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HomeMy WebLinkAbout03-5115 STIPULATION AGAINST LIENS by and between Brad Farner, d/b/a Farner Custom Homes hereinafter referred to as Contractor, Frank H. Kelly and Karen L.Kelly, h/w hereinafter referred to as Owner, whereby the former undertook and agreed to construct a single family dwelling, at 240 Poplar Avenue New Cumberland, Pa 17070, see attached exhibit "A", 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 mechanic'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 the day and year first above written. Signed, Sealed and Delivered in the presence of FARNER CUSTOM HOMES : By ~ ~--~6f~_~_l (SEAL) BRAD FA~dVER H. KELLY (SEAL) (SEAL) F~REN L. KELLY / EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in t~ Be'rough of New Cumberland, Cumberlnad County, Pennsylvania, more particularly bounded and'!~escribed as follows to wit~ BEGINNING at ~.point on the wearer side of Poplar Avenue, at the line of land now or late cf Elizabeth B. Lanshe, said point being nine hundred two and three tenths (902.3) feet South of the ~outhweetern intersection of Poplar Avenue and Fourth Street; ~henee along the western line of Poplar Avenue one hundred sixty- Bix and three tenths (166.3) feet; =hence westerly at right an~le~ ~o Poplar Avenue two hundred sixty-two (2~2) feet to ~he eastern line of Hillside Reed; %hence northwardly along the eastern line 6f hl/is/de Road one hundred sixty eix and three ten~hs (166.3) feet to the line of above mentioned land now or late of Elizabeth B. Lanshs; %h~noe easterly along the line of said land and at right angles with Hillside Road, two hundred sixty two (262)feet to the place of BEGINNING. BEING Lot No. 25, Plan 2, Buttorf£'e Second Addition to New C~lberland and Recorded in Plan Book "N", Volume 5, Page 498, Cumberland.County Reoorder's Office, ~ HAVING THEREON ERECTED a one story dwelling house know ~ae N~.' 240 Pedlar Avenue~ New Cumberland, Pennsylvania.. BEING the same premises which Geraldine T. Cribari, single woman, by her deed dated July 19, 1991, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Frank H. Kelly and Karen L. Kelly, husband and wife, Mortgagors herein.