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HomeMy WebLinkAbout04-1071 STIPULATION AGAINST LIENS THIS AGREEMENT made this II t't4 day of March, 2004 by and between: SECHRIST CONSTRUCTION, INC., a Pennsylvania business corporation of Mechanicsburg, Cumberland County, Pennsylvania, hereinafter "Contractor" AND ERIC L. SECHRIST, of Mechanicsburg, Cumberland County, Pennsylvania, hereinafter "Owner" WHEREAS, Owner and Contractor have entered into a construction agreement ("agreement") whereby Contractor has agreed to erect and construct a residential dwelling and other improvements (referred to herein as "buildings or other improvements") upon the following described real estate, as part of the consideration for which agreement this Stipulation Against Liens is given: ALL THAT CERTAIN tract of mountain land situate in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at an iron pin at the southwest corner of lands now or formerly of Otto Hepner; thence by lands now or formerly of Mrs. Miller, North twenty-three degrees West, five hundred twenty feet to a pin in the center of a 40 foot road; thence by other lands now or formerly of Mrs. Miller North twenty-three degrees West four hundred fifty-three feet to stones; thence by lands now or formerly of the Bell Estate, North seventy-three degrees thirty minutes East two hundred ninety-eight and sixty-five hundredths feet to stones; thence South twenty- three degrees East three hundred thirty-four and eight hundredths feet to a pin in the center of aforesaid 40 foot road; thence along lands now or formerly of Ben Eby, South twenty-three degrees East five hundred sixty-five feet to a pin; thence along lands now or formerly of Otto Hepner, South fifty-nine degrees West two hundred ninety-four and sixty-two hundredths feet to a pin at the place of Begimfing. CONTAINING 6.4 acres, more or less. BEING the same premises which Charles M. Fogarty, single man and William R. Jones and Colleen F. Jones, husband and wife, by their deed granted and conveyed tmto Eric L. Sechrist. NOW THEREFORE, Contractor, intending to be legally bound hereby, in consideration of the sum of One Dollar ($I .00) in hand paid by Owner, the receipt and sufficiency of which are hereby acknowledged, as well as for and in consideration of the agreement aforementioned, Contractor does hereby, for Contractor and any and all subcontractors, materialmen and parties acting for, through and under Contractor, them or any of them, or anyone, covenant and agree with Owner that no mechanic' liens or claims shall be filed or maintained by Contractor, them or any of them or any one, against the above described real estate or the buildings or other improvements erected or to be erected thereon, any of them, or the estate (including a leasehold estate), interest or tire thereto of Owner, for or on account of any work done or materials furnished under the agreement or under any supplemental contract, verbal or written, or contract for extra work relating to the erection, construction and completion of said buildings or other improvements, or any of them, or otherwise; and Contractor for Contractor and any and all subcontractors, materialmen and parties acting through or under Contractor, them or any of them, hereby expressly waives and relinquishes the right to have, file or maintain any mechanics' liens or claims against said real estate or buildings or other improvements or any of them. Contractor hereby covenants, promises and agrees that all subcontractors, material suppliers and laborers shall not look to and hold Owner liable for all subcontracts, materials furnished and work and labor done so that there shall not be any legal or lawful claim of any kind whatever against Owner, or any other person with an estate (including a leasehold estate) in the above-described property, for any work done or labor or materials furnished under the agreement or otherwise. This Stipulation 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 the said buildings or other improvements as to any work and labor done and materials furnished under the agreement aforesaid. Contractor hereby represents and warrants that prior to the date hereof no work has been done and no materials have been furnished with regard to the construction which is the subject of the agreement or with regard to any supplemental contract, verbal or written, or contract for extra work in or about the erection, construction and completion of any buildings or other improvements on the above-described property. This Stipulation Against Liens is made and intended to be filed with the Prothonotary of Cumberland County, Pennsylvania within 10 days of the date hereof in accordance with the requirements of law in such case provided. -2- IN WITNESS WHEREOF, Contractor has signed and sealed this Stipulation, binding itself, its successors and/or assigns the day and year first above written. ATTEST: SECHRIST CONSTRUCTION, INC. (Corporate Seal) Eric L. Sechrist, President (SEAL) ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA) : SS. COUNTY OF CUMBERLAND ) ON THIS, the //~/~ day of March, 2004 before me, the undersigned officer, personally appeared ERIC L. SECHRIST, who acknowledges himself to be the President of Sechrist Construction, Inc., a Pennsylvania business corporation and that he, as such President, being authorized to do so, executed the foregoing Stipulation Against Liens for the purpose therein contained by signing the name of such corporation by himself as such President. IN WITNESS WHEREOF, I hereunto set my hand and official seal.  N(~t~y~ublic~~ My Commission Expires: -3- COMMONWEALTH OF PENNSYLVANIA Susan L Iv~tmzi, Nc~a~t Pul~lio My Cm~'~n EWires Nov. 24, 200~ Member, Penn~vania Asso~ation ~ ~