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HomeMy WebLinkAbout03-3387STIPULATIONS AGAINST LIENS Mark B. & Lisa Z. Nolt, Etta M. Nolt } Owner } vs } } Flaud Builders } Contractor } In the Court of Common Pleas, County of Cumberland , Pennsylvania Number: Oc~- 3 5 ~' "~ , Term, WHEREAS, Mark B. & Lisa Z. Nolt, Etta M. Noir of 711 Ridge Rd., Shippensburg, PA 17257 to execute contemporaneously herewith, a contract, with of 15700 Burnt Mill Rd., Newburg, PA 17240 for the erection of a Heifer Facility Flaud Builders , Pennsylvania, is about building upon a lot of land situate SEE ATTACHED EXHIBIT "A" NOW, June 13 ,2003 , at the time of and immediately before the execution of the principal contract, and before any authority has been given by the said Mark B. & Lisa Z. Nolt, Etta M. Nolt to the said Flaud Builders to commence work on the said building, or purchase materials for the same in consideration of the making of the said contract with Flaud Builders and the further consideration of One Dollar, to Flaud Builders paid by Mark B. & Lisa Z. Nolt, Etta M. Nolt , it is agreed that no lien shall be filed against the building by th( contractor, or any sub-contractor, nor by any of the material men or workmen or any other person for any labor, or materials purchased for the erection of said building, the right to file such liens being expressly waived. WITNESS, our hands and seals the day and year aforesaid. N~(~.....__zLED IN TH E PRESENCE OF A-125 (9/18/97) LEGAL DESCRIPTION ALL THAT CERTAIN tract or piece of land with improvements erected thereon situate partly in the Township of Hopewell and partly in the Township of Southampton, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a white oak; thence by lands now or late of D. Renshaw's heirs, north 20 Y= degrees west 103 perches to a post; thence by land formerly of Mrs. L. Martin, now of John Shoap, north 75 degrees east 63.1 perches to a post; thence by the same, north 18 degrees west 168 perches to stones; thence by lands formerly of S. Swanzy and P. Noaker, now of Luther Beam and Robert Chamberlain, north 68 degrees east 69.1 perches to stones; thence by lands formerly of John Chamberlain and others, south 26 1/2 degrees east 59.5 perches to a stone; thence by land formerly of William Chamberlain, south 32 1/2 degrees west 19 perches to a stone; thence by lands formerly of J. Rhoads and W. Hays, now of John Seitz, south 14 ¥2 degrees east 153 perches to a rock; thence by lands formerly of Adam Hocker and Abner Rutherford, now of George Thrush and Aaron Book, south 48 ~ degrees west 122 perches to the place of beginning. Containing 123 acres and 17 perches, strict measure, and being improved with a dwelling, barn and other outbuildings. BEING THE SAME premises conveyed by Donald E. Crouse and Ruth L. Crouse, husband and wife, by their deed dated February 23, 1989, and recorded in the Cumberland County Recorder of Deeds Office in Deed Book Volume 33 on Page 1066 to Peter J. Emrick and Elaine Emrick, husband and wife. Peter J. Emrick died on November 27, 1997, and Elaine Emrick thereby became the sole owner of the subject property as the surviving joint tenant by the entirety. It is understood and agreed that a default under the terms of either this present mortgage/deed of trust or a certain mortgage/deed of trust to the AgChoice Farm Credit, ACA and recorded at book 1586, page 223 of the land records of Cumberland County, Pennsylvania shall constitute a default under the terms of both. (AgChoice Farm Credit, ACA is the legal holder of the obligation, note, bond or other evidence of debt secured by said mortgage/deed of trust). The said Lisa Z Nolt jpin(s) in this instrument and the note or notes herein described for the purpose of releasing and conveying all her interest in the herein described property and to bind her to all the covenants and conditions herein and therein contained, and to better secure repayment of the principal indebtedness secured by this instrument together with interest in accordance with the terms of this instrument and the note or notes herein described.