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HomeMy WebLinkAbout04-3744S TIP UL,4 TION ,4 G,4INS T LIENS THIS AGREEMENT made the 29th day of July, 2004, by and between KOSTYAK HOME BUILDERS hereinafter referred to as Contractor, and BRADLEY W. KOSTYAK and BARBARA A. KOSTYAK, husband and wife, hereinafter referred to as Owner, whereby the former undertook and agreed to erect and construct a custom built home on that certain lot of grotmd situate at Lot No. 78, Indian Hills-Section III, South Middleton Township, Cumberland County, Pennsylvania, known as more fully described in Exhibit "A" attached hereto and made a part hereof. NOW THEREFORE, WlTNESSETH: That the said Contractor, for and in consideration of the sum of ($1.00) Dollar to Contractor in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for themselves and their subcontractors, and all parties acting through or under them, covenant and agree that no mechanic's liens or claims shall be filed or maintained by them or any of them against the said buildings and the lot of ground appurtenant thereto for or on account of any work done or materials furnished by them or any of them under said contract or otherwise, for, towards, in, or about the erection and construction of the said buildings on the lot above described, and the said Contractor, for themselves, their subcontractors and others under them hereby expressly waive and relinquish the right to have, file, and maintain any mechanic's liens or claims against the said buildings or any of them, and agree that this instrument, waiving the right of lien, shall be an independent covenant. WITNESS our hands and seals this 29th day of July, 2004. Signed, Sealed and Delivered in thTresence if B ad W s ~wn r Contractor State of Pennsylvania County of Cumberland :SS On this, the 29th day of July, 2004, before me the undersigned officer, personally appeared Bradley W. Kostyak and Barbara A. Kostyak, husband and wife, known to me to be the persons whose names are subscribed to the within instrument, and who acknowledge themselves to be the Owners of Lot No 78, Indian Hills-Section III, Boiling Springs, Pennsylvania and that they as such owners, executed the foregoing statement for the purposes therein contained by signing their names. In witness whereof I have hereunto set rny ~d and notarial seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Tammie L. Peters, Notary Public South Middleton Twp. C~mbedand County My Corem ssion EXl~res SepL 9, 2007 J Member, Pennsylvania Association Of Notaries 2 State of Pennsylvania County of Cumberland SS On this, the 29th day of July, 2004, before me the undersigned officer, personally appeared Bradley W. Kostyak, the Sole Proprietor of Kostyak Home Builders, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument and acknowledged that he, as said Sole Proprietor, executed the same for the purposes therein contained. In wimess whereof, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Sea~ Tammie C. Peters, Notary Public j South Middleton Twp., Cumberland County My Commissio~ Expires Sept. 9, 2007 Member, PennsyNania Association Of Notaries LEGAL DESCRIPTION BEGINNING at a point on the northern right of way line of Chestnut Drive (a 50 foot right of way) at the point of the dividing line of Lot No. 78 and Lot No. 79 of the aforementioned Plan; thence along Chestnut Drive (a 50 foot right of way), South 05 degrees 56 minutes 44 seconds West, a distance of 100.00 feet to a point at the comer of LOt No. 77 and Lot No. 78 of the aforementioned Plan; thence along the dividing line of lot No. 77 and Lot No. 78, North 84 degrees 03 minutes 16 seconds West, a distance of 150.00 feet to a point; thence along Lot No. 78, North 05 degrees 56 minutes 44 seconds East, a distance of 100.00 feet to a point at the comer of Lot No. 78 and Lot No. 79 of the aforementioned Plan; thence along the dividing line of Lot No. 78 and Lot No. 79, South 84 degrees 03 minutes 16 seconds East, a distance of 150.00 feet to a point on the northern right of way line of Chestnut Drive (a 50 foot right of way), the point and Place of BEGINNING. CONTAINING 15,000.00 square feet. LOT No. 78 is subject to all applicable notations and conditions set forth by final subdivision plan approval of Indian Hills, Section No. III. Exhibit "A"