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STIPULATION AGAINST LIENS
Thc undcrsigncd contractor furnishing scrviccs, labor or matcrials, known as MARBAIN
ASSOCIATES, L.L,P" a Pcnnsylvania limitcd liability partncrship (the "Contractor") intcnding
to be legally bound, and in consideration ofthc sum of ONE AND NO/100 DOLLAR ($1.00) to
it in hand paid by MAX D, MARBAIN, an adult individual ("Owncr") the rcccipt whcrcofis
hercby acknowledged, for itself and any subcontractors, materialmcn, laborcrs or anyone else
acting through or under it, covcnants and agrees that no mechanics or matcrialmcn's licns or
claims shall be filed or maintained by it, them or any of them, against thc rcal estate dcscribed in
Schedule" A", attached hereto and madc a part hercof, or against any buildings or other
improvements thcreon (jointly and scverally, the "Rcal Estatc"), for or on account of any work to
be done or materials furnished undcr the principal contract between Owncr and Contractor, dated
If I,) V:,(l\(['~~' 1998, or under any supplemental contract, verbal orwrittcn, or contract for
extra work 0 materials relating to and work to bc donc or matcrial furnished under said principal
contract. The undersigned, for itself, its subcontractors, matcrialmen, laborcrs and anyone else
acting or claiming through or under it, hereby waivcs and relinquishes all right to liIe a
mechanics' lien, claim or notice of intention to file any lien or claim against the Real Estate.
The undersigned, for itself, its subcontractors, materialmen, laborcrs and anyonc else
acting under or through it, hereby irrevocably authorizes and empowcrs any attorney of any court
of competent jurisdiction of the Commonwealth of Pennsylvania, or elsewhere, to appear as
attorney for it, them or any ofthem, in any such court and, in its or their name or names, mark
satisfied of record at the cost and expense of the undersigned, any and all claims, liens, any
plcading or instrument, or any amendment to any pleading or instrument previously filed by it or
them, to incorporate therein as part of the record this waiver and for such act or acts this waiver
shall be good and sufficient warrant and authority, and the undersigned for itsclf, and for them,
does hereby remise, release and quit-claim all rights and all manner of errors, in filing such
pleading, instrument or amendment, or in any way concerning them.
Owner shall have the absolutc right in its name or in the name of the undersigned or any
other entity or person who shall have filed a claim or lien, to cause any and all such claims or
liens to be discharged by any other instrument, pleading or proceeding permitted at law or in
equity,
The undersigned hereby avers, represents and warrants that no work has commenced on
the Real Estate and no labor or materials have been delivered to the Real Estate or furnished for
the improvement of the Real Estate by the undersigned or by any subcontractor, materialman,
laborer, or other person or entity, and that no authorization has yet been given by the Owner to
the undersigned to commencc work or purchase materials in connection with the Real Estate.
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SCHEDULE A
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ALL THOSE CERTAIN lots or parccls of ground situatc in East Pcnnsboro
Township, Cumbcrland County, Commonwcalth ofPcnnsylvania, being idcntificd
as LOT NOS, RIO, Rll, RI2, RI3 and R14, more particularly bounded and
described in accordancc with Final Subdivision Plan of Floribunda Hcights Phase
III, Scction B rccorded in Cumberland County Plan Book 76, Page 16.
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