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HomeMy WebLinkAbout04-4821Stipulations Agsins! Liens Mah.mood Saand and Henriet: Toth Eldon Marti~ Bailder. In thc Court of Common Pleas County of Camberland Docket Number Page Number Pennsylvania LO Term 19 I/ghereas, Eldon Martin Builder ('Contractor") of 8467 Rowe Run Road. Chambersburg, PA 17201 has entered into a contract with Mahmood Seand and Henriett Toth ("Owner") of for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 408 William Drive, Shippensburg, PA 17257, Borough of Shippensburg, Cumberland County, PENNSYLVANIA described in Henriett Toth is the title holder of record; and Exhibit "A" hereof, of which Mahmood Seand and Whereas, 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 or materials fummhed n the said erection or constru · ~. to Con_tr~_,_ct~r or by Contractor to any subcontractor for la r hereby. ' ' ctmn, ...d that the nght of anyone to claim any such lien be waived bo Now, This Agreement Wit~esseth: That Contractor, for and in consideration of the contract aforesaid and the considerations mentioned thereunder, aa 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 Conlractor and an,y and all subcontractors, matorialmen, aborers and parties acUng 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 curfilages appurtenant thereto by anyone, and that all subcontractors, matarialmen and laborers shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done. And this agreement, waiving the right of lien by anyone, shall bo an ind coe~nst iruV~i~w~.L~spact ~ ..work done and materials furnished under .....e._p~_,n_d_ent .c?vena. nt and shall operate and be ..... .,.au. ~.u completion of the buildinn as wall -- · .......... ..~ ~.uypJe.menra~ contract for extra work in th ' contract aforesaid. = o= u~ ..y w~m uno laoor Oone and materials furnished undeTtl~erecU°n' And, in order to give the Owner fuji 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 empowara 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 ramise, release, and quit claim all rights and all manner of errors, defects and imperfections whatsoever in entedng such satisfaction of in anywise touching or concerning the same. Witness our hand and seal the day and year aforaea/d. ~/~._~.~' Signed and sealed in the presence of: ~ ~ Henriett ~ NOTARIAL SEAL ... Jern~ A. Weiglr:. Notary Pubhc -'.nlppens~urg, p/~ C,~mberla,~l County My Commission Expires October 7, 2006 File No. 0413gOTOTH ALL mat certain Uact of land situate in thc Borough of Shippensburg, Cumberland County, Pennsylvania, more p~articularly bounded and described as follows: BEGINNING at point on the southern edge of William Drive at common comer of Lot 4A and Lot 35 as shown on subdivision plan of Hallwood Heights West, Phase III; thence along the southern edge of William Drive, South 48 degrees 04 minutes 54 seconds East, a distance of 100 feet to a point; thence along Lot 36, South 41 degrees 55 minutes 06 seconds West 121.00 feet to a point; thence along other lands now or formerly of(} & C Associates, North 48 degrees 04 minutes 54 seconds West, 100.00 feet to a point; thence along Lot 34 and Lot 34A, North 41 degrees 55 minutes 06 seconds East a distance of 121.00 feet to a point, the point and place of BE(}INNING. BEING all of LOt 35 and 35A as shown on a subdivision plan of Hallwood Heights West, Phase III, dated March 23, 2000 and recorded in the Recorder of Deeds Office, Cumberland County, Plan Book 81, Page 4, known as numbered as 408 William Drive, Shippensburg, Pennsylvania. CONSISTIN(} of 0.3195 acres, more or less.