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HomeMy WebLinkAbout04-3949StipuIation Against Liens THIS AGREEMENT made the ~'~ day of August, 2004, by and between ELDON MARTIN BUILDER, of 8467 Rowe Run Road, Chambersburg, Pennsylvania, hereinafter referred to as Contractor, AND MICHELLE A. KUHN, single woman, of Mt. Holly Springs, Pennsylvania, hereinafter referred to as Owner, whereby the former undertook and agreed to erect and construct a single family dwelling on that certain lot of ground known as 821 Sandbank Road, Mt. Holly Springs, Dickinson Township, Cumberland County, Pennsylvania, further described in Exhibit "A" hereto attached. NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for and in consideration of the sum of ($1.00) Dollar to 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 ,,~-H~ day of August, 2004. WITNESS: ELDON MARTIN BUILDER Name: El~h J. n~a~C,r~ ' Title: 0 ~-~r' Contractor Mict~elle A. Kuhn, Owner Commonwealth of Pennsylvania County of Cumberland SS. On this, the ~'~' day of August, 2004, before me, a Notary Public, personally appeared ~dor~,g. (rh~urhrx , known to me to be the person whose name is subscribed and who acknowledges himself to be the of Eldon Martin Builder, and that he as such being authorized to do so, executed the foregoing statement for the purposes therein contained by signing the name of the company by himself as IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Notarial Seal 'IYicia L, Bailey, Noisy Public South Middloton Twp., Cumt~dand County My Commission Expires Sept.. 24, 2006 Notary P ublTc/ ~/ Commonwealth of Pennsylvania County of Cumberland :SS. On this, the ,,~N-, day of August, 2004, before me, the undersigned officer, personally appeared Michelle A. Kuhn, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Public Notarial Seal Tricia L. Bailey, Notmy Public ] Soulh Middleton Twp., Cumberland C~lnty L My Commission Expires Sept. 24, 2006 LEGAL DESCRIPTION ALL those two certain tracts of land ~vith the improvements thereon erected situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a point in the center of the public road leading from Pine Grove to Mount Holly Springs, which point is at line of land now or formerly of Charles Evans; thence by the center of the said public road, North 88 degrees 30 minutes East, 62 feet, more or less, to a point at the Northwestern comer of Tract No. 2 herein; thence by said Tract No. 2 herein, in a Southerly direction, 330 feet to a point; thence continuing by said Tract No. 2 herein, South 88 degrees 30 minutes West 110 feet to a point at line of land now- or formerly of William Otto; thence by said land and land now or formerly of Charles Evans, North 15 degrees 30 minutes East 330 feet to a point; the place of BEGINNING. TRACT NO. 2: BEGINNING at a point in the center of the public road leading from Pine Grove to Mount Holly Springs at the Northeastern comer of Tract No. 1 herein; thence by the center line of said public road, North 88 degrees 30 minutes East, 107 feet to a point at line of land now or formerly of Alfretta Sanno; thence by said lands now or formerly of Alfretta Sanno the following four courses and distances: (1) South 8 degrees 45 minutes West, 61 feet; (2) South 23 degrees 30 minutes West, 220 feet; (3) South 69 degrees 30 minutes East, 35 feet to a stone; (4) South 10 degrees West, 426.5 feet to a stone at line of lands now or formerly of William Otto; thence by said lands now or formerly of William Otto, North 88 degrees 15 minutes West 219.5 feet to a point; thence continuing by same, North 15 degrees 30 minutes East, 380 feet to a point at the Southwestern comer of Tract No. 1 herein; thence by said Tract No. 1 herein, North 88 degrees 30 minutes East, 110 feet to a point; thence by same, in a Northerly direction, 330 feet to the center of the said public road, the place of BEGINNING. Exhibit "A"