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HomeMy WebLinkAbout08-3371Stipulations Against Liens HOME DESIGNS UNLIMITED, LLC Owner HOME DESIGNS UNLIMITED, LLC Contractor MAY 23, 2008 ~1n ttje court of ftCommou ~[ea~ ~ouutp of Cumberland Docket Number 68 - 33`7/ M [, ~ Page Number Pennsylvania Term 20 ~~jerea~', HOME DESIGNS UNLIMITED, LLC ("Contractor") of PO BOX 387 NEW KINGSTON, PA 17072, has entered into a contract with HOME DESIGNS UNLIMITED, LLC ("Owner") of Post Office Box 387, New Kingstown, PA 17072, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot 141, 199 Beagle Club Rd. Carlisle, Boiling SpringsSouth Middleton Township and Mount Holly S, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which HOME DESIGNS UNLIMITED, LLC is the title holder of record; and ~~jerea~, 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, ~Ctji~ agreement ~itne~~ettj: 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. ~n~ 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. ~nD, 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. HOME DE GNS UNLIMITED, LLC BY /l " DAVID R. THOM SON HOME DE S UNLIMITED, LLC BY DAVID R. TROMPS N Signed and sealed in the presence of: File No. 28805-D-HOMEDES LEGAL DESCRIPTION LOT NO.141 PHASE V WESTGATE DEVELOPMENT SOUTH NIIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PA May 30, 2047 BEGINNING at a point on the northern right-of--way line of Westgate Drive (a fifty foot right-of--way), said point being referenced North seventy-eight degrees, thi zero seconds East (N 78° 30' 00" E), a distance of one hundred and twenty--oe' hundredths feet (100.21 ~ from the terminus of a curve connecting said northern right-of- way line of Westgate Drive with the eastern right-of--way line of White Oak Circle; thence from said point of Beginning by Lot No. 140 and by Lot No. 139 Phase VII of Westgate Development , North eleven degrees, thirty minutes, zero seconds West (N Il ° 30' 00 " fib, a distance of two hundred forty_eight and twenty hundredths feet (248;20) to a point on the southern right-of--way line of lands now or formerly of the Consolidated Rail Corporation (CONRAIL); thence by said right-of--way line, South eighty-one degrees, forty-five minutes, forty-five seconds East (S 81 ° 43' 4S" E), a distance of eighty-four and ninety-nine hundredths feet (84`99) to a point; thence by Lot No. 142, South eleven degrees, thirty minutes, zem seconds East (S II ° 30' 00" E), a distance of two hundred nineteen and fifty hundredths feet (219. SO) to a point on the northern right-of--way line of Westgate Drive; thence by the northern right-of--way line of Westgate Drive, South seventy-eight degrees, thirty minutes, zero seconds West (S 78° 30' 00" ifs, a distance of eighty feet (80.00) to a point, the place of Beginning. Containing 18,707.74 sq ft or 0.4295 acres. BEING part of the same premises which CONSTANTINOS J. MALLIOS AND ELAINE MALLIOS, HUSBAND AND WIFE, by Deed dated December 14, 2007, and recorded January 7, 2008, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, as Instrument No. 200800686, granted and conveyed unto HOME DESIGNS UNLIMITED, LLC, Mortgagors herein. ALTA Commitment Schedule A (continued) V C .~ .. ` ~- J t ' tl I° ~ .._ ' €"_. c ~ N -~7 0 6` 1a ~ - - ~' ~ ~ ~ y _ --- ~- ~- ~ i ~ l C~ R . c n t t s