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HomeMy WebLinkAbout99-02470 r. No. qq _ d470 rnt1) STIPUlATION AGAINST UENS THIS AGREEMENT made the ;I.;) r-J. day of fI"t": I , 1999, by and between JIM MILLER CUSTOM BUILDER, of 215 Old York Road, Dillsburg, Pennsylvania 17019, hereinafter referred to as Contractor, AND GREG H. FENNELL and JANET A. FENNELL, husband and wife, of 18 Gray Place, Mechanicsburg, Pennsylvania 17055, hereinafter referred to as Owner, whereby the former undertook and agreed to erect and construct a single family residential dwelling on that certain lot of ground situate on Hastings Drive, in Upper Allen Township, Cumberland County, Pennsylvania, being Lot No. 135, Final Subdivision Plan for Canterbury Estates, Phases VII and VIII, said plan being recorded in Plan Book 77, Page 100. Being part of the same premises which Francis C. McNaughton, Margaret M. McNaughton and Peter J. Ressler t/d/b/a Midpenn Estates, Joseph J. Chwastyk and Charlotte P. Cramer by Deed dated February 14, 1987 and recorded March 11, 1987 in the Cumberland County Recorder of Deeds Office in Deed Book 32-N, Page 593, and re-recorded on May 24, 1989 in Deed Book 33-Y, Page 828, granted and conveyed to The McNaughton Company, a Pennsylvania corporation. Also being the same premises which The McNaughton Company by Deed dated 11 pr i I J. 3 , 1999 and about to be recorded in the Cumberland County Recorder of Deeds Office granted and conveyed unto Owner. NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for and in consideration of the sum of One ($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 machanic'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, or if a corporation, it has caused these presents to be signed by its proper corporate officers and its corporate seal to be affixed hereto, the day and year above written. 511""', Sealed and Dellveffil In the Praenoe of or AUe.1ed By dJ /~.(, JIM ~LER CUSTOM BUILDER, Co~ractor . d ~/r1" II t--tA.. . G l FENNE Owner (SEAL) (SEAL) (SEAL)