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IRWIN, McKNIGHT & HUGHES
60 West Pomfret Street, Carlisle, Pennsylvania 17013 -3222
THIS AGREEMENT, made and entered into this 26th day of September, 2003 by and between
SNIDER AND MILLER BUILDERS, of 450 Reagle Road~ Marysville; Pennsylvania, 17053, parties of the first part
(hereinafter called Owner),
AND
EDWARD W. KOSER AND KIMBERLY S. KOSER, with its principal offices located at 2 CHRISTY DRIVE~
MOUNT HOLLY SPRINGS, ['ennsylvania, 17065, party of the second part (hereinafter called Contractor).
WHEREAS, the said parties have by a duly executed written construction agreements under seal, both dated
September, 2003, for construction and improvements to property located at l,ot 4, Jeffrey Drive, Mount Holly Springs,
Cumberland County, Pennsylvania as set forth in Deed Book 258~ Page 1255, and as more particularly described in the attached
Exhibit A.
NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in consideration of the contract aforesaid
and the consideration mention¢:d thereunder, as well as the further consideration of One ($1.00) Dollar to him in hand paid by the
Owner at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby covenant,
promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained
against the said building or buildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any sub-contractor~
materialmen or laborers for work done or materials furaished under said contract or by any other patty acting through or under
them or any of them for and about said building or buildings or any part thereof, or on credit thereof, and that all sub-contractors,
materialmen, and laborers on said work shall look to and hold Contractor personally liable for all sub-contracts, materials
furnished and work and labor ,:lone, 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 erectiom construction and completion of said
buildings as aforesaid, or unde~ any contract for extra work, or work supplemental thereto~ or otherwise.
AND this Agreement: waiving the right of lien shall be an independent covenant and shall operate and be effective as
well with respect to work done and materials furnished under any supplemental contract for extra work in the erection,
construction and completion of said building or buildings as to any work and labor done and materials furnished under the
contract aforesaid.
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 irrevocably authorizes 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 Materialman, or Material men. any and all claims or claim, lien or liens, filed by or for the
Contractor. or any Sub-Contractor or Material man. 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 for himself, themselves, itself, do hereby remise, release and quit-
claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in any- wise
touching or concerning the same.
IN WITNESS WltEREOF, the said parties have hereunto set their hands and seals dated the day and year first above
written.
W1TNESSESPRESENT:
cC&_
EDWARD W. KOSER, OWNER
~ ~'~ ~ ¢SEAL)
KIMBERLY ~. KOSER, OWNER
ATTEST:
SNIDER & MILLER, BUILDERS
(SEAL)
2
Commitment Number: 1402
SCHEDULE C
Legal Description
ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland
Cotmty, Pennsylvania, bounded and described as follows:
BEGINNING at a point along the Western side of Jeffrey Lane at the Northeast comer of
Lot No. 5, Section B of Bar-Jen Heights Plan, as recorded in the Office of the Recorder of Deeds
for Cumberland County in Plan Book 20, Page 85; thence along the Western side of Jeffrey Lane,
North 7 degrees 30 minutes East, 31.80 feet to a point; thence Northeastwardly by a curve to the
fight with a radius of 275 feet, an arc length of 63 feet to a point at the comer of Lot No. 3,
Section B on said Plan; thence along the latter, North 71 degrees 23 minutes 40 seconds West,
131.70 feet to a point at line of Lot No. 7, Section B of the aforesaid plan; thence along the latter,
South 30 degrees 33 minutes 20 seconds West, 81.26 feet to a point at Lot No. 6, Section B of
the aforesaid Plan; thence along the latter, South 7 degrees 30 minutes West, 45 feet to a point at
line of Lot No. 5, Section B on the aforesaid plan; thence along the latter, South 82 degrees 30
minutes East, 154.97 feel: to a point, the Place of BEGINNING.
BEING Lot No. 4, Section B of Bar-Jen Heights.
BEING the same premises which CHARLES V. KOSER AND KATHLEEN M. KOSER, by Special Warranty Deed
dated July 22, 2003, and recorded July 22, 2003, in Book 258, Page 1255, granted and conveyed unto EDWARD
W. KOSER and KIMBERLY S. KOSER, in fee.
STEWART TITLE
GUARANTY COMPANY