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HomeMy WebLinkAbout97-00307 C/7. 367 rn L-D STII)lJLATION AGAINST MECIIANICS LIENS THIS AGREEMENT made the 2nd day of January, 1997, by and between JAMES FRY, trading and doing business as BRANDT'S FARM SUPPLY, hereinafter referred to as CONTRACTOR, and FRANCIS R. MAINS and DANIEL R. MAINS, hereinafter referred to as OWNERS whereby the former undertook and agreed to erect and construct improvements to a dwelling house on the certain lot of ground situate in West Pennsboro Township, Cumberland County, Pennsylvania, more fully bounded and described on the attached Exhibit "A". NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said CONTRACTOR, for and in consideration of the sum of ONE ($1.00) Dollar to him in hand paid by OWNER, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for himself and his subcontractors, and all parties acting through or under them, covenant and agree that no mechanic's liens or claims shall be filed or maintained by him or any of them against the said buildings and the lot of ground appurtenant thereto for or on account of any work done or materials furnished by him or any of them under said contract or otherwise, for, towards, in, or about the erection and construction of the said buildings on the lot above described, and the said CONTRACTOR, for himself, his subcontractors and others under him hereby expressly waive and relinquish the right to have, file, and maintain any mechanic's liens or claims against the said real estate and/or buildings or any of them, and agree that this instrument, waiving the right of lien, shall be an independent covenant. WITNESS our hands and seals this .:?#.:J.. IQ'l1 ~, intending to be legally bound hereby. J'i4/IJIAII/IA1 day of DeC!cl,lbo!!r, CONTRACTOR BRANDT'S FARM SUPPLY ~.~ By: ~ ~ .{)~ J ES FRY, Owner /'}1/ /1- 'i/d ~ /!.~~ ~~~~ FRANCIS R. MAINS ~Jf: IJI~ DANIEL R. MAINS ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF t"'AlCAS Te7'- : SS 1~9'" On this ,;JP1t day of ..::rAN II 11"'1 / ~, before me, a Notary Public, the undersigned officer, personally appeared JAMES FRY / who acknowledged himself to be the Owner of BRANDT' S FARM SUPPLY and that he as such Owner/being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the business by hinlself as Owner. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~.~ --, ~~~~ Public NcCstIi 8IlllI ~Y'E""r PliIlIc EtwMII..-, ~au. MyCl....,' '", __11,1. ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND . . On this I~ day of , 1997, before me, the undersigned officer/personal appeared FRANCIS R. MAINS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~V/l,~/J Notary Public ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS t ~ j On this ,) day of (~l-L,' ~, , 19~, before me, the undersigned officer, personally appeared DANIEL R. MAINS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 4'1/ /f.~./ 4 Notary Public NOTARIAl SfAl. IIICltMO L MODER. JR..!!!l!~11 1IEWVl1l8ORO. CUMD.....-, IIY COIIIISSlON EXPIRES ANI. TRACT 1: ALL those certain tracts of land situate in West pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the public road leading from Mount Rock to Newville (L.R. 21003) at corner of land now or formerly of Halbert A. Myers; thence by said road, South 88 degrees East 121 perches to a point; thence by the same, North 88 degrees East 64 perches, more or less, to a point; thence by land now or formerly of William Goodhart North 4 degrees 15 minutes West 18 perches to a black oak; thence by the same, North 43 degrees East 28.8 perches to a stone heap; thence by the same, North 39 degrees West 82.5 perches to a black oak stump; thence by Tract No. B herein described, South 54 degrees 15 minutes West 56.4 perches to a post; thence by the same, North 45 degrees 30 minutes West 53.7 perches to a post; thence by land now or formerly of Halbert A. Myers, South 39 degrees 15 minutes West 74 perches to a stone; thence by the same, South 10 degrees 30 minutes West 42 perches to a stone; thence by the same, South 57 degrees West 13 perches to the place of BEGINNING. CONTAINING 91 acres 8 perches and being improved with a barn, dwelling house and outbuilding. LESS, HOWEVER, 1 acre, more or less, situate at the southwestern corner of said tract No. A, as conveyed to Bobby H. Seitz and Margaret L. Seitz, his wife, by deed dated August 26, 1958 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book "P", Volume 18, Page 597. LESS, ALSO, 2.106 acres situate at the southwestern corner of said Tract A, conveyed to Joel Seitz, et ux, by deed dated July 6, 1977 and recorded in the Office of aforesaid in Deed Book "G", Volume 27, Page 991. TRACT 2: BEGINNING at a white oak; a corner of land now or formerly of Halbert A. Myers and Mary Kitzmiller; thence by the latter, South 51 degrees 45 minutes East 80 perches to a point; thence by land now or formerly of William Goodhart and Tract 2A herein described, South 56 degrees 30 minutes West 92 perches to a point; thence continuing by Tract 2A herein described, North 46 degrees West 54 perches to a post in a road; thence along said road and land now or formerly of Halbert A. Myers, North 39 degrees 45 minutes East 82 perches to the place of BEGINNING. CONTAINING 35 acres 117 perches. Exhibit A-1 i I n .~~ n f: '.J ... , ~ ~ "'r.: - -, . :;:n c.-: .- ~ .- - r- ;'/1. ,nJ ~ C/ ~, '-, -'0 .. ) . r'-:.' JO -'; '33 ~ :f:; : -., Q ~ ?O -S ~ \. . - ~l "."fn -', '-.) , ~ '-'1 =::1 V\ ~ .~ -, c.., - VI ~ ~