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STIPULATION AGAINST LIENS
THIS AGREEMENT made the
by and between
/8
day of
JUNE, 2001,
BEA VER HOMES, INC.
hereinafter referred to as Contractor,
AND
DOUGLAS A. BURKHOLDER AND MARGARET E. BURKHOLDER, his wife
hereinafter referred to as Owner, whereby the former undertook and agreed to construct a
single family dwelling, in Upper Mifflin Township, Cumberland County, Pennsylvania and
more fully described on the attached Exhibit A.
NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for and
in consideration of the sum of ($1.00) Dollar to it 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 the day and year first above written.
Signed, Sealed and Delivered
in the presence of
JIMI~S S6vp&:./6
omes, Inc.
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Ma~ret..z; Burkholder
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ALL THAT CERTAIN tract of land with the improvements thereon
erected situate in Upper Mifflin Township, Cumberland County,
Pennsylvania, bounded and described in accordance with the Final
Subdivison Plan for Lee L. Burkholder, recorded in the
hereinafter named Recorder's Office in plan Book 62, Page 54, as
follows:
BEGINN'ING at a railroad spike set in the centerline of Township
road T-402, Middle Road, at corner of lands now or formerlY of
Charles L. Hoover; thence by said lands now or formerly of
Charles L. Hoover and extending through an existing limestone,
South ,58 degrees 43 minutes 31 seconds West a distance of 503.99
feet to an iron pin set at corner of other lands now or formerly
of Lee L. Burkholder; thence by said other lands now or formerly
of Lee L. Burkholder, North 49 degrees 09 minutes 07 seconds West
a distance of 157.25 feet to an iron pin set; thence by same and
extending through an iron pin set, North 40 degrees 50 minutes 53
second,S East a distance of 430.80 feet to a railroad spike set in
the centerline of T-402, Middle Road; thence by said centerline,
South 44 degrees 50 minutes 58 seconds East a distance of 73.93
feet to a railroad spike set; thence by same, South 50 degrees 32
minutes 42 seconds East a distance of 76.23 feet to a railroad
spike set; thence by same, South 65 degrees 10 minutes 37 seconds
East a distance of 78.43 feet to a railroad spike set; thence by
same, South 68 degrees 46 minutes 53 seconds East a distance of
92.00 feet to a railroad spike set at the place of BEGINNING.
The within described tract of land is all of Lot No. 5 as shown
on the Final Subdivision plan for Lee L. Burkholder, recorded in
the herein- after mentioned Recorder's Office in Plan Book 62,
Page 54, and contains 2.1155 acres, exclusive of the dedicated
right-of-way line of Township Road T-402, Middle Road.
BEING THE SAME PREMISES which Douglas A. Burkholder and Margaret
E. Burkholder, h/w, by their deed dated June 18, 2001, and about
to be recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, granted and conveyed unto
Douglas A. Burkholder and Margaret E. Burkholder, h/w, Mortgagors
herein.
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