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Home My WebLink AboutA013 - Affidavit in RE Real Estate Located in Story County, Iowa Instrusent%2015- M?844 pate%0ct 07►201S 12%09139 1.00 p Rec Fee. 20.E E-Cm Fee% .00 G Aud fee' .00 TransTax' Rec rgnaseaent Fee% 00 Non-standard Page Fee, Iowa Filed stacierL. idse record tCowty Recorder S ace above for recording data Pre ed By:Seth D.Dodge,Att'y at Law,409 Duff Ames IA 50010 515-232-2501 Return Document To: Seth D.Dodge,Att'y at Law,409 Duff,Ames,IA 50010 515-232-2501 AFFIDAVIT IN RE REAL ESTATE LOCATED IN STORY COUNTY,IOWA DESCRIBED AS FOLLOWS: Lots 1 and 2,Baptist Acres Subdivision,Ames, Story County,Iowa State of Iowa, Story County} SS, I, Seth D. Dodge, Attorney at Law, being first duly sworn or affirmed do hereby depose and state of my personal knowledge that: 1. A Title Certificate from Craig Hastings was incorrectly Filed February 28,2014, as Inst No. 2014-00001468 of the county records as the Title Opinion for Baptist Acres Subdivision. 2. I prepared the attached Supplemental Title Opinion concerning the abstract through February of 2014 to correct and supplement the above Title Certificate,and to correct such error in the platting procedure of Baptist Acres Subdivision, Ames, Story County, Iowa. 3. This affidavit is given to clear a title objection. Seth D.Dodge STATE OF IOWA,COUNTY OF STORY) Subscribed and sworn or affirmed before me by Seth D.Dodge on October 6,2015. Sign name here Print name here Notary Public in and for said State and County J" Audrey E Puse Cvmmrssiort Number 768421 iow� My Commission Expires May 22,2018 HASTINGS GARTIN BOETTGER LLP ATTORNEYS AT L A W September 30,2015 Heartland Baptist Church 3504 Grand Avenue Ames,IA 50010 Our Matter: Supplemental Title Opinion for Baptist Acres Subdivision Dear Sir or Madam: I have examined the abstract of title to the following described real estate located in Story County: Lots 1 and 2,Baptist Acres Subdivision,Ames,Story County,Iowa which abstract was initially certified by Batman-Sayers Abstract Co. from Government Entry to January 30, 1967 at 8:00 A.M., subsequently by other abstracters and finally by Abstract&Title Services of Story County to July 13, 2015 at 8:00 A.M.,consisting in all of 113 entries. I submit the following report concerning the abstract through February of 2014 for the purpose of correcting and supplementing the platting procedure, and specifically the Title Certificate of Craig Hastings,which was incorrectly filed as the title opinion for Baptist Acres Subdivision, Ames, Story County, Iowa. I do not examine this abstract with regard to any entries after February 28, 2014 or for any other purpose than to clarify the property interests of record as of that February 2014: A. TITLE To REAL ESTATE. 1. The abstract as certified shows record title, in February 2014, to the real estate in: HEARTLAND BAPTIST CHURCH, an unincorporated nonprofit, subject to the following comments and restrictions. The following is the most recent deed in the chain of title: a. Entry No. 95 reports a deed to the titleholders recorded December 1,2011 as Inst.No. 11-12082 of the county records. Craig R.Hastings I Timothy L.Gartin ( Andrew J.Boe"ger George H.Clark(1895.1974) I George H.Clark,Jr.(1930.2007) 409 Duff Avenue,Ames,Iowa 50010-6395 1 515.232.2501 Fax 515.232.2525 1 www.amesntorneys,wm Title Opinion, 1011115 p.2 B. CONTRACTS, LEASES, MORTGAGES. (WHICH MUST BE CONSUMMATED OR RELEASED,UNLESS YOU ARE TAKING YOUR INTEREST SUBJECT TO THESE ITEMS) 1. Entry No. 100 reports the real estate was encumbered by a mortgage given to Union Bank& Trust on July 18, 2013 and recorded on July 24, 2013 as Inst. No. 13- 08872 of the county records. C. OTHER LIENS AND OTHER ENCUMBRANCES. (WHICH MUST BE RELEASED, UNLESS YOU ARE TAKING YOUR INTEREST SUBJECT TO THESE ITEMS) 1. Not applicable. D. TAXES, SPECIAL ASSESSMENTS. (WHICH MUST BE PAID UNLESS YOU ARE TAKING YOUR INTEREST SUBJECT TO THESE ITEMS) 1. Not applicable. E. LEGAL DESCRIPTION AND EASEMENTS. (PRIMARILY FOR YOUR INFORMATION, UNLESS THEY CONTAIN MATTERS WHICH ARE NOT CONSISTENT WITH YOUR UNDERSTANDING OF THE TRANSACTION) 1. Entry No. 104 (the platting procedure) shows the dimensions of the real estate. F. ZONING, COVENANTS AND OTHER RESTRICTIONS. (PRIMARILY FOR YOUR INFORMATION,UNLESS THEY CONTAIN MATTERS WHICH ARE NOT CONSISTENT WITH YOUR UNDERSTANDING OF THE TRANSACTION) 1. Not applicable. G. CAUTIONS. You are strongly advised to review the cautions shown on the attached sheet and make the inquiries noted. Very truly yours, Hastings,Gartin&Boettger,LLP by Seth D. Dodge Iowa Title Guaranty No. 10507 Craig R.Hndngs j Tunothy L.Gardn I Andrew J.Boettger George H.Clark(1895.1974) I George H.Clark,Jr.(193(.2007) 409 Duff Avenue,Ames,Iowa 50010-6395 1 515.232.2501 Fax 515.232.2525 www.amesattomeys.com Title Opinion,10/1/15 p.3 CAUTIONS. An abstract of title is a multi-page document typically prepared by a commercial abstracting firm. It consists of numbered entries containing information abstracted from the public records on file in the county courthouse that affect the title to the real estate described in the abstract of title.However,these public records do not necessarily disclose all rights in,claims against or restrictions upon the real estate.Therefore,you should make a careful inspection of the real estate and make diligent inquiry to satisfy yourself as to the following additional matters: 1. The rights of any person in actual possession of the real estate such as a tenant in possession under a lease agreement. 