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HomeMy WebLinkAbout01-2672 FX , ,< . flipulations Against Liens CHARTER HOMES BUlUJING COMPANY, A PENNSYLVANIA CORPORATION 3ln tl)t ~ourt of ~omU1On !lltaS ~ountp of Owner CUMBERLAND , Pennsylvania VILLAGE HOME BUILDERS, INC, A PENNSYLVANIA CORPORATION 8 C> T€frn 19 ~ ::J:: ;:R H~ ):~ ;~ 'Tj -;7.--", --<: .. 'r-:=;; ze' I "'.,,'\1 ~c~.'.' ~~ g~~; ~. =ir. '-"I'"+-'" j>g t~f-fl z ,:..) ~ =< (n --< WbtttaS, VILLAGE HOME BUILDERS, INC. ('Contractor") of 114 FOXSHIRE DRIVE, LANCASTER, PA 17601 has entered into a contract with CHARTER HOMES BUILDING COMPANY, A PENNSYLVANIA CORPORAT,ON ("Owner") of 114 FOXSHIRE DRIVE, LANCASTER, PA 17601 for the erection or construction of a SINGLE FAMILY DIll(ELLlNG upon the lot of ground known as LOGAN$ RUN, LOT 82, MECHANICSBURG, PA 17025, , EASr PENN~BORO TOWNSHIP, CUMBERLAND, PENNSYLVANIA described in Exhibit "A" hereof, of which CHARTER HOMES BUILDING COMPANY, A PENNSYLVANIA CORPORATION is the title holder of record; and Docket NumberOl- ;;)l. 7.2. 111 i.AJ 1.-.. Page Number Contractor WlJtrta~, it is the intention of Owner and Contractor that neither said lOt of ground nor the improvements ereded 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. ~obl, 1!tbi~ !Sllfttmtut WitntSStt!J: That Contractor, for and in consideration of the contract aforesaid and the considerations mentioned thereunder, as well as the further consideration of One Doller ($1.00) to it in hand paid by the Owner at o(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 heraof, or the curtilage orcurtilages 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, !Sub this agreement, waiving the right of lien by anyone, shall be an independent covenant and shall operate and be effective with respect to work done 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 materials furnished under the contract aforesaid. !Sub, 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 the Commonwealth of Pennsylvania to appear for Contractor in any of t\le 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 materialmen, 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 e 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: V1~'INC"'CON.TRAC;rOR:. BY: _____ OBERT P. BOWMAN, PRESfDI:NT LOGAN'S RUN STIP "'""'~-".~'. ~~ f'l ~..." ~,,~~',.' , .' F,;K'e No. 01-5S78CDN I ALL TIIAT CERTAIN tract ofland situate in East Pennsboro Township, Cumberland County, Pennsylvania, known as Lot No, 82 of Logans Run, Phase ill as described in that certain Final Subdivision Plan, Phase ill Logans Run as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 74, Page 92, as follows to wit: BEGINNING at a point on the southern dedicated right-of-way line ofLogans Run at the dividing line of Lot #83 and Lot #82; thence by line of Lot #83, South twenty-four degrees forty-five minutes eleven seconds East (S 240 45' II" E), one hundred ten and zero hundredths (110.00) feet to a point on line of Lot #17, Logans Run, Phase I; thence by line of Lot #17, LogansRun, Phase I, South twenty-eight degrees twenty-two minutes thirty-eight seconds West (S 280 22' 38" W), one hundred and zero hundredths (100.00) feet to a point at the dividing line of Lot #81 and Lot #82; thence by line of Lot #81, North twenty-four degrees forty-five minutes eleven seconds West (N 240 45' 11" W), one hundred seventy and zero hundredths (170.00) feet to a point on the southern right-of-way line ofLogans Run; thence by the southern right-of-way line ofLogans Run, North sixty-five degrees fourteen minutes forty-nine seconds East (N 65014' 49" E), eighty and zero hundredths (80.00) feet to a point at the dividing line of Lot #83 and Lot #82, the place of BEGINNING, SUBJECT to drainage easement as shown on the above mentioned subdivision plan. 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