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THIS AGREEMENT Made and concluded this
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Application N o.....f..z.rz..__._..._
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.....day of....t/.!..k,r.<<.....................A. D. 19......,....
Form 255
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between.....,...s,t,e:v..e,n.,..G.,......B.ar.b.er.....,an,d....B.ax:b.ar.a,...,L,.....,B,ax:b.er..,.....,hi.s......w,i.f..e...,........
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...,..........................,.. ............................-..'....................., party of the first part (hereinafter ~alled Owner).
AND...........,,_...............McNa-ll-ght-on,....Homa,s..............,..,..........
party of the second part (hereinafter called Contractor).
............................................m................................_.........................;........................,
\VHEREAS. the said parties have by a duly executed Agreement under seal, bearing even date here-
with, entered into a written contract for the erection and completion oL_..m...........................................................................mm...._
to be erected on,
..,.......a.....s.i.ng,l,e.....f.ami.,l-Y"."hom€l,-.
SEE ATTACHED LEGAL
NOW THIS AGREEMENT WITNESSETH: That Contractor for and in consideration of the
awarding to him by Owner of said contract as aforesaid, as well as the further consideration of One ($1.00)
Dollar to him paid at or before the ensealing and delivery of these presents. the receipt whereof is hereby
acknowledged. does hereby covenant. promise and agree that no mechanics' lien or claim or other lien or
claim of any kind whatsoever shall be filed against the said building or buildings or the curtilage or curtilages
appurtenant thereto. by Contractor or by any sub-contractor. materialmen or laborers for work done or
materials furnished under said contract for and about said building or buildings or any part thereof. or on
credit thereof, and that all sub-contractors. materialmen. and laborers on said work shall look to and hold
Contractor personally liable for all sub-contracts. materials furnished and work and labor done. so that
there shall not be any legal or lawful claim of any kind whatever against Owner for any work done or
labor or materials furnished under said contract for and about the erection. constructiort and completion
of said buildings as aforesaid, or under any contracts for extra work. or for work supplemental thereto,
or otherwise
AND. in order to give the Owner full power and authority to protect himself and the lot or lots of
ground against any and all claims filed by the Contractor or anyone acting under or through him or it in
violation of the foregoing covenant. the said Contractor for himself. themselves, itself, hereby irrevocably
authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Penn-
sylvania. to appear for him, them. it. or any of them, in any of the said Courts of Common Pleas as
Attorney for him. them or it and in his. their, its, name. mark satisfied of record at the cost and expense
of the Contractor or of any Sub-Contractor dr Materialman, or Materialmen, any and all claims or claim.
lien or liens, filed by or for the Contractor, or any Sub-Contractor or Materialman, or in his or their name
against said building or buildings, lot or lots of ~ound or any part thereof and for such act or acts this
shall be good and sufficient warrant and authonty, and a reference to the Court, Term and Number in
which .and where this Agreement shall have been filed shall be a sufficient exhibit of the authority herein
contained to warrant such action. and the Contractor for himself, themselves, itself, do hereby remise, release
and quit-claim all rights and all manner of errors. defects and imperfections whatsoever in entering such
satisfaction or in anywise touching or concerning the same.
IN WITNESS WHEREOF the said parties have hereunto set their hands and seals dated the day
and year first above written.
WITNESSES PRESENT:
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-:E .~..__._....~~~~1....~R.~~.:~_~_~_
BARBARA L. BARBER-OWNER
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HTO-N' 11g~~A~TOR
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Commitment No. 9747
SCHEDULE C
ALL THAT CERTAIN piece, parcel or lot of land situate in Hampden Township,
Cumberland County, Pennsylvania, and bounded and described as follows:
BEGINNING at a point on the Western right-of-way line of Huntington Commons
(50.00 feet wide), said point being located at the Southeastern corner of Lot
No. 85; then along said right-of-way line on the arc of a circle curving to the
left, having a radius of 175.00 feet, and an arc length of 74.30 feet, to a
point at the Northeastern corner of Lot No. 83; then along the Northern boundary
line of Lot No. 83 South 84 degrees 28 minutes 33 seconds West, for a distance
of 191.44 feet, to a point in line of lands now or formerly of Donald E. and
Kathleen A. Ott; then along said lands of Ott and partially along lands now or
formerly of Stanley E. and Joann E. Wolfe, North 03 degrees 34 minutes 44
seconds West, for a distance of 163.25 feet, to a point at the Southwestern
corner of Lot No. 85; then along the Southern boundary line of Lot No. 85 South
71 degrees 11 minutes 53 seconds East, for a distance of 221.07 feet, to a point
and the place of BEGINNING.
This piece, parcel or lot of land consists of approximately 23,391.66 square
feet of land, and is known and numbered as Lot No. 84 on the Final Subdivision
Plan for Westbury - Phase IV, which is recorded in Cumberland County in Plan
Book 79, Page 89.
BEING PART OF THE SAME PREMISES which Jean I. Cignetto, widow, of 32 Bali Hai
Road, Mechanicsburg, Cumberland County, Pennsylvania, by Deed dated March 21,
1990, and recorded in Cumberland County in Book L34, Page 954, conveyed to The
McNaughton Company, a Pennsylvania Corporation, grantor herein.
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