2.The rights,under the Iowa mechanic's lien law,of persons who have furnished labor or materials in the past 90 days for improvements to the real estate. 3.The rights of creditors under the Iowa Uniform Commercial Code to a security interest in improvements to the real estate in the form of fixtures,such as a furnace or water heater,which have been installed so recently as to allow the creditor to file notice of such rights after the period of time covered by the abstract. 4.Unpaid charges for public utility services furnished to the real estate which may become a claim against the real estate. S.The existence of any security interest in growing farm crops disclosed by financing statements filed in the office of the Iowa Secretary of State. 6. The existence of any easement over the real estate which is apparent from physical evidence of its use or by examination of any plat map,or the actual location of the boundary lines of the real estate. 7.Any encroachment upon the real estate from adjacent real estate by way of third party use or by building overlapping the boundary lines and any other facts that may be disclosed by a survey. 8.Availability of reasonable and convenient access to the real estate from an existing public right of way. 9.Any law,ordinance or governmental regulation(including but not limited to zoning,subdivision and rental housing ordinances,which an state or local laws, or Federal laws such as the Americans with Disabilities Act or the laws restricting discrimination in housing)restricting,regulating or prohibiting the occupancy,use or enjoyment of the real estate,or regulating the character,dimensions or location of any improvement now or hereafter erected on the real estate,or prohibiting a separation in ownership or a reduction in the dimensions or area of the real estate.For such information,you should consult the local building and zoning officials having jurisdiction or the Federal agencies having jurisdiction. 10.The legal competency(as affected by age or mental disability)of each individual titleholder executing a deed, mortgage or other instrument affecting the real estate;the authority of each person executing a deed,mortgage or other instrument affecting the real estate in a representative or fiduciary capacity; and the authenticity of all signatures appearing on such instruments. 11.Any other matter affecting the real estate which may have been filed as a part of the public records in the county courthouse after the period of time covered by this Title Opinion. 12.To the extent the premises in the caption may include real estate caused by action of any riparian waters,no opinion is expressed as to the marketability of title including accretions to such real estate. 13,Them are matters which can only be satisfactorily determined by a survey.The plat or survey shown in the abstract, if one is shown,normally does not show the location of improvements with respect to the boundary lines.Buyers are encouraged to have a"mortgage inspection report"or,if necessary,a site survey(sometimes referred to as an"as built" survey)done to locate any improvements with respect to the boundary lines. This site survey could be recorded to benefit both the buyer and the future buyers of the real estate. A site survey should reveal such problems as encroachments on the property,improvements built too close to or even over the boundary line and substandard lot size.Improvements not meeting zoning requirements may be considered nonconforming uses under applicable zoning and building codes.An owner may be prohibited from or restricted in rebuilding a nonconforming use under applicable zoning or building codes. A nonconforming use may also jeopardize the amount of recovery under the owner's insurance policy.A nonconforming use may also prevent a buyer from obtaining a mortgage on the property.You are also advised to carefully review any plat map of the property for easements or covenants. 14.The abstract does not disclose the existence of hazardous substances,pollutants,contaminants,hazardous wastes, underground storage tanks, drainage wells, active or abandoned water wells, and other environmentally regulated activities.You are cautioned that federal,state and local legislation may,in the event there are environmental or public health violations,permit injunctive relief and require removal and remedial actions or other"clean-up."The cost of such"clean-up"may become a lien against the real estate,and you may have personal liability even though you may not have disposed of any hazardous substances,pollutants,contaminants,or hazardous wastes on the real estate or used any underground storage tanks or wells. 15.This opinion is rendered under current State and Federal Law.We do not certify to any statutes that may be enacted that are given effect retroactively. Craig R.Hastings ( Timothy L.Gartin I Andrew J.Boettger George 14.Clark(1895.1974) I George H.Clark,Jr.(193042W7) 409 Duff Avenue,Ames,Iowa 50010-6395 ! 515.232.2501 Fax 515.232-2525 1 www.amesattorneys.com