HomeMy WebLinkAboutA004 - Attorney's Opinion by Brian Torresi 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 an attorney at the Davis Brown Law Firm with offices at 2605
Northridge Parkway, Suite 101,Ames, Story County,Iowa. I further state that I have examined the
Abstract(s) of Title, in two (2)part(s), to the following-described real estate, to-wit:
Parcel "C" a part of the Southeast Quarter(SE'/4)of the Southeast Quarter(SE'/4)of
Section Sixteen (16), Township Eighty-three (83) North, Range Twenty-four (24)
West of the 5th P.M., Story County, Iowa, as shown on the "Plat of Survey" filed in
the office of the Recorder of Story County,Iowa,on October 12, 1998,as Instrument
No. 98-14136, Slide 4, Page 1, AND Parcel "B" a part of the Northeast Quarter
(NE'/4) of the Northeast Quarter (NE'/4) of Section Twenty-one (21), Township
Eighty-three(83)North,Range Twenty-four(24)West of the 5th P.M.,Story County,
Iowa, as shown on the 'Plat of Survey" filed in the office of the Recorder of Story
County, Iowa, on July 15, 1996, as Instrument No. 96-07239, Book 14, Page 19,
EXCEPT Parcel"G"a part of the Northeast Quarter(NE'/4)of the Northeast Quarter
(NE'/4) of Section Twenty-one (21), Township Eighty-three (83) North, Range
Twenty-four(24)West of the 5th P.M.,Story County,Iowa,as shown on the"Plat of
Survey" filed in the office of the Recorder of Story County, Iowa, on October 12,
1998, as Instrument No. 98-14136, Slide 4, Page 1,
("Tract-I")
AND Parcel "M"a part of the Northeast Quarter(NE'/4)of Section Twenty-one(21),
Township Eighty-three (83) North, Range Twenty-four (24) West of the 5" P.M.,
Story County, Iowa, as shown on the 'Plat of Survey" filed in the office of the
Recorder of Story County,Iowa, on February 7,2006, as Instrument No. 06-01650,
Slide 271,Page 3,AND Parcel"G"a part of the Northeast Quarter(NE'/4)of Section
Twenty-one(21),Township Eighty-three(83)North,Range Twenty-four(24)West
of the 5th P.M., Story County, Iowa, as shown on the "Plat of Survey" filed in the
office of the Recorder of Story County,Iowa,on February 7,2006,as Instrument No.
06-01651,Book 271,Page 4,AND Parcel"N"apart of the Northeast Quarter(NE'/4)
of Section Twenty-one(21),Township Eighty-three(83)North,Range Twenty-four
(24)West of the 5th P.M.,Story County,Iowa,as shown on the"Plat of Survey"filed
in the office of the Recorder of Story County, Iowa, on February 7, 2006, as
Instrument No. 06-01652, Slide 271, Page 5
("Tract-2")(Tract-I and Tract-2 are hereinafter collectively referred to as the"Real Estate")from the
root of the title thereof,down to and including the 4th day of August,2016,last certified by Abstract
I P (
and 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 VILLAGE PARK SUBDIVISION,
AMES, STORY COUNTY, IOWA.
Based upon information within said Abstract of Title,it is my opinion that the fee simple title
to the Real Estate is vested in Hunziker Development Company, LLC. 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. That certain Open-End Real Estate Mortgage in favor of VisionBank of Iowa in the
original principal amount of$3,070,000.00, dated April 15, 2016, and filed in the
office of the Recorder of Story County, Iowa, on April 19, 2016, as Instrument No.
2016-00003180, which encumbers Tract-1.
Dated this 15th day of August, 2016.
DAVIS BROWN LAW FIRM
By:
Brian D. Torresi, Attorney
Iowa Title Guaranty Member No. 10046
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