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STIPULATION AGAINST LIENS
2000
THIS AGREEMENT made this 27th day of October , UJOO<, by and
between R.S. MOWERY & SONS, INC., a Pennsylvania Corporation,
hereinafter referred to as Contractor,
AND
BSLVEDERE ASSOCIATES, hereinafter referred to as Owners, whereby
the contractor undertook and agreed to erected and construct a
dwelling on the certain lot of ground situate in Cumberland County,
Commonwealth of Pennsylvania, and more fully described in Exhibit
"A" which is attached hereto and made a part hereof known as 850
Walnut Bottom Road, Carlisle, Cumberland County, PA.
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NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said
Contractcr. for an in consideration of the sum of ($1.00) Dollar to
Contractor in hand paid by Owner, the receipt whereof is hereby
aeknowled<:!,,~d, and the further consideration mentioned in the
agreewcent aforesaid, for itself, himself or themselves and its, his
or their 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 them 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 them 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 itself, himself or
themselves, its, his or their subcontractors and others under them,
hereby expressly waive and relinquish the right to have, file, and
maintain any mechanic's liens or claims against the said buildings
or any of them, and agree that this instrument, waiving the right
ot lien, shall be an independent covenant.'
WITNESS our hands and seals the day and year first above
written.
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COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF Cum b. : S5
On this. the J,1fh day of 0<:'.- +o6ef ,2000, before me a Notary
Public, the undersigned officer, personally appeared Bruce G, Rosendale, who
acknowledged himself to be the Executive Vice President of R.S. Mowery & Sons,
Inc. and that he as such Executive Vice President being authorized to do so,
executed the foregoing instrument for the purposes therein contained by signing
'the ncme af 'rh!~ said Corporation by f1lmself as such Executive Vice President.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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i NOTARiAL SEAl.
1 TRACEY A. arT. NOTMVPUIIi.!C
, CARl.lSU! 1lORO. ~!8ellNlDCXlUNIY
, MY 00!"1'SS1ON EXPIRES lWQ1it lIlICI:S
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Exhibit "A"
ALL THOSE CERTAIN tracts or parcels of land and premises,
situate, lying and being in the Borough of Carlisle, in the
County of Cumberland and Commonwealth of Pennsylvania, more
particularly described as follows:
TRACT NO.1: BEGINNING at a point on the South side of the
Walnut Bottom Road, which point is in the Western line of
property heretofore conveyed by Roy H. Wenger, Widower, to REG,
Inc. by Deed dated September 28, 1964, and recorded in Deed Book
"J", Volume 21, Page 490; thence Westwardly along the Walnut
Bottom Road by a curve having a radius of 11,520.44 feet, a
distance of 259.71 feet to a point; thence continuing along the
South side of the Walnut Bottom Road, South 57 degrees 15 minutes
30 seconds West 125.67 feet to the curve at the intersection of
the Walnut Bottom Road and the exit ramp of Interstate Route 81;
thence by said curve to the left having a radius of 17 feet, a
distance of 39.76 feet; thence along said exit ramp, South 76
degrees 44 minutes 30 seconds East a distance of 527.74 feet to
the line of property of Harold G. Kretzing and H. Robert Gasull,
Jr.; thence by said property and property of Carlisle pediatric
Center and said REG, Inc., North 28 degrees 26 minutes West
412.53 feet to the place of BEGINNING.
The property hereby conveyed contains 2.01 acres and is Area No.
6 as shown on the Plan of Forest Park, Section 1, recorded in
Plan Book 15, Page 46.
TRACT NO.2: BEGINNING at a point on the southwestern side of
Belvedere Street, which point is in the line of property formerly
of Roy H. Wenger and Ruth E. Wenger, conveyed to Carlisle
pediatric Center; thence along the West and South side of
Belvedere Street by a curve to the left a distance of 103.95 feet
measured by a curve having a chord bearing of South 65 degrees 43
minutes East; thence South 20 degrees 02 minutes 40 seconds West
251.30 feet to a point; thence by a curve to the right a distance
of 130.30 feet measured along a curve having a chord bearing of
North 80 degrees 06 minutes 57.5 seconds West to a point; thence
North 28 degrees 26 minutes West 23.06 feet to a point at the lot
about to be conveyed to Carlisle pediatric Center; thence along
said lot North 29 degrees 01 minutes East 269.97 feet to the
place of BEGINNING.
The Lot hereby conveyed contains 0.746 acres and is Parcel 5C as
shown on a Plan attached to and recorded with the Deed of Roy H.
Wenger and Ruth E. Wenger to REG, Inc., bearing the date of
September 28, 1964.
TRACT NO.3: BEGINNING at a point on the West side of Belvedere
Street, which point is at the Eastern line of the property now or
formerly of Harold G. Kretzing and H. Robert Gasull, Jr.; thence
Eastwardly along Belvedere Street a distance of 69.82 feet by a
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curve to the left having a radius of 340.0 feet to a point;
thence South 86 degrees 14 minutes 30 seconds East 0.18 feet to
an iron pin; thence by other lands now or formerly of Roy H.
Wenger South 20 degrees 02 minutes 40 seconds West 239.63 feet to
an iron pin at other lands now or formerly of Roy H. Wenger;
thence by said lands North 86 degrees 14 minutes 30 seconds West
71.60 feet to a point at line of lands now or formerly of said
Kretzing and Gasul1; thence by said lands, North 20 degrees 02
minutes 40 seconds East 247.07 feet to an iron pin at the place
of BEGINNING.
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TRACT NO.4: BEGINNING at an iron pin, which point is in the
Southeast corner of Tract No. 3 herein; thence by said Lot, North
86 degrees 14 minutes 30 seconds West 71.6 feet to a point;
thence South 20 degrees 02 minutes 40 seconds West 4.23 feet to a
point at the right of way of Interstate 81; thence by said right
of way, South 6 degrees 30 minutes 35 seconds West 15.96 feet to
a point; thence by the same, South 86 degrees 14 minutes 30
seconds East 67.71 feet; thence by lands now or formerly of Roy
H. Wenger, North 20 degrees 02 minutes 40 seconds East 20.84 feet
to an iron pin, the Place of BEGINNING.
BEING the same premises which George P. Branscum, Jr. et al by
Deed dated January 3, 1986, which Deed is recorded in the Office
of the Recorder of Deeds in and for Cumberland county in Deed
Book 32-M, Page 118, granted and conveyed to Belvedere
Associates, a Pennsylvania Partnership, Borrowers herein.
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