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HomeMy WebLinkAbout03-2163 £aw Offices IRWIN, McKNIGHT & HUGHES 60 West Porn fret Street, Carlisle, Pennsylvania 17015-$222 TInS AGREEMENT, made and entered into this THOMAS J. IMHOLTE AND DEBORAH A. IMHOLTE, his wife, Pennsylvania, 17013 parties of the first part (hereinafter called Owner), day of May, 2003 by and between of 2257 Walnut Bottom Road, Carlisle, AND JAMES YARLETT, a Pennsylvania General Contractor, with its , Pennsylvania, , party of the second part (hereinafter called Contractor). principal offices located at WHEREAS, the said parties have by a duly executed written construction agreements under seal, both dated , 2003, for construction and improvements to property located at 2200 Walnut Bottom Road, Dickinson Township, Cumberland County, Pennsylvania as set forth in Deed Book~. $~ , Page t4,1f~ , and as more particularly described in the attached Exhibit A. NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in consideration of the contract aforesaid and the consideration mentioned thereunder, as well as the further consideration of One ($1.00) Dollar to him in hand paid by the Owner at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the said building or buildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any sub-contractor, materialmen or laborers for work done or materials furnished under said contract or by any other party acting through or under them or any of them for and about said building or buildings or any part thereof, or on credit thereof, and that all sub-contractors, materialmen, and laborers on said work shall look to and hold Contractor personally liable for all sub-contracts, materials furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatever against Owner for any work done or labor or materials furnished under said contract for and about the erection, construction and completion of said buildings as aforesaid, or under any contract for extra work, or work supplemental thereto, or otherwise. AND this Agreement wl~v~in.g_~e right of lien shall be an independent covenant and shall operate and be effective as well with respect to work done and ma-t~il~ 'fum- ~-i~hed under any supplemental contract for extra work in the erection, construction and completion of said building or buildings as to any work and labor done and materials furnished under the contract aforesaid. AND, in order to give the Owner full power and authority to protect himself and the lot or lots of ground against any and all claims filed by the Contractor or anyone acting under or through him or it in violation of the foregoing covenant, the said Contractor for himself, themselves, itself, hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear for him, them, it, or any of them, in any of the said Courts of Common Pleas as Attorney for him, them or it and in his, their, its, name, mark satisfied of record at the cost and expense of the Contractor or of any Sub-Contractor or Materialman, or Material men, any and all claims or claim, lien or liens, filed by or for the Contractor, or any Sub-Contractor or Material man, or in his or their name against said building or buildings, lot or lots 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 ALL that certain tract of land situate in Dickinson Township, Cumberland County, Permsylvani.a, more particularly bounded and described in accordance with a Plan pr~ared by Martin I. Cra-fi'aah, RPLS dated August 7, 2002 and recorded in the Office of the Recorder of Deeds for CUmberland Cotrnty in Plan Book 3'a-' , Page 13 ~ , as follows.: BEGINNING at a point in the centerline of $.R. 465, Walnut Bottorr Road, at corner of lands now or formerly of Lucille Stull; thence along lands now or formerly of Lucille Stull North 2g degrees 17 minutes 45 seconds West 400.58 feet to an existing iron pin; thence along lands now or formerly of Linwood Phillips, Jr. North 44 degrees 31 minutes 57 se. conds East 209.65 feet to a concrete monument set; thence along Lot No. 1 as set Forth on .~:aid plan South 2g degrees 45 minutes 00 seconds East 460.g7 feet to a nail set in centerline o ~' S.R. 465, Walnut Bottom Road; thence along centerline of S.R. 465, Walnut Bottom Road, S ~uth 61 degrees 15 minutes 00 seconds West 203.96 feet to a nail set in centerline of Walnut Bottom Road, the point and Place of BEGINAr~G. Co1vrAINING 2.00 acres and designated as Lot No. 2 on Plan for loseph A. Viz and Constance T. 'viz.