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HomeMy WebLinkAbout03-1713- / 7/.t F:\User Folder~Firm Docs\RealEstateWliscellaneousB092-1 stip.liens.wpd S TIP ULA TION A GAINS T LIENS THIS AGREEMENT made the 14th day of April, 2003, by and between Hoffman's Custom Contracting, Inc., hereinafter referred to as Contractor, and Hugh C. Smith and Sandra J. Smith, hereinafter referred to as Owner, whereby the former undertook and agreed to erect and construct a custom built home on that certain lot of ground situate at Lot #23, Clarendon Subdivision, Dickison Township, Cumberland County, Pennsylvania, more fully described in Exhibit 'A' attached hereto and made a part hereof. NOW THEREFORE, WITNESSETH: That the said Contractor, for and in consideration of the sum of ($1.00) Dollar to Contractor in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for themselves and 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 themselves, 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 of lien, shall be an independent covenant. WITNESS our hands and seals this 14th day of April, 2003. Signed, Sealed and Delivered in the presence of H0/~C. Smith, O,/?n~er ~ - /- /Sandra J. Smith,pw~er' Hoffman's'~us~om - t,,-. Co~ractmg, Contractor State of Pennsylvania County of Cumberland On this, the 14th day of April, 2003, before me, a Notary Public, personally appeared Hugh C. Smith, by and through Sandra J. Smith, his Agent, and Sandra J. Smith, known to me to be the persons whose names are subscribed, and who acknowledge themselves to be the Owners of Lot #23, Clarendon Subdivision, Carlisle, Pennsylvania and that they as such owners, executed the foregoing statement for the purposes therein contained by signing their names. In witness whereof I have hereunto set my hand and notarial seal. Notarial Seal Maw M. Price, Notary Public Carlisle Boro, Cur~lberland County My CormT, ission E.xpires Aug. 18, 2003 lq~)[t ta~ Public 2 State of Pennsylvania County of Cumberland On this, the 14th day of April, 2003, before me the undersigned officer, personally appeared Timothy D. Hoffman, President ofHoffman's Custom Contracting, Inc., a Pennsylvania corporation, Contractor, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained in his capacity as President and with the intent to bind Hoffman's Custom Contracting, Inc. In witness whereof, I hereunto set my hand and official seal. Nothr~Public No. rial Seal MaW M. Price, Notary Public Carlisle Boro, Cu~nberland County My Commission E.xpires Aug. 18, 2003 EXHIBIT "A" LAWYERS TITLE INSURANCE CORPORATION NATIONAL HEADQUARTERS Richmond, Virginia SCHEDULE C ALL THAT CERTAIN lot of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with Subdivision Plan for Clarendon, prepared by Statler-Brehm Associates, Inc., dated June 10, 1998 consisting of 14 pages, a copy of which was recorded in the hereinafter named Recorder's Office on August 19, 1998 in Plan Book 77, Page 56, which Subdivision Plan for Clarendon is incorporated herein by reference, as follows: BEGINNING at a point on the northeastern line of 50 feet wide Bradford Place at the dividing line between Lots Nos. 22 and 23; thence from said point at the place of beginning along said northeastern line of 50 feet wide Bradford Place, South 32 degrees 56 minutes 06 seconds East a distance of 185.00 feet to a point; thence by a curve to the left having a radius of 40 feet an arc distance of 51.18 feet to a point on the northwestern line of 50 feet wide Ashton Street; thence by said northwestern line of 50 feet wide Ashton Street North 57 degrees 03 minutes 52 seconds East a distance of 240.00 feet to a point at the dividing line between Lots Nos 23 and 24; thence along said dividing line between said Lots Nos 23 and 24, North 32 degrees 56 minutes 08 seconds West a distance of 225.00 feet to a point at corner common to Lots Nos. 21 and 22 and 23 and 24; thence along the dividing line between said Lots Nos. 22 and 23, South 57 degrees 03 minutes 52 seconds West a distance of 280.00 feet to a point on the northeastern line of said Bradford Place at the Place of BEGINNING.