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HomeMy WebLinkAbout04-1994STIPULATIONS AGAINST LIENS Reuben S. & Eva H. Zimmerman Owner vs Northeast Agri Systems, Inc. Contractor In the Court of Common Pleas, County of , Pennsylvania Number: O Y - /~ q ~ /t2j_z) , Term, WHEREAS, Reuben S. & Eva H. Zimmerman of 111 Mountain View Rd., Shippensburg to execute contemporaneously herewith, a contract, with of 139A W. Airport Rd., Lititz, PA 17543 for the erection of a Pullet House , Pennsylvania, is about Northeast Agri Systems, Inc. building upon a lot of land situate SEE ATTACHED EXHIBIT "A" NOW, 5-Apr 2004, at the time of and immediately before the execution of the principal contract, and before any authority has been given by the said Reuben S. & Eva H. Zimmerman to the said Northeast Agri Systems, Inc. to commence work on the said building, or purchase materials for the same in consideration of the making of the said contract with Northeast Agri Systems, Inc. and the further consideration of One Dollar, to Northeast Agri Systems, Inc. paid by Reuben S. & Eva H. Zimmerman , it is agreed that no lien shall be filed against the building by the contractor, or any sub-contractor, nor by any of the material men or workmen or any other person for any labor, or materials pumhased for the erection of said building, the right to fi~e such liens being expressly waived. WITNESS, our hands and seals the day and year aforesaid. D AND SEA~LEI~ THE PRESENCE C} R~PL-.uben S. Z,i~e~rman A-125 (9/18/97) Systems, Inc. SCHEDULE ALL the following described real estate, together with the improvements erected thereon, situate partly in South Newton Township and partly in Penn Township, more particularly bounded and described as follows: BEGINNING at a stake at the edge of the public road at the South side of the Subway of the P & R Railway at the intersection of the Pine Road and the road leading to the South Mountain; thence with the Pine Road along the Fish Pond, North Seventy-five and twenty-five hundredths (75.25) degrees East, twenty and six tenths (20.6) perches to a stake in the road at corner of tenament house property; thence South thirty-five and five tenths (35.5) degrees East, four and forty-five hundredths (4.45) perches to a Willow Tree; thence South forty-three and seventy-five hundredths (43,75) degrees East, twenty-five and twenty-five hundredths (25.25) perches to a fence post, being corner of the tenament house property and property now or formerly of Kemp M. Bell; thence with the said Bell property, South five and twenty-five hundredths (5.25) degrees West, twenty-eight and seven hundredths (28.07) perches to a fence post; thence by the same, South eleven and seventy-five hundredths (11.75) degrees East, ninety-four and eight tenths (94.8) perches to a lime stone at corner of land now or formerly of H. J. Brinkerhoff; thence with same seventy-three and seventy-five hundredths (73.75) degrees West, seventy-seven and three tenths (77.3) perches to a fence post at West side of public road leading to South Mountain; thence by lands now or formerly of the said H. J. Brinkerhoff, South forty-four (44) degrees West, fifty-four and two tenths (54.2) perches to a stake at lands now or formerly of R. Yocum; thence by same, North seventeen (17) degrees West, one hundred eighty and eight tenths, (180.8) perches to a stake on line of right-of- way of P & R Railroad; thence with the said right-of-way, North seventy-six (76) degrees East, seventy-one and eight tenths (71.8) perches to a railroad iron; thence North seventy-six (76) degrees East, forty (40) perches to a fence post; thence South nine tenths (.9) of a perch to a stake at the edge of the road, the Place of BEGINNING. CONTAINING one hundred twenty-eight (128) acres and one hundred forty-one (141) perches. LESS, HOWEVER, the following four (4) tracts of land previously conveyed: 1. Tract of land containing 19.52 acres conveyed to Rodney E. Aby by deed dated July 8, 1976, recorded in Deed Book "R", Vol. 26, Page 369; 2. Tract of land containing 15.3 acres conveyed to Amos H. Reif and Eva H. Reiff, husband and wife, by deed dated November 7, 1990, recorded in Deed Book "W", Vol. 34, Page 100; 3. Tract of land containing 1.668 acres conveyed to Henry S. Horst and Edna W. Horst, husband and wife, by deed dated September 1, 1989, recorded in Deed Book "E", Vol. 34, Page 392; and 4. Tract of land containing 2.966 acres conveyed to Florence Z. Horst by deed dated May 15, 1992, and recorded in Deed Book "R", Vol. 35, Page 97. BEING the same premises conveyed by Phares Z. Horst and Eunice H. Horst, husband and wife, by deed dated August 27, 1993 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book "M" Vol. 36 Page 940 unto Reuben S. Zimmerman and Eva H. Zimmerman, husband and wife, the mortgagors herein. It is understood and agreed that a default under the terms of this present mortgage or a certain mortgage to York Farm Credit, ACA by AgChoice Farm Credit, ACA successor in interest, for itself and/or as agent/nominee for AgChoice Farm Credit, FLCA and recorded at Recorder of Deeds Book 1393, Page 55 in the Land Records of Cumberland County, Pennsylvania, or a certain mortgage to AgChoice Farm Credit, ACA successor in interest, for itself and/or as agent/nominee for AgChoice Farm Credit, FLCA and recorded at Recorder of Deeds Book 1844, Page 1588 in the Land Records of Cumberland County, Pennsylvania, shall constitute a default under the terms of all. AgChoice Farm Credit, ACA for itself and/or as agent/nominee for AgChoice Farm Credit, FLCA is the legal holder of the obligation, bond or other evidence of debt secu red by said mortgage.