@adamsandrice.com City Hall direct dial: (515)883-2140 515 Clark Street Ames IA 50010 Re: East Lincolnway Development Title Opinion Dear Sir or Madame: This is to certify that we have examined the Abstract of Title Number 59305 which was prepared by Iowa Title Company from the root of title through February 16, 2001 at 8:00 a.m. covering the real property described as follows: Lot 1, Pete Cooper Subdivision, City of Ames, Story County, Iowa. We report that the proprietor having fee simple title is: Donald E. Barber. Subject to the following liens, limitations and exceptions: Real Estate Mortgage: The abstract shows that the property is subject to a Real Estate Mortgage given to Firstar Bank Iowa, N.A., dated and filed May 23, 1997 in look iNsTRumm 97-.f�age-0�{ of the records of the Story County Recorder. 9 , Financing Statement: The abstract shows that the property under examination is subject to a Financing Statement given to Firstar Bank Iowa, N.A., filed June 2, 1997 in�INS IIMENT Beek -7,-Pege�l�of the records of the Story County Recorder. I = 4 0. Mortgage: The abstract shows that the property under examination is subject to a Real Estate Mortgage given to Firstar Bank Iowa, N.A., dated and filed August 29, 1997 ice-Beek-9-7-Page4)93-&2 of the records of the Story County Recorder. AS INSTRUMEN'i =Q93$2 Mechanic's Lien: The abstract shows that the property under examination is subject to a Mechanic's Lien filed by Nikkel and Associates, Inc., under number LNLN004732. 01 - 06410 ADAMs & RICE City of Ames March 12, 2001 Page 2 Foreclosure Action: The property under examination is subject to a pending Foreclosure Action in a matter entitled, Firstar Bank Iowa, N.A. v. Barber's of Iowa, Inc. filed on March 20, 2000 as Equity Number EQ-CV039157 foreclosing the mortgages referenced in paragraphs one and three above. Lawsuit: The abstract reflects a pending lawsuit by Robert K. Friedrich, Jr. v. Robert W. Englehart and Sandra L. Englehart in the Iowa District Court for Story County as Law Number LA-CV039518 filed December 6, 2000, which is pending. Real Estate Taxes: The abstract reflects property under examination was sold at a tax sale on June 1, 2000 for $32,408.27. Special Assessments: The abstract reflects that there are two special assessments, number 175031 for a total amount of $17,096.78 payable in 10 installments with 5 installments paid and zero installments delinquent. The second special assessment, number 75025 is in the total amount of $65,412.23 payable in 10 installments, 6 installments paid and zero installments delinquent. There are no other mortgages, judgments, special assessments or liens affecting the property. This opinion is given for planning purposes pursuant to Iowa Code Section 354.11 (3). ADAMS &RICE, P.L.C. �/' /' 01 - 06410