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Home My WebLink About12-2427:r TLEfty ta;tiJ?? 20 12 APP 19 PM 2` 01 cUMBERLAND GQU4NT Y STIPULATION AGAINST LIENS PENNSYLVANIA -,2 41? 7W/1 Z?) THIS AGREEMENT made the 19`" day of April, 2012, by and between, Midstate Roofing and Coating, Inc., with principal place of business at, 94 E. Railroad Drive, Belleville, PA 17004, hereinafter referred to as "CONTRACTOR", and Cumberland County, 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "OWNER", whereby the former undertook and agreed to furnish all of the materials and installation of a Sure-Weld, 60 mil, White, Fully Adhered Metal-Retrofit Roofing System per the project specifications on the building located on that certain tract of ground situate in Cumberland County, Pennsylvania, being known as 1601 Ritner Highway, Carlisle PA, as more fully described in the attached deed, NOW, THEREFORE, THIS AGREEMENT WITNESSETH: That the said CONTRACTOR, for and in consideration of the sum of One ($1.00) Dollar to it 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 itself, its subcontractors and others under it hereby expressly waives and relinquishes 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. _4 og V. 00 /9 C/ C.. as 4 ,?97V0,;P,0 WITNESS our hands and seals this 19`h day of April, 2012. WITNESS: OWNER: Cumberland County ion; Chief Clerk WITNESS: CONTRACTOR: Midstate Roofing and Coating, Inc. Prepared by: O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Parcel ID 4 50-08-0579-014D This Indenture, made this 29 day of D«t -L.r , 2009, Between I ikiii RUFE CHEVROLET, INC., a Pennsylvania business corporation, Debtor, with principal offices at 1601 Ritner Highway, Carlisle, of Cumberland County, Pennsylvania, (hereinafter called the Grantor, of the one part, and CUMBERLAND COUNTY, a County of the Fourth Class, and instrumentally of the Commonwealth of Pennsylvania, of One South Hanover Street, Cumberland County, Pennsylvania, (hereinafter called the Grantee of the other part, Witnesseth, that the said Grantor for and in consideration of the sum of Two Million and 00/100 Dollars ($2,000,000.00) lawful money of the United States of America, unto them well and truly paid by the said Grantee, at or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, has granted, bargained and sold, released and confirmed, and by these presents does grant, bargain and sell, release and confirm unto the said Grantee: ALL THAT CERTAIN piece or parcel of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, designated as Parcel No. 1 on a certain Land Subdivision Plan for Ritner Park Associates, dated October 31, 1978, and recorded in Cumberland County Plan Book 34, Page 71, bounded and described in accordance with said Land Subdivision Plan, as follows, to wit: BEGINNING at an iron pin in the northern right-of-way line of U.S. Route 11 (a 50 foot wide right-of-way) at the dividing line between the premises herein described and lands now or formerly of C.H. Masland & Sons; thence along the line of said U.S. Route 11, South 71 degrees 15 minutes West, a distance of 500.06 feet to a point; thence, North 17 degrees 50 minutes 30 seconds West, a distance of 882.93 feet to a point; thence, North 72 degrees 9 minutes 30 seconds East, a distance of 500.00 feet to a point in the line of lands now or formerly of C.H. Masland & Sons; thence along said line, South 17 degrees 50 minutes 30 seconds East, a distance of 875.00 feet to an iron pin, being the point and place of BEGINNING. CONTAINING 10.089 acres, more or less BEING the same premises which Cumberland County Industrial Development Authority, by Deed dated July 7, 1999 and recorded December 1, 2000 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 235, Page 367, granted and conveyed unto Rufe Chevrolet, Inc., Grantor herein. Pursuant to Chapter 11 bankruptcy proceedings filed by Rufe Chevrolet, Inc., docketed to the United States Bankruptcy Court For The Middle District Of Pennsylvania, Case No. 1:09-bk-01513, the Debtor Corporation, Grantor herein, sought approval for the sale of the aforesaid real estate, which Court approval was granted by Court Order entered on December 10, 2009 and identified as an Order To Sell Real Estate Located At 1601 Ritner Highway, Carlisle, Cumberland County, Pennsylvania Free And Clear Of All Liens And Encumbrances, a copy of said Order is attached as Exhibit A UNDER and SUBJECT, NEVERTHELESS, to all easements and matters of record which a physical inspection and competent survey of the premises would disclose. Together with all and singular the buildings and improvements, ways, streets, alleys, driveways, passages, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever of them, the said Grantor, as well at law as in equity, of, in and to the same. To have and to hold the said lot or piece of ground described above, with the buildings and improvements thereon erected, hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantee, its heirs and assigns, to and for the only proper use and behoof of the said Grantee, its heirs and assigns, forever. And the said Grantor, for itself and its heirs, executors and administrators, do, by these presents, covenant, grant and agree, to and with the said Grantee, its heirs and assigns, that it, the said Grantor, and its heirs, all and singular the hereditaments and premises herein described and granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantee, its heirs and assigns, against it, the said Grantor, and its heirs, will warrant and defend against the lawful claims of all persons claiming by, through or under the said Grantor but not otherwise. In Witness Whereof, the parties of the first part have hereunto set their hands and seals. Dated the day and year first above written. Sealed and Delivered IN THE PRESENCE OF US: RUFE CHEVROLET, INC. SEAL} By: Earl L. Schorpp, H, President and Secretary ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200942866 Recorded On 12/29/2009 At 3:43:45 PM * Instrument Type - DEED Invoice Number - 58418 User ID - KW * Grantor - RUFE CHEVROLET INC * Grantee - CUMBERLAND COUNTY * Customer - CLT * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $12.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CARLISLE AREA SCHOOL $0.00 DISTRICT CARLISLE BOROUGH $0.00 TOTAL PAID $63.00 * Total Pages - 6 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA K? dp C v° p RECORDER O D DS 17'80 ? * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. III IIIIIIIIIIIIUIVI