HomeMy WebLinkAbout09-0996• s
Stipulations Against Liens
HOME DESIGNS UNLIMITED, LLC
Owner
HOME DESIGNS UNLIMITED, LLC
Contractor
JANUARY 27, 2009
~1u t~je court of ~Commou ~I:eag ~Couutp of
Cumberland
Docket Number dQ - QQ` /I')~
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 117, 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
~~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.
.~obn, ~Gtjf~ ~greemeut ~ftueg~et~j: 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.
dub 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.
~Itb, 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:
HOME IGN UNLIMITED, LLC
BY
DAVID R. TROMPS
HOME I NS UNLIMITED, LLC
DAVID R. THOM SON
.._
File No. 28805-E-HOMEDES
B>~GINNING ~. point ors dae aoul~ern righ~of-~-ay was of west. Drove, (a flRy-
foot rigEr~o~f w0y}, sdd Po3Mt beams, gd tl~ lbll4wi»Q tvw (~ aomscs 8~qa tie termirn» of a
cunro ooruae fiat sou- rie~-vyyr w>o of W~stg~dda Ddv~I- with the a rl~oi',way
line of Parkwety Dr~+e ti) by a crow ~ tbee tom. bar-~ag a rs of on, thow~ad nine hundred
SCYI~ty-~ f!d ~,"1~~. 11,1. #~E!Rr.. ~Q~' !'~~ f>~ ~'IfI~!' ~t
~~~~ ~~~a
poiuot of Eby f 11~; - y ~. ~ &rc ts'
11 ° 10~ 4r~" , # dispreas a~twe! ~ ~>~ ash t~±a~~ ~~ pet ~t~11 ~ to s
poaat ova the li~aer of ` Lvt Na. I06 ~ ~. ~ : ~y No..106 +m~ 103
r~1~, .~1111f~ NV'e~ dew. ~ ~! srQQpd~ 'oVest +(~ 76"' II'' eQ"' W~, ~
4~ ~ ~01R ~0_ ~~ b. ft 1 by ~,at. N0. t ~ ~ North
Clw+eap ~~C~~~'~ ~ ~ ~~ ~~ ~ O~~ ht~r~dred
foa~w+'en sad s~r~eigbt ~~~~ to M poiatt oat tb~ souk ~'a'~9! liae
of wcst~ ~ claoa~ ~ ~ lio~aeeX ling o~r~, VVa Drs, Nam
xwnty~i~de~aga. tltirtir a~at ~pd# Bat lJV 7d° 3a' ®!" 8j, a di~oe of ei~6ty
feet {~,d0~ to # point, the plaq of A1~CltT6i.
CQNTAINFNQr 19,712.37 sq tt os 4.455 euores.
BANG Lot No.117 of the Finat Subdivision Plan of 'OVestgate I}eveZopmeat, Mt dolly
Spain, Cumbeslsnd County, P~ylvuaii
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,
Page 2008-686, granted and conveyed unto HOME DESIGNS UNMLIMITED, LLC, Mortgagor herein.
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