HomeMy WebLinkAboutA003 - Attorney's Opinion dated October 23, 2014 ATTORNEY'S OPINION
I, Craig R. Hastings, hereby state that I am an Attorney at Law, duly
admitted to the practice of law in the State of Iowa, and a member of the firm of
Hastings Gartin & Boettger, LLP, with offices at 409 Duff, Ames, Iowa 50010. 1
further state that I have examined the Abstract of Title to the following described
real estate, located in Story County, Iowa:
The Real Estate described on the attached Exhibit A
from the date of the root of title thereof, down to and including October 9, 2014,
at 8:00 A.M., which abstract was last certified by Abstract & Title Services of
Story County. The real estate has been subdivided and is now to be known as
Westwood Village Plat 2, Ames, Iowa.
Based upon information within the Abstract of Title, it is my opinion that
the fee simple title to said real estate is in WESTWOOD CO-OP, INC., and that
said real estate is free from all encumbrances excepting, however, the following:
a. Mortgage to Phillip O'Berry & Terri O'Berry dated June 11, 2007, and
recorded on June 13, 2007 as Inst. No. 07-06281, of the county records
and assigned to Theresa A. O'Berry and Phillip A. O'Berry as Trustees
under the Theresa A. O'Berry Living Trust Dated January 30, 2007 by
Assignment recorded on July 13, 2007 as Inst. No. 07-07873;
b. Mortgage to First American Bank dated December 19, 2013, and recorded
on December 23, 2013 as Inst. No. 13-14724, of the county records;
C. Assignment of Leases to First American Bank December 19, 2013, and
recorded on December 23, 2013 as Inst. No. 13-14725, of the county
records; and
d. Financing Statement to First American Bank recorded December 27, 2013
as Inst. No. 13-14804 of the county records.
e. Mortgage to First American Bank recorded June 12, 2014 as Inst. No. 14-
04535 of the county records.
It is my opinion that the real estate is further subject to easements and
restrictions of record and the Zoning and Land Use Ordinances of Ames, Iowa.
Dated this day of 2014.
Hastings Gartin & Boettger LLP
by
Craig R. Hastings
409 Duff
Ames, IA 50010
(515) 232-2501
Exhibit A
A replat of Lots 2 and 6 in the Replat of Westwood Village, City of Ames, Story
County, Iowa as recorded on September 23, 1994 as Instrument No. 94-10538,
and that part of Lot 1 in said Replat of West Village lying Southwesterly of the
following described line: Beginning at a point on the westerly line of said Lot 1
which is 87.48 feet, as measured along the arc of said line, from the NW Corner
thereof, thence to a point on the South line of said Lot 1 which is 26.54 feet from
the SW corner thereof, and there terminating.