Statutory Power of Attorney

Title Opinion

, 20

RE:
Tract , Lot
Section , T S
R E

Gentlemen:

Pursuant to your request, I certify that based on personal examination of the public records of Parish, Louisiana, affecting the title to the property hereinafter described, and subject to the remarks hereinafter noted, as of this date, the marketable title to the property is vested in:

and , husband and wife, both residents of Parish, Louisiana;

I. DESCRIPTION AND ACQUISITION OF PROPERTY:

That certain tract or parcel of land, with all buildings and improvements situated thereon, located in Section , Township South, Range East, Parish, Louisiana, containing acres, more or less, measuring feet front, more or less, on , by a depth on the North side of feet, more or less, the South side measuring feet, more or less, and the East side measuring feet, more or less, and bounded on the North by Tract of Plat of Survey hereinafter mentioned, South by Lot of said Plat, East by , and West by ; and being depicted and delineated as "Tract " on Plat of Survey marked Exhibit "B" attached to Act of Partition hereinafter referred to.

Being a portion of the same property acquired by , husband of , by Judgment of Possession in the matter entitled "Succession of , wife of ," Docket Number of the Judicial District Court, Parish of , recorded in Conveyance Book , at Folio , under Entry No. , on the day of , of the records of Parish, and by an Act of Partition between and , dated the day of , and filed of record on the day of , in Conveyance Book , at Folio , under Entry No. of the records of Parish.

II. CONVEYANCE RECORDS:

NOTE: (1) In researching the public records of Parish, it must be noted that there were no succession proceedings, nor were there any Judgments of Possession recorded by the heirs of or his wife, , although 's property was partitioned in by his purported heirs. It should also be noted that in , an Affidavit of Death, Heirship and Domicile was filed of record in Parish, on Conveyance Book , at Folio , under Entry No. of the records of Parish, signed by and , purporting to list all heirs of and , which list corresponds to participants of the partition in . (A copy of said Affidavit is attached hereto and made a part hereof.)

NOTE: (2) It should be noted that in the Judgment of Possession of the Succession of , wife of , it is not clear if was granted the usufruct over the separate property of . As the Succession was filed in Parish, I do not have access to the succession proceedings to fully satisfy this writer whether was granted the usufruct or not.

It should also be noted that the Louisiana Civil Code Article 890 provides that a usufruct over the separate property of the decedent may be granted by testament. I would respectfully suggest that if died intestate, that would not have been granted a usufruct over her separate property, but this can only be determined by an examination of the probate records in Parish.

(1) That certain easement by and between and , dated the day of , and filed of record on the day of , in Conveyance Book , at Folio , under Entry No. of the records of Parish.

REQUIREMENT: Comply with easement.

(2) That certain right-of-way deed by and between and the State of Louisiana, Department of Highways, pertaining to State Project No. , State Route No. , dated the day of , and filed of record on the day of , in Conveyance Book , at Folio , under Entry No. of the records of Parish.

REQUIREMENT: Comply with right of way.

(3) That certain servitude by and between and the United States, pertaining to the Protection Levee, dated the day of , and filed of record on the day of , in Conveyance Book , at Folio , under Entry No. of the records of Parish.

REQUIREMENT: Comply with servitude.

(4) That certain easement or servitude pertaining to the location, construction, maintenance and operation of the Gulf Intracoastal Waterway between and the United States of America, dated the day of , and filed of record on the day of , in Conveyance Book , at Folio , under Entry No. , of the records of Parish.

REQUIREMENT: Comply with easement.

(5) That certain Right of Way Deed by and between and the Department of Highways of the State of Louisiana, pertaining to State Route La. , Parish, dated the day of , and filed of record on the day of , in Conveyance Book , at Folio , under Entry No. of the records of Parish.

REQUIREMENT: Comply with right of way deed.

(6) That certain Right of Way Permit by and between and , dated the day of , and filed of record on the day of , in Conveyance Book , at Folio , under Entry no. of the records of Parish.

(7) That certain Cash Sale by and between and and , dated the day of , and filed of record on the day of , in Conveyance Book , at Folio , under Entry No. , of the records of Parish, Louisiana.

NOTE: The consideration for this cash sale was the price and sum of DOLLARS ($). It should be noted that the vendor may have a cause of action against the vendee for lesion beyond moiety, pursuant to LSA-C.C. Art. 2589. In addition, the Cash Sale previously mentioned does not contain any warranty whatsoever.

REQUIREMENT: Comply with right of way permit.

III. MORTGAGES:

None.

IV. SUITS:

None.

V. MISCELLANEOUS RECORDS:

None.

VI. STATE, PARISH AND LOCAL TAXES DUE:

The aforesaid property was assessed in the amount of $ , in the names of and for the year , under Assessment Number , and the taxes in the amount of $ were paid on .

VII. SEGREGATION:

Plats of Survey on record in the Office of the Clerk of Court, Parish, Louisiana, reflect the subject property to be situated in Section , Township South, Range East, as follows:

(1) Lots
acres
Purchaser -
Date of Sale -
No. of Receipt & Cert. of Purchase -

(2) Lots and of
acres
Purchaser -
Date of Sale -
No. of Receipt -

acres
Sel. by State Mch 2/49
Rej. conflicts with previous sale.

(3) acres
Sel. State Mch. 2/49 - Rej. conflicts previous sale.

This opinion covers only properly indexed materials as reflected by the vendor, mortgagor, suit-defendant, miscellaneous-grantor, and probate indices of the records of the St. Martin Parish Clerk of Court. It does not cover possession exercised on the property, unrecorded servitudes, easements or encumbrances, overlaps or overhangs, questions of boundary or quantity of land or similar matters as could be determined only by an accurate survey and inspection of the property described above; or the effect of zoning or other land use laws or regulations bearing on the property described above, including but not limited to any and all environmental protection lien or liens, notices or violations recorded or unrecorded, any and all environmental rules, regulations, laws, or mandates of any federal, state or local government, governmental agency, committee, commission or body of any kind, nor does this opinion cover the use or uses, past or present, of the subject property by any person or persons, natural or otherwise which may be or may have been in contravention or violation of any environmental rules, regulations, laws or mandates of any federal, state or local government, governmental agency, committee, commission or body of any kind. This opinion does not cover the past, present or future environmental soundness or quality of the subject property.

This certificate was rendered following an examination of said records of Parish, Louisiana, for a period of 52 years prior to the date of this letter. This opinion is effective through , at o’clock .M.

Respectfully yours,

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