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HomeMy WebLinkAbout04-2639STIPULATIONS AGAINST LIENS Cleason F. & Rosanne M. Zimmerman Owner vs North East Ag Contractor In the Court of Common Pleas, County of , Pennsylvania Number: ~.~ Z~... ~ ~ ,~,~ /YI/.~ Term, WHEREAS, Cleason F. & Rosanne M. Zimmerman of 5 Blue Pond Rd., Newville to execute contemporaneously herewith, a contract, with of for the erection of a Pullet Growing House North East Ag , Pennsylvania, is about building upon a lot of land situate SEE ATTACHED EXHIBIT "A" NOW, ~/I ~. ~, /~/' ~ /_..c~(./ , at the time of and immediately before the execution of the principal contract, and before any authority has been given by the said Cleason F. & Rosanne M. Zimmerman to the said North East Ag to commence work on the said building, or purchase materials for the same in consideration of the making of the said contract with North East Ag and the further consideration of One Dollar, to North East Ag paid by Cleason F. & Rosanne M. 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 purchased for the erection of said building, the right to file such liens being expressly waived. WITNESS, our hands and seals the day and year aforesaid. SIGNED AND SEALED IN THE PRESENCE C} } A- 125 (9/18/97) C,f~o/j.~z..~.,.~..~,son F. Zimmerma LEGAL DESCRIPTION ALL THOSE TWO CERTAIN tracts of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: PARCEL NO. 1: BEGINNING at the Southeast comer of Lot No. 2 on the hereinafter mentioned subdivision plan and on line of land formerly of Crain Iron Company, now or formerly of Albert L. Leo; thence by said land along Beetem road (Township Road T-350), South 6 degrees East 275.78 feet to a point; thence continuing by said land, South 42 degrees 25 minutes East, 1,620.30 feet to a post on line of land formerly of James Saltgiver, now or formerly of Louis R. Fisher; thence by said land and land now or formerly of Phillip Avery and Robert Alleman, South 87 degrees 10 minutes West, 2,517.90 feet to a pine stump in the Blue Pond Road (Township Road T-348); thence by said Blue Pond Road, North 3 degrees 25 minutes West, 689.70 feet to a post; thence by the same, North 3 degrees West, 133.65 feet to a post; thence by the Pine Road (Township Road T-350), North 31 degrees East, 313.50 feet to a post; thence by the same, North 26 degrees 50 minutes East, 462.0 feet to a point; thence by the same, North 62 degrees 10 minutes East, 647.6 feet, more or less, to the northwest comer of Lot No. 2 on the hereina~er mentioned subdivision plan; thence by the same, South 6 degrees East, 264.50 feet to an iron pin; thence by the same, North 84 degrees East, 472.18 feet to a point, the place of BEGINNING. CONTAINING 64.4 acres, more or less, and being Lot No. 1 on a minor subdivision, prepared by Stephen G. Fisher, Registered Surveyor, dated March 14, 1983, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 43, Page 54. LESS, HOWEVER, all of Lot No. 3 as shown in Plan Book 54, Page 21, which leaves a total of 60.4 acres in Parcel No. 1. UNDER AND SUBJECT, to the grant of an Agricultural Conservation Easement to the Commonwealth of Pennsylvania in perpetuity, by Deed of same dated Janua~ 19, 2000 (which was anticipated by Agreement concerning same recorded in Cumberland County Miscellaneous Book 632, Page 73) which Deed is recorded in Cumberland County Miscellaneous Book 636, Page 294, ail of which is incorporated herein by reference as fully as if the same were set forth herein in its entirety and a copy of which has been provided to Grantees. BEING the same premises which Clyde W. Barrick and Victor G. Barrick, by Deed dated November 30, 1999 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book Volume 212, Page 389, conveyed unto Daniel M. Zimmerman and Erla N. Zimmerman, husband wife, Grantors herein. PARCEL NO, 2: ALL THAT CERTAIN tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as a lot addition to Parcel No. 1, in accordance with a Plan prepared by Eric L. Diffenbaugh, RPLS, dated November 11, 1995 and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 71, Page 90, as follows: BEGINNING at a point in eastern edge of T-348, Blue Pond Road, at comer of lands now or formerly of Cummingsville Farms; thence along lands now or formerly of Cummingsville Farms, South 88 degrees 55 minutes 09 seconds East, 524.24 feet to an existing iron pin; thence along lands ofPhillip H. Avery, South 00 degrees 06 minutes 14 seconds West, 260.49 feet to an existing iron pin; thence still along lands ofPhillip H. Avery, South 00 degrees 02 minutes 0 seconds West, 140.61 feet to an existing iron pin; thence along lands now or formerly of Lisa J. Markley and Dorothy M. Markley, North 89 degrees 48 minutes 34 seconds West, 250.00 feet to an iron pin set; thence along Lot No. 1 on said plan, North 00 degrees 08 minutes 14 seconds East, 344.99 feet to an iron pin set; thence still along Lot No. 1, North 88 degrees 55 minutes 09 seconds West, 274.43 feet to a point in eastern edge of T-348, Blue Pond Road; thence along Blue Pond Road, North 0 degrees 6 minutes 41 seconds East, 60.00 fee to a point, the place of BEGINNING. CONT NING 2.6892 acres and designated as Lot No. 2 on Plan of Gary L. Frenette. THIS lot was conveyed as a lot addition to other lands of Daniel L. Zimmerman situate on the north side of said lot so transferred, and is not to be sold separately. CROSS DEFAULT CLAUSE It is understood and agreed that a default under the terms of either this present mortgage or a certain mortgage{fa~Cleason F. Zimmerman and Rosanne M. Zimmerman and recorded at Mortgage Book , Page , in the Land Records of Cumberland County, Pennsylvania, shall constitute a default under the terms of both. AgChoice Farm Credit, ACA for itself and/or as agent/non~ne~'for AgChoice Farm Credit, FLCA is the legal holder of the obligation, bond or other evidence of debt secured by said mortgage.