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HomeMy WebLinkAbout11-0217~~oll-~~~ ~L~ Stipulations Against Liens January 6, 2011 ~tt tfje QCourt of ~Commott ~[eag ~outttp of Home Designs Unlimited, LLC Cumberland Pennsylvania Owner Home Designs Unlimited, LLC Docket Number Term 20 Contractor Page Number ~fjereag, Home Designs Unlimited, LLC ("Contractor") of PO Box 1005, New Kingston, Pa 17072, has entered into a contract with Home Designs Unlimited, LLC ("Owner") of PO Box 1005, New Kingston, Pa 17072, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot #27 Hawks Landing, Mechanicsburg, PA 17050, Hampden Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Home Designs Unlimited, LLC is the title holder of record; and ~Fjereas, 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. ,~obu, flt~jig ~greemettt ~tttte~~et>y: 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. ~ttb 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. ~ttb, 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 refer~ryce ~, the~ourt, Term and Number in which this instrument shall have been filed shall be a sufficient exhibit oft auffx3rity ff~erein contained to warrant such action, and the Contractor does hereby remise, release, and quit claim all ~~6s a~3alla~a~ner of errors, defects and imperfections whatsoever in entering such satisfaction of in anywise touchil~ cernTrh~:the same. r,~r.._ ~~ Witness our hands and seals the da and ear aforesaid. ~~ ~:~ ~"~ `=-' Y Y a~ z., Signed and sealed in the presence of: ,,, ~_ F,~w ~' .~ Home Designs Unlimited, LLC ~:=:.~ By /~ David R. Thompson, Me r Home Designs Unlimited, LLC By David R. Thompson, Member ~~ ~~~ a~- ~ Q.*~ a53s`~~ File No. 31116HOMEDESIGN LEGAL DESCRIPTION ALL THAT CERTAiIY lot of land situated along the northerly side of Peregrine Way, a SO-foot wide street, in the Township of Hampden, County of Cumberland, and Commonwealth of Pennsylvania, as the same appears as Lot 27 on a Revised Preliminary/Final Subdivision and Land Development Plan for Hawks Landing (Sheet No. 7 of 2S) having a latest plan revision data of October 27, 2005, prepared for Incite Development LLC by NAVTech Incorporated, New BloonrBeld, PA, Pmject No. OS 133 and said plan being recorded in the Recorder of Deeds Office for Cumberland County, PA in Subdivision Plan Book 93, Page 107, and all the lama being more Fully bounded and described as follows: BEG[NMNG at the southwesterly corner of the herein-described `tot, a point on the northerly right-of-way tine of Peregrine Way and said point being the southa~sterly corner of Lot 26; thence from the point of b~8. along said Lot 26, North 06 degrees 16 minutes 32 seconds Fast a distance of 153.08 feet to a point at the southwesterly corner of Lot 36; thence along said Lot 36 and along Lot 38, respectively, SouW 67 degrees S2 minutes 09 seconds East a distsu>ce of 149.41 feet to a point at the northwesterly cornac of Lot 28; thence along said Lot 28, South 04 degrees 47 minutes 07 seconds West a distance of 112.05 foot to a point on the northerly right-of-way lure of Peregritre Way; thence along the northerly right of-way line of Pagrine Way the following tvw courses and diistatrcxs: (1) along the arc of a 675.00-foot radius curve to the right, an arc distance of 17.62 feet to a concrete monument to be set, lira said curve subtended by a bearing of North 84 degrees 28 minutes 00 seconds West sad a chord distance of 17.62 feet (the curve information is not shown oa the c+ecorded plan); thence (2) North 83 degrees 43 minutes 08 seconds West a distance of 129.04 feet the point of ~B~g• CONTAIIYING: 19,229.39 square feet (0.441 acres) TOGETHER with and/or SUBJECT to the easements and/or restrictions as shown on the fine! pion sad also any other matters of record to the extent the same are in full force and effect. BEING part the same premises which Iris L. Rouse, widow, by Deed dated July 31, 2002, and recorded July 31, 2002, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Book 252, Page 4746, granted and conveyed unto Incite Devekpment, LLC, a Pennsylvania limited liability company and Donald H. Erwin and Patricia A. Provenzano, husband and wife. BEING the same premises which Incite Development, LLC a Pennsylvania Limited Liability Company and Donald H. Erwin and Patricia A. Provenzano, husband and wife by their Deed dated _,,,~~t 2011 and about to be recorded in the Office of the Recorder of Deeds in and for the County of Cum nand, Pennsylvania, granted and conveyed unto Home Designs Unlimited, LLC, Mortgagors herein. ALTA CommitrneM Schedule A (corrdnued)