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HomeMy WebLinkAbout13-0149~~ Stipulations Against Liens Home Designs Unlimited, LLC Home Designs Unlimited, LLC Owner DECEMBER 10, 2012 ~n tfje QCourtt of CCommon ~[ea~ ~loutttp of Cumberland Pennsylvania Docket Number ~~ " ~ Y ~ ~ ~~ Term 20 Contractor Page Number ~~jerea~, Home Designs Unlimited, LLC ("Contractor"), PO Box 1005, New Kingston, Pa 17072, has entered into a contract with Home Designs Unlimited, LLC ("Owner") of PO Box 1005, New Kingston, Pa 17072, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 220 Hope Drive, Lot No. 175 -Indian Hills, Boiling Springs, PA 17007South Middleton Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Home Designs Unlimited, LLC is the title holder of record; and ~fjereag, 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. ,~obu, ~fjig ~greemettt ~%tne~set~j: 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. ~ttb 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. ~nb, 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. Home Designs Un B ' ' ed, LLC ~ - : -° w Ss ~ a s --~ m~--. ~, . Da ' . Th n, member . ~o ~.«- --... °^~ ~~ ~ c, ~-t; Denise P. Thompson, member ~,. :v ~ j; -i c,.1 7- ~ ~~ igns lim' ed, LLC ~ By ~ David Tom n, m tuber se P. Tho son, member 2~-a ~s~ 3s Signed and sealed in the presence of: } ~ File No. 31947HOMEDESIGN LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, Lot No. 175 on the Final Subdivision Plan of Indian Hills - Section No. 4, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 92, Page 109, the same being numbered as more particulazly described as follows: BEGINNING at a point on the eastern right of way line of Hope Drive (a 50 feet wide right of way) at the dividing line of Lot No. 174 and Lot No. 175 of the aforementioned Plan; thence along the dividing line of Lot No. 174 and Lot No. 175, North 03 degrees 04 minutes 15 seconds West 150.00 feet to a point; thence along the dividing line of Lot No. 175, North 86 degrees 55 minutes 45 seconds East 102.24 feet to a point; thence along the dividing line of Lot No. 175 and Lot No. 176, South 03 degrees 04 minutes 15 seconds East 150.00 feet to a point; thence along the western right of way line of Hope Drive (a 50 feet wide right of way) at Lot No. 175, North 86 degrees 55 minutes 45 seconds West 102.24 feet to the point and place of BEGINNING. CONTAINING 15,336.00 Squaze Feet. BEING a part of the same premises which Gladys M. Shugart, widow, by Deed dated August 27, 1992, and recorded August 27, 1992, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Book V-35, Page 902, granted and conveyed unto Dickinson Estates, a partnership. BEING the same premises which Di nson ates, a partnership consisting of Donald A. Group, Wilbert L. Diehl and George L. Ebener by Deed dat~c, 3 , 2012 and about to be recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, granted and conveyed unto Home Designs Unlimited, LLC, a Pennsylvania Limited Liability Company, Mortgagor herein.