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Home My WebLink About08-2783tStipu~ ns Against Liens GARY G. SHOOKAND ELIZABETH A. SHOOK Owner HOME DESIGNS UNLIMITED, LLC Contractor APRIL 14, 2008 ~(u tCje court of ~ommou ~Ceag ~outttp of Cumberland Pennsylvania Docket Number lyD . ~ ~ ~~ ~'3 ~~ Term 20 Page Number ~fjereag, HOME DESIGNS UNLIMITED, LLC ("Contractor") of PO BOX 387 NEW KINGSTON, PA 17072, has entered into a contract with Gary Shook and Elizabeth Shook ("Owner") of 36707 Sundance Drive, Grand Island, FL 32735, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot #89, Phase III of Crosscreek,North Middleton Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Gary Shook and Elizabeth Shook are the title holder of record; and ~fjereag, 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. ,~otn, ~fjig ~{greemerrt '~itneg~etfj: 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. ~uD 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. ~11D, 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. Signed and sealed in the presence of: GARY HOOK ~~`~ ~~~C ELIZA ETH A. SHOOK HOMED SIGNS UNLIMITED, LLC BY D D R. THOMPSON ,Fite No. 29265SHOOK See Attached Exhibit A All that certain tract of land situated in North Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the southern right-of--way line of Pine Creek Drive, said point being the northwestern corner of Lot 88; thence, along Lot #88 S 10° O1 ` 38" W a distance of 254.31' to a point; thence, along Lot OS-2 N 81 °46' S3" W a distance of 135.07' to a point; thence, along Lot #90 N 10°O1 ` 38" E a distance of 258.57' to a point; thence, along the southern right-of--way line of Pine Creek Drive S 79°58' 22" E a distance of 135.00' to a point, the place of BEGINNING. Containing: 34,619 sq. ft. (0.79 acres) BEING Lot No. 89 on the Final Subdivision Plan for The Village of Cross Creek Portions of Phases F dated February 10, 2006 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 92, Page 95. BEING THE SAME PREMISES which Penta Star Investments, Inc. by its Deed dated Apri18, 2008 and about to be recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Gary G. Shook and Elizabeth A. Shook, husband and wife, Mortgagors herein. to ~. ~- '~ ~ ~ W ~ ~ ~ oQ C ~- n F~ A 1 ~_ C'? rv N ~~ ` ca ~'f --a -- ya ri-~ ~.:: , ~ ~- _ ~;t_; _- ~ :.~ .. -- _., = --. ~ N n