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STIPULAIIDN AGAINST LIENS
The undersigned contractor furnishing services, labor 01' materials, knownns MARBAIN
ASSOCIATES, L,L.P., a Pennsylvaninlimited liability partnership (the "Contmctor") intending
to be legnlly bound, and in consideration of the sum of ONE AND NO/IOO DOLLAR ($1.00) to
it in hand paid by MAX D. MARBAIN, an adult individual ("Owncr") the receipt whereof is
hereby acknowledged, for itself and any subcontractors, materialmen, laborers 01' anyone else
acting through or under it, covenants and agrees that no mechanics or matcrialmen's Iicns or
claims shall be filed or maintained by it, them or any of them, against the real estate described in
Exhibit "A", attached hereto and made a part hereot~ or against any buildings or other
improvemcnts thereon Uointly and severally, the "Real Estate"). for 01' on account of any work to
be done or materials furnished under the principal contract between Owner and Contractor, dated
March 23, 1998, or uncleI' any supplemental contract, verbal or written, 01' contract for extra work
or materials relating to and work to be done or matcrial furnished under said principal contract.
The undersigned, lor itself, its subcontractors, materialmen, laborers and anyone else acting or
claiming through 01' under it, hereby waives and relinquishes all right to tile a mechanics' lien,
claim or notice of intention to file any lien or claim against the Real Estate.
The undersigned, for itself, its subcontraetors, materialmen, laborers and anyone else
acting under 01' through it, hereby irrevocably authorizes and empowers any attorney of any eourt
of competent jurisdiction of the Commonwealth of Pennsylvania, 01' elsewhere, to appear as
attorney for it, them 01' any of them, 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
pleading 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 lInd quit-claim all rights and all manner of errors, in Ii ling such
pleading, instrument or amendment, or in any way coneeming them.
Owner shall have the absolute right in its name or in the name of the undersigned or any
other entity 01' person who shall have filed a claim or lien, to cause any and all such elai:ns or
liens to be discharged by any other instrument, pleading or proceeding pelmitted 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 Estnte or furnished for
the improvement of the Real Estate by the undersigned or by any subcontractor, materialman,
laborer, or other person or entity, nnd that no authorizntion hns yet been given by the Owner to
the undersigned to commence work or purchase mnterials in connection with the Real Estate,
EXHIBIT "A"
ALL THAT CERTAIN tract or parcel of ground situate in Silver Spring Township, Cumberland
County, Pennsylvania. being shown on Final Subdivision Plan for Evergreen Subdivision Phase I
prepared by Hartman and Associates, Inc. dated July 22, 1997, as subsequently revised and
recorded in Cumberland County Plan Book 76, Page 69, as more particularly described as
follows, to wit:
BEGINNING at a point on the northem right-of-way line of State Road (S.R. 2012), aaid point
being on the southeast comer of lands now or fonnerly of Janet K. Hess (Deed Book Z, Volume
33, Page 502); thence along said lands of Hess North 08 degrees 00 minutes 00 seconds West a
distance of 189.26 feet to l.\ point; thence along same South 82 degrees 00 minutes 00 seconds
West a distance of 224.37 feet to a point on line oflands now or fonnerly of Michael J.
McClean; thence along lands of McClean and others North 20 degrees 42 minutes 31 seconds
West a distance of 1,414.16 feet to a point at corner oflands now or formerly of Allenview, Inc.;
thence along same and crossing South Madder Drive North 57 degrees 12 minutes 29 seconds
East a distance of98.00 feet to a point on the northern right-of-way line of proposed South
Madder Drive (50 feet wide) at comer of future Phase 3 of Evergreen; thence along future
Phase 3 of Evergreen, the following nineteen (19) courses and distanr.es: (1) South 75 degrees 12
minutes 31 seconds East a distance of 159.16 feet to a point at the western telminus of an arc
connecting the northern side of proposed South Madder Drivc with the western side of proposed
Longwood Drive; (2) along an arc to the left having a radius of25.00 feet, an arc distance of
39.27 feet to a point on the western side of proposed Longwood Drive aforementioned;
(3) crossing proposed Longwood Drive South 75 degrees 12 minutes 31 seconds East a distance
of50.00 feet to a point on the eastern side of proposed Longwood Drive; (4) South 14 degrees 47
minutes 29 seconds West a distance of 133.87 feet; (5) along same by a curve to the left having a
radius of125.00 feet, an arc distance of17.07 feet; (6) North 73 degrees 10 minutes 16 seconds
East a distance of 192.27 feet; (7) North 07 degrees 50 minutes 57 seconds West a distance of
112.87 feet; (8) North 61 degrees 29 minutes 57 seconds West a distance of 125.00 feet; (9)
along lip arc to the right having a radius of 125.00 feet, an arc distance of29.91 feet; (10) South
61pegrees 29 minutes 57 seconds East a distance of 110.00 feet; (II) North 28 degrees 30
mi~utes 03 seconds East a distance of334.07 feet; (12) North II degrees 29 minutes 57 seconds
West a distance of 113.71 feet; (13) North 78 degrees 30 minutes 03 seconds East a distance of
30.00 feet; (14) South II degrees 29 minutes 57 seconds East a distance of 120.00 feet; (15)
South n degrees 03 minutes 32 seconds East a distance of98.69 feet; (16) South 36 degrees 29
minutes n se~onds East a distance of251.74 feet; (17) South 16 degrees 49 minutes 44 seconds
East a distanne of 99.44 feet; (18) North 73 degrees 10 minutes 16 seconds East a distance of
302.52 feet; and (19) North 54 degrees 05 minutes 16 seconds East a distance 01'62.52 feet to a
point on line of lands now or fonnerly of Gary W. Karkuff(Deed Book N, Volume 31, Page
712); thence along lands of Karkuff the following four (4) courses and distances: (I) South 35
degrees 54 minutes 44 seconds East a distance of 354.95 feet; (2) South 73 degrees 10 minutes
16 seconds West a distance of981.34 feet; (3) Soutb 25 degrees 21 minutes 50 seconds East a
distance of 642.96 feet; and (4) South 08 degrees 08 minutes 00 seconds West a distance of
275.78 feet to a point at comer of lands now or fonnerly ofVere S. Lehman (Deed Book S,