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Home My WebLink About00-07353 ,,, ,~ .._.._~ ~.,. '.~ (. .. Stipulations Against Liens HARl RAM, INC. In the Court of Common Pleas County of Owner Cumberland, Pennsylvania Docket Number 6tJ. 7.3.53 M /... (] "-.L<-.. R. S. MOWERY & SONS, INC. Contrador Whereas, R. S. MOWERY & SONS, INC. ("Contractor") of Carlisle, Cumberland County, Pennsylvania has entered into a contract with HARI RAM, INC. ("Owner") of Hummelstown, Dauphin County, Pennsylvania, for the erection or construction of a HOTEL upon the lot of ground known as Lot 38 as shown on the Final Subdivision Plan for Lots 2, 3 and 4 for Bent Creek, Mechanicsburg, Cumberland County, Pennsylvania, as more particularly described in Exhibit "A" hereof, of which HARI RAM, INC. is the title holder of record; and Whereas, it is the intention of Owner and Contractor that neither said lot of ground nor the improvements erected or to be erected thereon shall be subject to a lien for debts due Owner to Contractor or by Contractor to any subcontractor for labor or materials furnished in the said erection or construction, and that the right of anyone to claim any such lien be waived hereby. Now, this .ilfh. day of October, 2000, This Agreement Witnesseth: That Contractor, for and in consideration of the contract aforesaid and the considerations mentioned thereunder, as well as the further consideration of One Dollar ($1.00) to it in hand paid by the Owner at or before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, and intending to be legally bound hereby, does hereby covenant, promise and agree, for Contractor and any and all subcontractors, materialmen, laborers and parties acting for, through or under Contractor, that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the building, improvements, lot of ground or any part hereof, or the curtilage or curtilages appurtenant thereto by anyone, and that all subcontractors, materialmen and laborers shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done. And this agreement, waiving the right of lien by anyone, shall be an independent covenant and shall operate and be effective with respect to work dona and materials furnished under any supplemental contract for extra work in the erection, construction and completion of the building as well as to any work and labor done and materiais furnished under the contract aforesaid. And, in order to give the Owner full power and authority to protect Owner and the building, improvements and lot of ground, against any and all claims filed by Contractor or anyone acting under or through Contractor in violation of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of tne Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common Pleas as attorney for Contractor and in Contractor's name, mark satisfied of record at the cost and expense of the Contractor, or of any subcontractor or materialman, any and all claims or claim, liens or lien, filed by or for the Contractor, or any subcontractor or materialman, or in the name of anyone or more of them against the building, improvements, lot of ground or any part thereof, and, for such act or acts, this shall be good and sufficient warrant and authority, and a reference to the Court, Term and Number in which this instrument shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor does hereby remise, release, and quit claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction of in anywise touching or concerning the same. Witness our hand and seal the day and year aforesaid. Signed and sealed in the presence of: WITNESS R. S. MOWERY & SONS, INC. By ~~&;"'/ HARI RAM, INC. ~~ ~TN~ i1W I n.O.J/ By: Ie ""t' J.J..~ 1!5:::::. IL5d;:.;{L .r~)S:,!60.{lCO';';:) . , J" ~~...='" ""iW., . ... EXHIBIT "A" ALL that certain tract ofland situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at an iron pin on the western dedicated right of way line of Bent Creek Boulevard at the dividing line between Lots 3A and 3B as shown on the hereinafter mentioned Subdivision Plan; thence along said dividing line South 76 degrees 10 minutes 52 seconds West 448.35 feet to an iron pin; thence along the eastern right of way line ofPA Route 114 (Willow Mill Road) North 19 degrees 17 minutes 30 seconds West 164.56 feet to a concrete monument; thence along the Conodoguinet Creek North 23 degrees 45 minutes 42 seconds East 154.76 feet to an iron pin; thence along the dividing line between Lots 3B and 4 on said plan North 88 degrees 04 minutes 49 seconds East 176.82 feet to an iron pin; thence along same North 76 degrees 10 minutes 52 seconds East 196.64 feet to a point at the western dedicated right of way line of Bent Creek Boulevard; thence along said dedicated right of way of Bent Creek Boulevard South 13 degrees 49 minutes 08 seconds East 250 feet to an iron pin, the place of BEGINNING. CONTAINING 2.652 acres. BEING further described as Lot 3B on the Final Subdivision Plan for Lots, 2, 3 and 4 for Bent Creek, prepared by Gregory 1. Condon, P.L.S., dated December 20, 1999 and with final revised date of February 3, 2000 and recorded in Cumberland County Plan Book Page BEING part of a certain larger tract of land which Albert 1. Allen, Jr., et al by deed dated May 28, 1999 and recorded June 25, 1999 in Cumberland County Deed Book 202, Page 438 granted and conveyed unto RSM Associates, L.P. """ ' .~, '~ilI!Ji!~~lli.l~;;J~~~~"';&'Milii~Mti'ill~i'i.f'^ ',,; f~ o c ~ "'CP- ~(~; 5~)--'- -- --' r:c'- ~' ",,> '--'" zt..J 58 % =< ." . "'-', D o c'.) ",1 .~, \,-) -~~ \..0 -,J----. '- -.?' ~Jt~ ~~1 C) .~~)jTi :.'<-:--1 :::0 -<: -roo,- -.""," :'" c..)