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Home My WebLink About09-7846.J R. or b Stipulations Against Liens HOME DESIGNS UNLIMITED, LLC Owner HOME DESIGNS UNLIMITED, LLC Stu the (Court of Common fl[eag Q'Countp of Cumberland Docket Number Contractor /YO p e,,4 //i 1cv Page Number 0q-,18q(0 Mrs , Pennsylvania Term 20 Vbereag, 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 # 142, Westgate, 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 Vbereag, 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. AoW, Tbis; fgreement Vitue%getb: 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. Sub 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. Znb, 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 GNS UNLIMI D, LLC BY AVID R. THO SON, M BER HOME S NS UNLIMIT , LLC BY DAVID R. THOM SON, M BER .. w .0? File No. 28805-G-HOMEDES LEGAL DESCRIPTION fl d A All. CT'A US4.0 #tt do Township of South 1?diddlcton Township ad N4 ' 1 k p Boma h, oo? County, Cwwonwedtb of Pcnas ?lvani Icno?a as . u, yi 1 ? Vlt s Developmew prepared by Hartman Aseoek* a of whim is rocarded" la of Dosch Office of Cumberland County In Plan Haolk,Volusa ,94, Pap 54 ojLMIA ' Pv , bound*0 and described a fbllows: BEGMiING at a point on the northwra rigbtxot?way line of Westgate Dave (a fifty--foot right-of-way), said point being ? Norris scvgaay-ei;bt degrees, t i rty minutes, zero seconds Fast (N 78° 30100" L), a distance of out kung aid elgky and twenty-one hundredths feet (180.21) firom the tenWaus of a curve stns ri of-way line with the eastern right. of way line of White Oak Cirala; ft=t flam said art of $e61sts g by Lot No. 141 of Weetpm Devalopaa=4 Nm* devar degreesx -thirty mm a, =0 Second; West (N 11* 0, 00 " W), a dWume of two lamdred nitrateen and fifty hunilredibs fed (119.509 to a point on the southern right-of-way line of lands now or fometly of the ConsoIid?ed Bail Corporation (CONRAIL); theme by said ri&-of-wey line the Mowing two (2) comrsaa: (1) south sixty-two degrees, thirty-three mxtwtes, zero seconds Bast (Y6P 331 OQN 4), a disw= of eighty-one and sevmAy--six Wndreddis fret (81.769 to a point; (2) North seventy-four degrees, forty-two mimtes, ten seconds East (N 760 41110" B), a dWenoe of sixteen, and forty-five hundredths feet (16.45 ? to a point; theme by Lot No. 143, South elevan degrees, thirty minutes, mo seconds East (511 ° 30' 08" Fy, a distance of one hun4red sixty-nips and ainetem hundredths feet (16949} to a point on the northern right-of-way line of Westgate Drive; thence by tha nortbem nghbef-way line of Westgate Drive, South sevmty eigbt degrees, thirty m1m*w, zero seconds West (S 78° 30' 0011 P), a disamee of eighty feet (601,009 to a point, the place of BEGINNYNG. CONfAUIGNO 15,090.76 sq ft or 03464 acres. BEING Lot No. 142 of the Final Subdivision Plan of Westgate Development, Mt. Holly Springs, Cumberland County, Pennusylvama. BEING the same premises which KOLLAS AND COSTOPOULOS, A PENNSYLVANIA GENERAL PARTNERSHIP, by Deed dated May 16, 2007, and recorded May 21, 2007, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Book 280, Page 395, granted and conveyed unto CONSTANTINOS J. MALLIOS AND ELAINE MALLIOS, HIS WIFE. ALSO BEING THE SAME PREMISES which CONSTANTINOS J. MALLIOS AND ELAINE MALLIOS, HUSBAND AND WIFE by their 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, in Instrument No. 2008-686, granted and conveyed unto HOME DESIGNS UNLIMITED, LLC, A PENNSYLVANIA LIMITED LIABILITY CORPORATION, Mortgagors herein. ALTA Commitment Schedule A (continued) H- 2009 N0 V! 2 F i I: 05 4al.00 PO CC Ak CUFF Asir Acow.?Y !0G ct:Y a4s81 b* a3?383