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HomeMy WebLinkAbout12-5535 `Stipulations Against Liens File Number 12-36516C ~ ~.•.T fl~k~~"jQ~}~„ , . ~ , i~ CHARTER HOMES AT VERSANT, n ~ P In.#he~~t ~~ommon Pleas County of INC., A PENNSYLVANIA ;:~1 i ~ S CORPORATION ~~~r,~~ ~ `w' Owner ^?,f; i~3Gi~~'S"t'L ,Pennsylvania Docket Number 1 Ot - ss 3S r~ ~ Term 19 CHARTER HOMES BU/LD1MG Page Number COMPANY Clontractor Whereas, on this 30th day of August, 2012, CHARTER HOMES BUILDING COMPANY ('Contractor") of 1190 DILLERVILLE ROAD, LANCASTER, PA 17601 has entered into a contract with CHARTER HOMES AT VERSANT, INC. ("Owner") of 1190 DILLERVILI_E ROAD, LANCASTER, PA 17601 for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of grjound known as 5024 AMELIA'S PATH WEST, LOT 8, VERSANT, MECHANICSBWRG, PA 17050, Hampden Township, Cumberland, PENNSYLVANIA described in Exhibit "A" hereof, of which CHARTER HOMES AT VERSANT, INC. is the title holder of record; and Whereas, it is the intention of pwner 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 skid erection or construction, and that the right of anyone to claim any such lien be waived hereby. Now, This Agreement Witnes~eth: That Contractor, for and in consideration of the contract aforesaid and the considerations mentioned the~~under, as well as the further consideration of One Dollar ($1.00} to it in hand paid by the Owner at or before the sealin~ and delivery of these presents, the receipt of which is hereby acknowledged, and intending to be legally bound hereby, d ds hereby covenant, promise and agree, for Contractor and any and all subcontractors, materialmen, laborers and pa ies acting for, through or under Contractor, that no mechanics' lien or claim or other lien or claim of any kind whatsoever hall be filed or maintained against the building, improvements, lot of ground or any part hereof, or the curtilage or curt lages appurtenant thereto by anyone, and that all subcontractors, materialmen and laborers shall look to and hold Contrac br personally liable for all subcontracts, materials furnished and work and labor done. And this agreement, waiving tote right of lien by anyone, shall be an independent covenant and shall operate and be effective with respect to work one and materials furnished under any supplemental contract for extra work in the erection, construction and completion o the building as well as to any work and labor done and materials furnished under the contract aforesaid. And, in order to give the Own r full power and authority to protect Owner and the building, improvements and lot of ground, against any and ail cl ims filed by Contractor or anyone acting under or through Contractor in violation of the foregoing covenant, Contract r hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pen Sylvania 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 nam~ of any one or more of them against the building, improvements, lot of ground or any part thereof, and, for such act or a ts, this shall be good and sufficient warrant and authority, and a reference to the Court, Term and Number in which thi'~ 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 hand and'seal the day and year aforesaid. Signed and sealed in the presence of: CHARTER HOMES AT VERSANT, INC., Owner BY: J ON D. GROPE, Vic. -President CHARTER HOMES BUILDING COMPANY, Contractor By: JA N D. GROPE, Vice-P esident ~ay~p°°~ WINSLETT STiP-FOLKS C ~ ! (oS ~2~a8aa~ s _ ~ File 13'0. 12-36516CDFN ALL THAT CERTAIN parcel of real estate, situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, being; UNIT Number 8 of Versant at Pinehurst, a Condominium as established by the filing of Declaration of Condominium for Versant fat Pinehurst, a Condominium as recorded in the Office of the Recorder of Deeds in and for Cumberland Coun y, Pennsylvania in Misc. Book 689, Page 940 with Plat recorded in right-of way Plan Book 13, Page 14; First mendment in Misc. Book 699, Page 4852 with Plat recorded in right-of'-way Plan Book 13, Page 46; Secon Amendment in Misc. Book 701, Page 2753 with Plat recorded in right-of-way Plan Book 13, Page 47; Third mendment in Misc. Book 705, Page 2465 with Plat recorded in right-of-way Plan Book 13, Page 52; Fourth Amendment in Misc. Book 705, Page 4717; Fifth Amendment in Misc. Book 705, Page 4866 with Plat reco ded in right-of-way Plan Book 13, Page 55; Sixth Amendment in Misc. Book 713, Page 761 with Plat record d in right-of-way Plan Book 13, Page 72; Seventh Amendment in Misc. Book 713, Page 1879 with Plat recor ed in right-of-way Plan Book 13, Page 74; Eighth Amendment in Misc. Book 714, Page 3466 with Plat recorded in right-of-way Plan Book 13, Page 81; Ninth Amendment in Misc. Book 725, Page 2125 with Plat recorded in right-of-way Plan Book 13, Page 134; Tenth Amendment in Misc. Book 731, Page 15 with Plat recorde in right-of-way Plan Book 14, Page 14; Eleventh Amendment in Misc. Book 733, Page 1502 with Plat recor ed in right-of-way Plan Book 14, Page 28; Twelfth Amendment in Misc. Book 733, Page 1508 with Plat reco ed in right-of-way Plan Book 14, Page 29; Thirteenth Amendment in Misc. Book 735, Page 329 with Plat corded in right-of-way Plan Book 14, Page 36; Fourteenth Amendment in Misc. Book 736, Page 4542 wit Plat recorded in right of way Plan Book 14, Page 43; Fifteenth Amendment in Instrument No. 2007329 ~ with Plat recorded in Instrument No. 200732982; Sixteenth Amendment in Instrument No. 20080627 with Plat recorded in Instrument No. 200806276; Seventeenth Amendment in Instrument No. 20083961 with Plat recorded in Instrument No. 200839614; and Eighteenth Amendment in Instrument No. 2012049701with Piat recorded in Instrument No. 201204970, and as may be further amended. WIIVSLETT ST{P-FOOKS