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HomeMy WebLinkAbout09-3457Stipulations Against Liens L46 0 o(aTo-- 5(ol MAY 7, 2009 3n the Court of Common Vteag QCountp of OLDE FORGE STATION, LLC, A Cumberland PENNSYLVANIA LIMITED , Pennsylvania LL4BILITY COMPANY Owner OOOOVB HOME DESIGNS UNLIMITED, LLC Docket Number G g _ 3 y 357 im -4 -0 Term 20 Contractor Page Number r Wberea%, HOME DESIGNS UNLIMITED, LLC ("Contractor") of PO BOX 387 NEW KINGSTON, PA 17072, has entered into a contract with OLDS FORGE STATION, LLC, A PENNSYLVANIA LIMITED LIABILITY COMPANY ("Owner"), for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot #20 Old Forge Station, South Middleton Township,South Middleton Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Home Designs Unlimited, LLC is the title holder of record; and Vhereag, 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. ,hobo, otg Agreement Vitneggeth: 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 cartilage 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. Z[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. Z10, 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: OLDS FORGE STATION, LLC HOM E IGNS UNLIMITED, LLC, MEMBER B DAVID R. THOMPSON, M MBER CLASSIC COMMUNITIES CORPORATION, MEMBER BY , PRESIDENT HOME ESI NS UNLIMIT D, LLC BY DAVID R. THOMPS N, ME ER Stipulstims Against Uem OLDE FORGE STATION, LLC, A PENNSYLVANIA LIMITED LIABILITY COMPANY MAY 7, 2009 In the !Court of Common fittoo QCountp of Cw"berland Pennsylvania Owner HOME DESIGNS UNLIMITED, LLC cmlalw Docket Number Term 20 Page Number Dlhereas, HOME DESIGNS UNLIMITED, LLC ('Contractor") of PO BOX 387 NEW KINGSTON, PA 17072, has entered into a contract with OLDE FORGE STATION, LLC, A PENNSYLVANIA LIMITED LIABILITY COMPANY ("Owner"), for the erection or constriction of a SINGLE FAMILY DWELLING upon ft lot of ground known as Lot #20 Old Forge Station, South Middleton Township,South Middleton Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Home Designs Unlimited, LLC is the title holder of record, and Ihercas, 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. .30113, this 3Qrallutut 39itnesseth: That Contractor, for and in exinsideration of the coat W 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 subconvacxors, materialmen, laborers and parties acting for, through or under Contractor, that no mechanics' flan or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the buildling, improvements, lot of ground or any part hereof, or the curtilage or curtilages appurtenant thereto by anyone, and that all suboontraaom. materi ilmen and laborers shall took to and hold Contractor personally liable for an subcontracts, materials furnished and work and labor done. Itub 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. 211111, 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 umbel 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 authortty, and a reference to the Court, Tenn 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. OLDE FORGE STATION, LLC HOM IGNS UNLtMUTED, Lm MEMBER DAVID R. THOMP30N, MEMBER C TION, MEMBER CLASSIC- IT'IESN BY D?? 1 PRESIDENT Dwc £ E. HOME NSdUNLIM D, LLC BY ?l / c? DAVID R. THOMPSON , MEIIifbER ?- LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in South Middleton Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows to wit: Being Lot No 20 on the Final Subdivision Plan of Olde Forge Station Development, Phase 1. Plan recorded in Instrument Number 2008-27999. Ae 0% BEINGRhe same premises which John E. Anderson, also known as John Anderson and Pauline E. Anderson, husband and wife, by Deed dated February 25, 2008, and recorded February 28, 2008, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, as Instrument No. 200805742, granted and conveyed unto Olde Forge Station, LLC, a Pennsylvania limited liability company, Mortgagors herein. ALTA Commitment Schedule A (continued) FILE! "AR/ THE 2039 MAY 26 11--i. L:: d9 J, Ili , . for ,pd. &a/, ,o CJZ -23a? 8'.3 o? -7 5 6 -F7 cam,, a4 aella.11af-,7. ?.?.