HomeMy WebLinkAboutA003 - Attorney's Title Opinion ATTORNEY'S TITLE OPINION
1, David W.Benson,am an attorney licensed to practice in the State of Iowa,and my principal
place of business is located at 1416 Buckeye Avenue,Ste.200,Ames,Iowa 50010. In accordance with
section 354.11 of the Code of Iowa and for the limited purpose described therein,I have examined the ab-
stract of title to the Real Property down to the 17"'day of August 2010,last certified by Abstract&Title
Services of Story County,Ames, Iowa(Iowa Title Guaranty Division Member#8650),more particularly
described in the attached Consent to subdivision platting and to be known as:
SUNSET RIDGE SUBDIVISION FOURTH ADDITION,AMES,STORY COUNTY,
IOWA.
IT IS MY PROFESSIONAL OPINION,based on said examination,that:
1. The fee simple title to said Real Property is vested in:
HUNZIKER LAND DEVELOPMENT COMPANY,L.L.C.
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.
There are mortgages, liens,or other encumbrances on said Real Property being platted as follows: (1)
The real estate was mortgaged by Hunziker Land Development Company, L.L.C.,to First American
Bank to secure an original indebtedness of$7,390,815.66. The mortgage is dated June 25,2009, and
was filed in the office of the Recorder of Story County, Iowa, on July 22, 2009, and recorded as In-
strument N°09-09135; and (2) The real estate is subject to a Development Agreement executed by
the City of Ames,Iowa,and Hunziker Land Development Company,L.L.C.,dated June 14,2005,and
filed October 10, 2005, as Instrument N° 05-12720, and amended by a Supplemental Agreement
dated April 27,2010,and filed May 4,2010,as Instrument N°10-03916.
Dated this 97-ty of August,2010.
NYEMASTER,GOODE,WEST,HANSELL&O'BRIEN,P.C.
ee'tBy: c .
David W.Benson,Attorney
Iowa Title Guaranty
Division Member No. 1545