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Home My WebLink About08-6952.~ Stipulations Against Liens Home Designs Unlimited, LLC Owner Home Designs Unlimited, LLC November 1g,, 2008 ~1n tfje ~uurt of ~ummnn ~Iea~ ~uuntp of Cumberland Pennsylvania Docket Number ~ ~ ~ ~ 9 sOZ' ~ ~ ~ Term 20~ ~ Contractor Page Number ~fjerea~, Home Designs Unlimited, LLC ("Contractor") of PO Box 387, New Kingstown, Pa 17072, has entered into a contract with Home Designs Unlimited, LLC ("Owner") of PO Box 387 New Kingston, Pa 17072, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot #85 Indian Hills, Boiling Springs, PA 17007South Middleton Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Home Designs Unlimited, LLC is the title holder of record; and ~tjerea~, 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. bubo, aC~ji~ ~greernent ~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. ~nb 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. Signed and sealed in the presence of: LEGAL DESCRIPTION ALI~THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, Lot '~ No. 85 on the Final Subdivision Plan of Indian Hills-Section No. 3, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 86, Page 126, the same being numbered as more particularly described as follows: BEGINNING at a point on the eastern right of way line of Evergreen Drive (a 50 feet wide right of way) at the dividing line between Lot No. 84 and Lot No. 85 of the aforementioned Plan; thence along the dividing line between Lot No. 84 and Lot No. 85, North 01 degrees 02 minutes 00 seconds East 149.30 feet to a point; thence along the dividing line between Lot No. 85 and Lot No. 98, North 89 degrees 50 minutes 23 seconds East 28.48 feet to a point; thence continuing along Lot No. 85 and Lot No. 97, North 88 degrees 49 minutes 27 seconds East 73.58 feet to a point; thence along the dividing line between Lot No. 85 and No. 97, South 01 degrees 02 minutes 00 seconds West 152.73 feet to a point; thence along the dividing line between Lot No. 85 and the western right of way line of Evergreen Drive (a 50 feet wide right of way) North 88 degrees 58 minutes 00 seconds West 102.00 feet to a point and place of BEGINNING. CONTAINING 15,384.96 Square feet. BEING the same premises which Gladys M. Shugart, widow, by Deed dated August 27, 1992, and recorded August 27, 2002, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Book V35, Page 902, granted and conveyed unto Dickinson Estate, a partnership, consisting of Chester J. Acker, Donald. BEING the sam premises which Dickinson Estates, a Pennsylvania general partnership by their Deed dated ~~~~i~ ~'~ ,2008 and about to be recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, granted and conveyed unto Home Designs Unlimited, LLC, Mortgagors herein. ALTA Commitment Schedule A (continued) ~( hV w ~~ ^\ Jh~ C c> n ti -x,7 fS~, C'j `~ Ce'... t'~ ,~ ~ ~ ~ J r..i,J S y ?_ ~ ~ti - - _i .,,~