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HomeMy WebLinkAbout12-2113Stipulations Against Liens ?-7 n the Gaurt f Gammon dear Gaunlp of Andrew D. Shingle and NicaleA Cumberland Shingle Owners c Classic Communities Docket Number ad l ail Contractor Page Number male: /Vla1-ch I(o, aola , Pennsylvania e4vd Term 20 CWlrcmeas, Classic Communities ("Contractor") of , has entered into a contract with Andrew D. Shingle and Nicole M. Shingle ("Owner") of 1610 Chatham Road, Camp Hill, Pa 17011, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 944 Norland Street, Lot 1, Mechanicsburg, PA 17050 Upper Allen Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Andrew D. Shingle and Nicole M. Shingle are the title holder of record; and Ct?- hercar, 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. man; ?Z?his -?qr ew CWVnesseth: 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. -And 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. -And, 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: sog? - a4v ndrew D. Shin e Nicole M. Shingle Class! Communities 01 - ??? a??? File No. 12062 ALL THAT CERTAIN Unit, being Unit No. 1 (the "Unit"), of Orchard Glen, A Planned Community (the "Community"), such Community being located in Upper Allen and Lower Allen Townships, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Covenants and Restrictions for Orchard Glen, A Planned Community (the "Declaration") and Declaration Plats and Plans recorded as an exhibit thereto in the Office of the Cumberland County Recorder of Deeds as Instrument No 201121281, together with any and all amendments thereto. TOGETHER with the undivided Allocated Interest appurtenant to the Unit as more particularly set forth in the aforesaid Declaration, as last amended. TOGETHER with the right to use Limited Common Elements appurtenant to the Unit being conveyed herein, if any, pursuant to the Declaration and Declaration Plats and Plans, as last amended. UNDER AND SUBJECT to the Declaration, the Declaration of Covenants, Conditions and Easements for Orchard Glen, A Planned Residential Development recorded in the Office of the Cumberland County Recorder of Deeds as Instrument No. 201121260, the Declaration of Master Association for Orchard Glen, A Planned Residential Development, recorded in the Office of the Cumberland County Recorder of Deeds as Instrument No. 201121259, and to any and all other covenants, conditions, restrictions, rights-of-way, easements and agreements of record in the aforesaid Office; and to matters which a physical inspection or survey of the Unit and Common Elements would disclose. THE GRANTEE, for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by the acceptance of this deed, covenants and agrees to pay all assessments, fees and/or charges as may be assessed against him, her, them, it, or against the said Unit, from time to time by the Executive Board of the Orchard Glen Homeowners Association, Inc. and/or the Executive Board of the Orchard Glen Master Association in connection with the Community and/or Orchard Glen, A Planned Residential Development, in accordance with the Pennsylvania Uniform Planned Community Act, 68 Pa. C.S. 5101 et seq. (the "Act"), and further covenants and agrees that the Unit conveyed by this deed shall be subject to a lien for all amounts so assessed, except insofar as Section 5407(c) of the Act may relieve a subsequent unit owner of liability for prior unpaid assessments. This covenant shall run with and bind the Unit hereby conveyed and all subsequent owners thereof.