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HomeMy WebLinkAbout99-07416r :. , 30Riurr of Kurt 3 9 9- 7111[. M A-d Ti.- THIS AGREEMENT made and concluded this....... 9..th............ day of......... p£C.P.MI .Pr.......A. D. 1SQ.9...... between ...JF RO.N....5.r......T.T. DAY ........................................................................................................................................:... of..... C51#!!)?erland County,.,,,,,]?ennsylvania party of the fires part (hereinafter called Owner), AND........FRED A. TIDAY party of the second part (hereinafter called) Contractor. WHEREAS, the said parties have by a duly executed Agreement under seal, bearing even date herewith, entered into a written contract for the erection and completion of.... .a.. tW0 ... ...st2U .................... .. res,idential... dwellin4 .................................................................................................................................... to be erected on ALL that certain tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, being Lot No. 1, as shown on the Plan entitled Meadowbrook Farms Final Subdivision Plan, more fully set forth on Exhibit "A" attached hereto and made a part hereof. WtTNess PR .:................................ ................. on Sj T Y Fred" A..' ------------- in which Agreement the Contractor covenanted, promised and agreed that no mechanics' claims or liens should be entered and filed against the said building or buildings or any part thereof, or the cartilage or curtilages appurtenant thereto, NOW THIS AGREEMENT WITNESSETH: That Contractor for and in consideration of the awarding to him by Owner of said contract as aforesaid, as well as the further consideration of One (;1.00) Dollar to him paid at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknow- ledged, does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed against the mid building or buildings or the cartilage or curtilages appurtenant thereto, by Contractor or by any subcontractor, materialmen or laborers for work done or materials furnished under said contract for and about said building or buildings or any part thereof, or on credit thereof, and that all subcontractors, 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 contracts for extra work, or for work supplemental thereto, or otherwise 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 irrevoc. ably authorises 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 Materialmon, or Materialmen, any and all claims or claim, lien or Ilona, filed by or for the Contractor, or any Su&Contractor or Materialman, 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 Court, Term and Number In which and where this Agreement shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor far himself, themselves, itself, do hereby retake, release and quick-claim all rights and all manner of errors, defects and imperfections whatsoever In entering such satisfaction or in anywise touching or concerning the some. IN WITNESS WHEREOF the said parties have hereunto set their hands and scale dated the day and year first above written. N.A. MMIn-r.u•ar ALL that certain tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, being Lot No. 1, as shown on the Plan entitled Meadowbrook Farms Final Subdivision Plan, Phase 1, dated June 6, 1996 and recorded September 5, 1997, in Cumberland County Plan Book 75, Page 65, more particularly bounded and described as follows: BEGINNING at an iron pin, being a southerly corner of Lot No. 49 and lying in a northerly right-of-way line of West Mulberry Hill cul-de- sac (50-foot radius); thence along said right-of-way, along a curve to the left, having a chord bearing of South 24 degrees 00 minutes 59 seconds West, a chord distance of 56.50 feet, a radius of 50.00 feet, and an arc distance of 60.05 feet to an iron pin, lying along said right-of-way and being a northerly corner of Lot No. 10; thence along said lot, South 79 degrees 36 minutes 40 seconds West, 194.39 feet to an iron pin, being a westerly corner of said lot, lying in an easterly line of lands owned now or formerly of Ross D. and Carol A. George, and being a southerly corner of Lot No. 2; thence along said lot, North 34 degrees 12 minutes 06 seconds East, 213.07 feet to an iron pin, lying along said lot and being a westerly corner of Lot No. 49; thence along said lot, South 46 degrees 31 minutes 04 seconds East, 130.14 feet to an iron pin, the place of BEGINNING. CONTAINING 0.410 acre. UNDER AND SUBJECT, NEVERTHELESS, to Planned Community Declaration for Meadowbrook Farms dated February 2, 1998 and recorded February 3, 1998, in Cumberland County Miscellaneous Book 567, Page 1090 and First Amendment to Planned Community Declaration for Meadowbrook Farms dated August 6, 1999 and recorded August 17, 1999 in Cumberland County Miscellaneous Book 622, Page 475. IT BEING the same premises which Pamay Development Co., Inc., a Pennsylvania corporation, by deed dated December 8, 1999 and about to be recorded in the Recorder's Office in and for Cumberland County, Pennsylvania, granted and conveyed unto Jason S. Tiday, single man, MORTGAGOR herein. EXHIBIT "A" .:; ?Y+t 4. na V f^a fly //Co ? ?J ?? ?? 3 _? (?? v (\ 1 _1 ,f L1 ..? '?1 ( .I, r1 ? t [ ??Ii'J 1._ ' ?. G.: 1• ;'? ?? ??