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HomeMy WebLinkAboutA004 - Attorney's Opinion dated May 23, 2002 ATTORNEY'S TITLE OPINION I, Franklin J. Feilmeyer, am an attorney licensed to practice in the State of Iowa, and my principal place of business is located at 618 Douglas Avenue, P.O. Box 270,Ames, Iowa 50010-0270. In accordance with section 354.11 of the Code of Iowa and for the limited purpose described therein, I have examined the abstract of title to the Real Property more particularly described in the attached Consent to subdivision platting and to be known as: Second Addition,Terra Firma-Subdivision,Ames, Iowa. IT IS MY PROFESSIONAL,OPINION,based on said examination,that: 1. The fee simple title to said Real Property is vested in: Terra Firma,L.P., an Iowa Limited Partnership. who is the sole owner and proprietor entitled and required to consent to the subdivision platting, subject to easements, rights-of-way, restrictive covenants of record and applicable governmental regulations. 2. There are holders of mortgages, liens, or other encumbrances on said Real Property being platted as follows: A part of the Real Property described as "The North 97.5 feet of the South 197.5 feet of Lot 1 in Parker's Addition to Ames,Iowa, lying east and south of the railroad right of way"was mortgaged by Terra Firma, L.P., to Bankers Trust Company, N.A., to secure an original indebtedness of $7,010,000.00. The mortgage is dated September 5, 2001, and was filed in the office of the Re- corder of Story County,Iowa, on November 28,2001,and recorded as Instrument N°01-16630. Dated 23 May,2002. RAN FE MEYER STATE OF IOWA,STORY COUNTY,SS.: Subscribed and sworn before the undersigned notary public in and for said state and county on 23 May,2002. L BRENDA C. MCCLOUD COMMISSION NO.I7Z C f n�� lam( lC� • MYC D 4 NOTARY PUBLIC owe JUNE 17 FJF 20020523155126 SHARP,JAHN,FEILMEYER,FEILMEYER&KEENAN,p[c Attorney,at Law•Ames,Iowa