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HomeMy WebLinkAbout98-01898 No. 98 - I ~;rj MLD 'l'erm S1'IPULATION AGAINST LIENS THIS AGREEMENT made the .2.7 "day of ~(1 (r.~~.___, 1998, by and between ROGER RUSSELL, t/d/b/a ROGER RUSSELL BUILDER, of 349 . Gameland Road, Newville, PA 17241, hereinafter referred to as CONTRACTOR, and SCOTT E. PAYN'l'ER and TERRI S. PAYNTER husband and wife, of 910 Bridgewater Road, Cumberland County, Pennsylvania, 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 sit.uate in Upper Mifflin Township, Cumberland County, pennsyl vania, more fully bounded and described on t.he attached E:xhibit "A". NOW THlilREFORE, THIS AGREEMENT WITNESSETH: That. the said CONTRACTOR, for and in consideration of the sum of ($ 1.00) Dollar to them 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 him, covenants and agrees that no mechanic's liens or claims shall be filed or maintained by him 01' 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 waives and relinquishes the right to have, file, and maintain any mechanic's lienfl 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 .E~ day of . i1~ _, 1998, intending to be legally bound hereby. ~ ~/) //) ~ tl .~ . '/.,-tkJ//-. 1)>;C,-UfY'/' . Roger RUssell, t/d/b/a Roger , Ru",n ,":zn",",o, /:YV/L< ~1 ~~~ ;:~nt~r .nV~.uJi~ !~~yn~ ALL that certain tract of land situate in the Township of Upper Mifl'Un, Cumberland Count.y, pellllsylvanla, being knowlI as l,ot. <; as shown on a Plan for Leroy Chestnut. preparedby~~ricl,. Diffenbaugh, R,P.l,.S" dated November 25, 1996, and recorded in the Office of t.he Recorder of Deeds in and for Cumberland County, Pennsylvania, in Subdivision Pl.an Book 75, Page 32, and being more fully bounded and described as follows: BEGINNING at. II set railroad spike located i.n the center of Township Route '1'-388, also known as Bridgewater Road, at the corner of lands of r,eroy C. Chestnut and Linda K. Chestnut, his wi fe, said spike locat.ed at the northeastern comer of the tract described hereinl thence along said lands of Chestnut South 29 degrees 04 minutes 58 seconds West ooe hundred two and thh'ty-nine hundredths (102.39) feet: to a fHJt it.on pin, thence continuing along lands of Chestnut South 43 degrees 54 minutes 33 seconds East. four hundred seventy-two and twenty hundredths (472.20) feet to a set iron pin, thence continuing along lands of Chestnut South 46 degrees 05 minutes 27 seconds West three hundred fifty (350.00) feet to a set iron pin; thence continuing along lands of Chestnut North 43 degrees 54 minutes 33 seconds West six hundred twenty-three and fifteen hundredths (623.15) feet to a set iron pin; thence conti,nuing along lands of Chestnut North 61 degrees 53 minutes 01 second East three hundred sixty-three and seventy-three hundredths (363.73) feet to a set iron pIn; thence North 29 degrees 04 minutes 58 seconds East forty-seven and fifty-eight hundredths (47.58) feet to a set railroad spike located in the center of Township Route '1'-388, also known as Bridgewater Road, thence through the center of the said roadway by a curve to the left having a radius of 100 feet, a chord bearing North 00 degrees 31 minutes 29 seconds East, arc length of 64.66 feet to a set railroad spike located in the center of said roadway, the place of BEGINNING. CONT~INING a total of area of 4.6897 acres. SUBJECT TO notes and conditions red ted in the Plan referenced above. BEING THE SAME REAL ESTATE WHICH LEROY C. CHESTNUT and I,INDA K. CHESTNUT, husband and wife, by deed dated October 29, 1997 and recorded in the of Hce of the Recorder of Deeds in and for Cumberland County in Deed Book 166, Page 956, granted and conveyed to SCOTT E. PAYNTER and TERRI S. PAYNTER. BEING KNOWN AS TAX PARCEL n 44-06-0039-037 of the records of Cumberland County, pennysl vania. Exhibit "A"