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HomeMy WebLinkAbout07-1722 Stipulations Against Liens ~HO"ME DESIGNS UNLIMITED, LLC MARCH 27, 2007 3Jn tbe QCourt of QCommon t!leas QCountp of Cumberland Owner , Pennsylvania HOME DESIGNS UNLIMITED, LLC Docket Number Of ../72..2... /nW Term 20 Contractor Page Number Wbereas, HOME DESIGNS UNLIMITED, LLC ("Contractor") of CJIhl!lt-"iliMn cn,,"'T<f ' has entered into a contract with Home Designs Unlimited ("Owner") of P.O. Box 387, New Kingstown, PA 17072, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot 127 Cross Creek, Phase II, Carlisle, PA 17013North Middleton Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Home Designs Unlimited is the title holder of record; and Wbereas, it is the intention of Owner and Contractor that neither said lot of ground nor the improvements erected 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. ~ob.1, m:bis ~greement Witnessetb: That Contractor, for and in consideration of the contract aforesaid and the considerations mentioned thereunder, as well as the further consideration of One Dollar ($1.00) to it in hand paid by the Owner at or 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 hereof, or the curtilage or curtilages 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. ~nb 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. ~nb, 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 the 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 materialman, 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 a 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 hands and seals the day and year aforesaid. Signed and sealed in the presence of: HOMEn';:UNLlMITEO, llC BY <~ DAVID R. THOMPSON HOMa=-UNLI,MITED'llC BY' ~~ DAVID R. THOMPSON .. .... File No. 28577HOME I. .... See Attached Exhibit A Lt:UAL Ut:~(;KIPTlUN ALL 11'!Af CFRTAIN tmd of Innd situate in North Middleton Township, Cumberland County, Penm'llvania, designated as Lot No. 127 on the Final Subdivision Plan for Phase E of the Villoge of Cross Creel< dated June 10, 2005, and recorded in the Office of the Recorder of Deeds in ond for Cumberland County in Plan Book '11, roge 98. more particularly bounded and described, as follows: (3[GINt".IING at a point on the southerly ri~~ht-of-way line of Pine Creek Drive. said point being the northwesterly corner of Lot 127; thence, S 51019' 19" W a distance of 157.77' to a point; thence. N 75054'38" W a distance of 41.13' to a point: thence, N 13036' 31" E a distance of 171.47' to a point on the southerly right-of- woy line of Pine Creek Drive; thence, along said right-of-way line on a curve to the right hnvin9 a radius of 225.00', an arc length of 148.10', a chord bearing of S Sr.32'05" E and a chord distance of 145.44' to a point; the place of BFGIl\jNlt~G. Contoininn: 15,560 sq. ft. (0.36 acres) BEING th,e same premises which Penta Star Investments by Deed dated March 15, 2007 and about to be recorded In the Office of ~e Reco~~r of Deeds in and for the County of Cumberland, Pennsylvania granted and conveyed unto Home DeSigns Unlimited, LLC, Grantor herein. ' 0,. ~ () ~ r--.) r.:::::. 0 C:::> 1 --.t ." -- :x -f J::>oo :r:.." () :::0 rl1- r- C N -on-: ""'" ........ \...0 ;'-)0 ~ .~(:) G' -0 8~ C> V) -0 3:: ~ ~ F ry ~5f'1'1 );! ~ ~ :0 .!:.- -< e r ~ ,f)' 8: ~ ~ 18 (' f l'