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HomeMy WebLinkAbout04-1214STIPULATION AGAINST LIENS THIS AGREEMENT made this 19th day of March, 2004, by and between FALCON HOMES, hereinafter referred to as Contractor, CLARENCE M. LENDER, AND KANDI L. LENKER, husband and wife, hereinafter referred to as Owner, whereby the contractor undertook and agreed to erected and construct a dwelling on the certain lot of ground situate in No~th Middleton Township, C-~erland County, Commonwealth of Pennsylvania, and more fully described in Exhibit "A" which is attached hereto and made a part hereof known as Lot #38, The Village of Cross Creek, C~m~erland County, PA. NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for an in consideration of the sum of ($1.00) Dollar to Contractor in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for itself, himself or themselves and its, his or their subcontractors, and all parties acting through or under them, covenant and agree that no mechanic's lie~s or claims shall be filed or maintained by them or any of them against the said buildings and the lot of ground appurtenant thereto for or on account of any work done or materials furnished by them or any of them under said contract or otherwise, for, towards, in, or about the erection and construction of the said buildings on the lot above described, and the said Contractor, for itself, himself or themselves, its, his or their subcontractors and others under them, hereby expressly waive and relinquish the right to have, file, and maintain any mechanic's liens or claims against the said buildings or any of them, and agree that this instrument, waiving the right of lien, shall be an independent covenant. WITNESS our hands and seals the day and year first above written. Signed, sealed and delivered : in the presence of : Witness / : Witness FALCON HOMES COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND : On this, the 1~:~ day of March, 2004, before me, the undersigned officer, personally appeared Clarence M. Lenker known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, /~reunto set my hand and official seal. '?NEE L. MUK,TA7, Notary Pu~'~¢ '.~fft~e Bom, Cumt~d~ ~u~, , ~m~ ~'-~ ~. 13, Exhibit "A" ALL THAT CERTAIN tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, designated as Lot No. 38 on the Final Subdivision Plan for Phase A of the Village of Cross Creek dated March 15, 2002, and recorded April 4, 2002 in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 85, Page 20, more particularly bounded and described, as follows: 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 northern right-of-way of Pine Creek Drive, said point being the southeastern comer of Lot #39; thence, along Lot #39 N 44°43'38" W a distance of 125.00' to a point; thence, along Lot #51 N 37°05'16" E a distance of 64.07' to a point; thence, along Lot #37 S 61°05'51" E a distance of 125.00' to a point on the northern right-of-way of Pine Creek Drive; thence, along the right-of-way by a curve to the right having a radius of 350.00', an arc length of 100.00' and a chord bearing of S 37°05'16" W with a chord length of 99.66' to a point, the place of BEGINNING. Conta'ming 10,366 sq. ft. (0.24 acres)