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HomeMy WebLinkAbout07-3944 Stipulations Against Liens STEVEN W. HOWELL and YVETTE N. HOWELL Owner HOME DESIGNS UNLIMITED, LLC Contractor JUNE 8, 2007 ~tt t~je court of common ~Cea~ rtCouutp of Cumberland Pennsylvania Docket Number N O~ 6 7~ 39 y y M~ ~ Term 20 Page Number whereas, HOME DESIGNS UNLIMITED, LLC ("Contractor") of PO BOX 387, NEW KINGSTON, PA 17072, has entered into a contract with STEVEN W. HOWELL and YVETTE N. HOWELL ("Owner") of 20 Woodmyre Lane, Enola, PA 17025, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot 4, 823 Center Street, Enola, PA 17025East Pennsboro Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which STEVEN W. HOWELL and YVETTE N. HOWELL are the title holder of record; and ~~jereas, 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. ,~otu, ~L~jis agreement ~itnesset~j: 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 any one 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 afl 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: ~ ~ STEVEN W DWELL ET N. H EL ~~ ~ -. File No. 28738HOWELL ALL THAT CERTAIN lot, parcel, or tract of land situate in the Township of East Pennsboro, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point on the western right-of-way line of Center Street (60 foot right-of-way, 20t foot macadam), said point being at the southeastern corner of Lot No. 5 on the hereinafter mentioned Plan of Lots; thence by the western right-of-way line of Center Street by a curve extending to the right in a southwesterly direction having a radius of 195.0 feet an arch length of 100.00 feet to a point at Lot No. 3 on the hereinafter mentioned Plan of Lots; thence by Lot No. 3 South 87° 18' 30" West, a distance of 262.20 feet to a point at the eastern right-of-way line of East Penn Drive, S.R. 1015 (relocated) variable width right-of-way; thence by the eastern right-of-way line of East Penn Drive by a curve extending to the left in a northwesterly direction having a radius of 2912.79, an arc length of 99.40 feet to a point at Lot No. 5 on the hereinafter mentioned Plan of Lots; thence by Lot No. 5 North 87° 18' 30" East, a distance of 267.05 feet to a point at the western right-of-way line of Center Street, the point and place of BEGINNING. BEING Lot No. 4 on a Final Subdivision Plan for East Pennsboro Township recorded in Cumberland County Plan Book 80, Page 150 and containing 26,491.77 square feet or 0.6082 acres. UNDER AND SUBJECT to a 25 foot drainage easement as shown on a Final Subdivision Plan for East Pennsboro Township recorded in Cumberland County Plan Book 80, Page 150. BEING THE SAME PREMISES which the Township of East Pennsboro, by Deed dated October 6, 2005 and recorded October 13, 2005 in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Book 271, page 2152, granted and conveyed unto Home Designs Unlimited, LLC, Grantor herein. BEING PART OF THE SAME PREMISES which Home Designs Unlimited, LLC, a Pennsylvania Limited Liability Company by their Deed dated June 8, 2007 and about to be recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Steven W. Howell and Yvette N. Howell, husband and wife, Mortgagors herein ~, C ~ N c=a ~ -=y i , i.. r -.,., ~ q~ ~~: N ~ ~ ~~ C~ ~ ~ O , ~ -f ~ r ~', -~ ~ - '~' ~ ~~ ~ ~ _. t~ - -i .J W ~ :~1 t n ~ n n A