HomeMy WebLinkAboutA006 - Attorney's Opinion dated February 17, 2011 ATTORNEY'S OPINION
I,Brian D.Torresi,hereby state that I am an Attorney at Law,duly admitted to the practice of
law in the State of Iowa, and a partner of the Newbrough Law Firm, LLP, with offices at 612
Kellogg Ave.,Ames, Story County,Iowa. I further state that I have examined the Abstracts of Title,
in two (2)parts,to the following-described real estate, to-wit:
Parcel "A" in the Plat of Survey filed in the office of the Recorder of Story
County,Iowa,on January 2,2004,and recorded as Instrument No. 04-00066
on Slide 193 at Page 2 (hereinafter referred to as the"CII Lot");
AND
Lot Two(2),Hach Subdivision,Second Addition,Ames,Story County,Iowa
(hereinafter referred to as the "R&C Lot")
(the CII Lot and the R&C Lot is hereinafter collectively referred to as the "Real Estate") from the
root of the title thereof, down to and including the 181h day of January, 2011, last certified by
Abstract & Title Services of Story County, Ames, Iowa (Iowa Title Guaranty Division Member
#8650). The Real Estate has now been subdivided and is now known as HACH SUBDIVISION,
THIRD ADDITION,AMES, STORY COUNTY,IOWA.
Based upon information within said Abstracts of Title, it is my opinion that the fee simple
title to the CII Lot is vested in Central Iowa Investors,L.C. (hereinafter referred to as"CII") and
that the fee simple title to the R&C Lot is vested in R&C Investors,L.L.C. The Real Estate is free
from encumbrances excepting, however, the following:
1. The Real Estate is subject to easements of record and to zoning
ordinances of the City of Ames, Iowa; and
2. The CII Lot is subject to a Mortgage given by CII to Ames Community
Bank dated October 17, 2003, and filed in the office of the Recorder of
Story County, Iowa, on October 23, 2003, as Instrument No. 03-22141.
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3. The CII Lot is subject to a Mortgage given by CII to Ames Community
Bank dated December 10,2004,and filed in the office of the Recorder of
Story County,Iowa,on December 16,2004,as Instrument No.04-16566.
4. The R&C Lot is subject to a Mortgage given by Ronald Claire Stenberg
and Marilyn Kay Stenberg,Trustees of the Ronald Claire Stenberg 2000
Revocable Trust and Marilyn Kay Stenberg and Ronald Claire Stenberg,
Trustees of the Marilyn Kay Stenberg 2000 Revocable Trust to exchange
State Bank, Collins, Iowa dated July 18, 2003, and filed in the office of
the Recorder of Story County,Iowa,on July 21,2003,as Instrument No.
03-14715;as modified by documents: (a)dated April 23,2005,and filed
in the office of the Recorder of Story County, Iowa, on May 3, 2005, as
Instrument No. 05-04772; and (b) dated April 2, 2009, and filed in the
office of the Recorder of Story County, Iowa, on April 9, 2009, as
Instrument No. 09-03683.
Dated this 17th day of February, 2011.
NEWBROUGH LAW FIRM, LLP
By:
Brian D. Torresi,Attorney
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Iowa Title Guaranty
Division Member#10046
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