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HomeMy WebLinkAbout07-5017f~ Stipulations Against Liens ROBERT G. WILLIAMS and CINDY A. WILLIAMS Owner HOME DESIGNS UNLIMITED, LLC Contractor AUGUST 20, 2007 ~!u tfje court of common ~Cea~ ~ouutp of Cumberland Docket Number 0'7- ~~/ 7 M~J~' Page Number Pennsylvania Term 20 ~Fjerea~, HOME DESIGNS UNLIMITED, LLC ("Contractor") of PO BOX 387, NEW KINGSTON, PA 17072, has entered into a contract with ROBERT G. WILLIAMS and CINDY A. WILLIAMS ("Owner") of 263 Church Road, Shermans Dale, PA 17090, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 929 Hawthorne Street, Lot #7, Enola, PA 17025East Pennsboro Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which ROBERT G. WILLIAMS and CINDY A. WILLIAMS are the title holder of record; and ~fjerea~, 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. ~oYu, ~~jig agreement ~itne~~et~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. Ana, 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 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. HOMED NS UNLIMITED LLC BY DAVID R. THOMP ON Signed and sealed in the presence of: /~ File No. 28810WILLIAMS ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the western dedicated right-of--way line of Hawthorne Street, thirty (30) foot paved, fifty (50) foot right-of--way, said point being at the Southeast corner of Lot #8 on the hereinafter mentioned Plan of Lots; thence by the western dedicated right-of--way line of Hawthorne Street, South 02 degrees 15 minutes 00 seconds East, a distance of 20.0 feet to a point at a cul-de-sac; thence around a cul-de-sac by a curve extending to the left having a radius of 50.00 feet, an arc length of 100.42 feet to a point at Lot #6 on the hereinafter mentioned Plan of Lots; thence by Lot #6, South 24 degrees 42 minutes OS seconds West, a distance of 157.43 feet to a point a land now or formerly of Harrisburg National Historical Society; thence by lands now or formerly of Harrisburg National Historical Society the following courses and distances: (1) North 64 degrees 44 minutes 49 seconds West, a distance of 54.17 feet to a point; and (2) North 25 degrees 03 minutes 18 seconds West, a distance of 250.72 feet to a point a Lot #8 on the hereinafter mentioned Plan of Lots; thence by Lot #8, South 87 degrees 45 minutes 00 seconds West, a distance of 214.25 feet to a point at the western right-of--way line of Hawthorne Street, the point an place of BEGINNING. BEING Lot #7 on a Final Subdivision Plan for Laurel Woods dated May 16, 2005, last revised September 27, 2005, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 91, Page 73, and containing 34,393 square feet. SUBJECT to an easement for utility installation and maintenance which is reserved on all lots and such other easements, as may be shown in recorded documents, granted to public utility companies for utility purposes. Electric service will be supplied only from the underground distribution system in accordance with then current PP&L Company Tariff provisions. BEING A PART OF THE SAME PREMISES WHICH Deluxe Homes of PA, Inc., a Pennsylvania corporation, by its deed dated June 1, 2006, and recorded June 8, 2006, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 275, Page 166, granted and conveyed unto Home Designs Unlimited, LLC, a Pennsylvania Limited Liability Company and Elizabeth P. Krouse, Grantors herein. BEING the same premises which Home Designs Unlimite LLC, a Pennsylvania Limited Liability Company, and Elizabeth P. Krouse, a single woman by their Deed dated 20 ,2007 and about to be recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, granted and conveyed unto Robert G. Williams and Cindy A. Williams, husband and wife, Mortgagors herein. ti v ~ .q ~ - ~, -~o O ~' (~ k~ }. ~, r~ ~~ ~ U y+ '{"{~ r.w _. :~ t"-i = ` "~ 'v ic- - _~ r . . --~ .~ --. -°_' ~ ~ ,i `-'t ...~ t-°3 " --'„CJ Cr :