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HomeMy WebLinkAbout04-1189STIPULATION AGAINST LIENS JASON LINSEY and DIANA P. LINSEY, Owners VS. DEAN BREWER BUILDER, Contractor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA WHEREAS, Jason Linsey and Diana P. Linsey, Owners, are about to execute contemporaneously herewith, a contract with Dean Brewer Builder for the construction of a residential dwelling on Lot 3, Lemoyne Retirement Community, Lemoyne Borough, Cumberland County, Pennsylvania, described in Exhibit "A" hereto attached. NOW, ~//~//~y , 2004, at the time of and immediately before execution of the principal contract: a~id before any authority has been given by the said Owners to Contractor to commence construction, or purchase materials for the same in consideration of the making of the said contract with Contractor and the further consideration of One Dollar to Contractor paid by Owners it is agreed that no lien shall be filed against said real estate or improvements erected thereon by the contractor, or any subcontractor, nor by any of the materialmen or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased for the said construction, the right to file such liens being expressly waived. WITNESS, our hands and seals the day and year aforesaid. Signed, Sealed in the pre~ and/C) elivered JbCon Linsey, Owner ~,' Diana P. Linsey, Owne~ DEAN BREWER?/~ER EXHIBIT"A" ALL THAT CERTAIN lot or parcel of ground situate in the Borough of Lemoyne, Cumberland County bounded and described as follows to wit: BEGINNING at a point at the northeast corner of Lot 3 with said point being the corner of Lots 2 and 3 as shown on the Preliminary/Final Subdivision Plan for Lemoyne Retirement Community recorded August 17, 2001 in the Cumberland County Recorder of Deeds in Plan Book 83, Page 123; thence South 64 degrees 30 minutes 58 seconds West a distance of 115.00 feet to a point; thence South 42 degrees 40 minutes 54 seconds East a distance of 263.19 feet to a point; thence North 64 degrees 30 minutes 58 seconds East a distance of 115.00 feet to a point; thence North 42 degrees 40 minutes 54 seconds West a distance of 263.19 feet to a point and place of BEGINNING. Containing .6638 acres more or less. BEING Lot 3 on the Preliminary/Final Subdivision Plan for Lemoyne Retirement Community recorded August 17, 2001 in the Cumberland County Recorder of Deeds in Plan Book 83, Page 123. UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, encumbrances and other matters of record or that which a physical inspection or survey of the premises would reveal. UNDER AND SUBJECT to the notes, restrictions, easements, rights-of-way, covenants and conditions as set forth in the Preliminary/Final Subdivision Plan for Lemoyne Retirement Residence as set forth above. 65316