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HomeMy WebLinkAbout03-527909/25/2003 ].1:19 717~?10676 PAG~ 01/02 FERN £. P4GE W. Lee Roland -]Jn ~[)e ~Zottrt of O[omnton ]Dlea.n ~'otutt~, af Cumberland Docket Page Number Pennsylvania 7~rm 2003 ~0erea~, W Lee Roland ('Cenb'actor") of entered into a contract with FERN E. PAGE, MARRIED WOMAN ("Owner") for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as LOT 41 WlTNEY RIDGE, UPPEN ALLEN TOWNSHIP, Mechanicsburg, PA 17055, Cumberland, PENNSYLVANIA described in Exhibit "A" t~ereof, of which FERN E. PAGE. MARRIED WOMAN is the title holder of record; ').).)l)ereas, it is the intention of Owner and Contractor that neither said tot of ground nor the improvements erected or 1o 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. J¢~0~, ~1~i5 ~t~rteme~It '~[hhie~;!letIl: 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 sealidg and delivery of these presents, the receipl of which is hereby acknowledged, and intending to be legally bound hereby, does l~eraby covenant, promise and agree, for Contractor and any and all subcontractors, materialman, 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, materialmea and laborers shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done ~[1ttl 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 exlra 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. ~l'ob, in order to give the Owner f~l~l power and authority to protect Owner and the building, improvements and lot of ground, against any and all claims flied by Contractor or anyone acting under or through Contractor in violation of/he 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 allomey 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 subcontraclor or materialman, or in the name of cay one or more of them against the building, improvements, lei of ground or any part thereof, and, for such act or acts, this shall be good and sufficient warrant and authority, and s reference to the Court, Term and Number in which this in.~trument shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, ced the Contractor does hereby remise, release, and quit claim all rights and all manner of errors, defects and imperfection:-~ whatsoever in entering such satisfaction of in anywise touching or concerning the Witness our hand and seal the day and year aforesaid. Signed and sealed in the presence of: STIPULATION AGAINST LIENS DOC ~ile No. 03-508 Exhibit "A" ALL THAT CERTAIN Lot in the property known, named and identified in the Declaration, referred to below, as "Witney Ridge P.R.D., A Planned Community," located in Upper Allen Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Planned Community Act, 68 Pa. C.S.A. 5101 eL seq., by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, the Declaration for Witney Ridge P.R.D., a Planned Community ("Declaration"), dated June 16, 2000, recorded June 21, 2000, in Miscellaneous Book 647, Page 1, and as amended by First Addendum to Declaration for Witney Ridge P.R.D., a Planned Community ("First Amendment"), dated June 28, 2000, and recorded June 29, 2000, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 647, Page 991, designated in such Declaration (as amended by the First Amendment) as Lot No. 41, described in Section 2.2 of the Declaration (as amended by the First Amendment) and shown (and described) in Exhibit F of the Declaration. CONTAINING 10,786.64 square feet. BEING Lot No. 41 Final Development Plan for Witney Ridge Planned Residential Development Phase I, dated September 17, 1999, last revised October 13, 1999, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 80, Page 64. EXHIBIT A'l'O MORTGAGE.DOC