Loading...
HomeMy WebLinkAbout10-2217 Marc, 99/ ) o/ D Stipulations Against Liens Owner HOME DESIGNS UNLIMITED, LLC Contractor N n c? C. n n In the Court of Common Pfeag Countp 1QJ I-? Cumberryd PenAwylt?d Docket Number to - aalI -ermr Page Number C:? C? Whereas, HOME DESIGNS UNLIMITED, LLC ("Contractor") of P.O. Box 387 New Kingston, PA 17072, has entered into a contract with ?ic?ge gr??(?i \' -`q4% ("Owner") Of 5Q_H0rJPP 3UC l pn_Ic PA for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot #15 Olde Forge Station, South Middleton Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which u.?lgg _L }_( ?I]caral?`t? Oct+ are the title holder of record; and Wberea5, 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. Pow, !Zbi!5 Rgreement UMVIC15.50b: 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. Ztnb 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. Rub, 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: X011. oo PA A-frY ChrMcOwr Pie eke /(,So Z' a39176fo HO ESIGNS UNLIMITED, LLC By David R. Thompson, bar L . .4&,. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS On this, the 29`h day of March, 2010, before me, a Notary Public, personally appeared David R. Thompson, known to me to be the person whose name is subscribed, and who acknowledges himself to be a Member of Home Designs Unlimited, LLC, a Pennsylvania limited liability company, and that he as such Member, being authorized to do so, executed the foregoing statement for the purposes therein contained by signing the name of the limited liability company by himself as said Member. In witness whereof I have hereunto seZhan d notarial seal. Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Victoria L. Otto, Notary Public Carlisle Borough, Cumberland County My commission expires December 20, 2010 COMMONWEALTH OF PENNSYLVANIA ) ): ss. COUNTY OF CUMBERLAND ) On this, the, day of March, 2010, before me, the undersigned officer, personally appeared, Michel E. Seibert and Maribeth Wilt-Seibert, known to me or satisfactorily proven to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. otary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Victoria L. Otto, Notary Public Carlisle Borough, Cumberland County My commission expires December 20, 2010 Exhibit "A" (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: BEGINNING at a point on the northern right-of-way line of Bellows Drive (50 foot right-of- way, 32 foot cartway), said point being at the southwest corner of Lot No. 16 on the hereinafter mentioned Plan of Lots; thence by the northern right-of-way line of Bellows Drive by a curve extending to the left in a westerly direction having a radius of 225.00 feet, an arc length of 76.69 feet with a chord bearing of North 58 degrees 40 minutes 28.2 seconds West a distance of 76.319 feet to a point at Lot No. 14 on the hereinafter mentioned Plan of Lots; thence by Lot No. 14 North 21 degrees 33 minutes 29 seconds East, a distance of 167.92 feet to a point at land now or late of Froelich & Company Incorporated; thence by land now or late of Froelich & Company Incorporated South 86 degrees 57 minutes 10 seconds East, a distance of 166.78 feet to a point on Lot No. 16 on the hereinafter mentioned Plan of Lots; thence by Lot No. 16 South 41 degrees 05 minutes 15 seconds West, a distance of 248.09 feet to a point at the northern right-of-way line of Bellows Drive, the point and place of BEGINNING. BEING Lot No. 15 on a Final Subdivision Plan for Phase I of Olde Forge Station, as recorded in Cumberland County, Instrument No. 200827999 and containing 22,442 square feet. BEING PART OF THE SAME PREMISES which Olde Forge Station, LLC, a Pennsylvania limited liability company and Home Designs Unlimited, LLC, a Pennsylvania limited liability company, by Deed dated March 29, 2010, and intended for recording immediately prior hereto in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed to Michael E. Seibert and Maribeth Wilt-Seibert.