HomeMy WebLinkAbout04-5496 STIPULATION AGAINST LIENS
THIS AGREEMENT, made the o? riP/- day of ~0o]'0~:~ r-
CUSTER HOMES, INC.
2805 Old Post Rd., Suite 200, Dauphin Co., PA,
,2004, by and between
hereinafter referred to as Contractor,
AND
DEMONTE W. TEMPLE, JR. and JEANNE B. TEMPLE
1234 Bent Creek Blvd., Mechanicsburg,, PA
hereinafter referred to as Owner,
Whereby the former undertook and agreed to erect and construct a single family dwelling on that certain lot
of ground situate in Silver Spring Township, Cumberland County, Pennsylvania, known as Lot No. 45 on the
Final Subdivision and Land Development Plan for Sterling Glen, as recorded in Cumberland County Plan
Book 85, Page 67.
Being further identified as Tax Parcel No. '3 ~'-~'7-0 e'Sq ~ tPq,r/
NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for and in
consideration of the sum of ONE DOLLAR ($1.00) to him 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 themselves, their subcontractors and others
under them, hereby expressly waive and relinquish 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.
WITNESS our hands and seals this ~7Y/'' day of OCs/-0~e r- , 2004.
Signed, Sealed and Delivered
in the Presence of
By:
" l_.~. '-~' ~.f~ ~'~"~.,/~.~ SEAL
CUSTER HOMES, INC. // (builder)
SEAL
(owner)
SEAL
(owner)
SPECIAL WARRANTY DEED
THIS INDENTURE Made the
Thousand and Four (2004)
day of August, in the year Two
BETWEEN THE CUSTER COMPANY, a Pennsylvania corporation organized
and existing under the laws of the Commonwealth of Pennsylvania,
having a principal place of business in Susquehanna Township,
Dauphin County, Pennsylvania, party of the first part,
designated as the Grantor
AND
DEMONTE W. TEMPLE, JR. and JEANNE B. TEMPLE, his wife, both
adult individuals of Mechanicsburg, Cumberland County,
Pennsylvania, hereinafter designated as Grantees, parties of the
second part,
Witnesseth that the said party of the first part, for and in
consideration of the sum of Seventy-Seven Thousand Nine Hundred
and 00/100 ($77,900.00) Dollars lawful money of the United
States of America, unto it well and truly paid by the said
parties of the second part, at or before the sealing and
delivery of these presents, the receipt whereof is hereby
acknowledged, has granted, bargained, sold, aliened, released,
conveyed and confirmed, and by these presents does grant,
bargain, sell, alien, release, convey and confirm, unto the said
parties of the second part their heirs and assigns forever,
ALL THAT CERTAIN piece or parcel of' land situate in Silver
Spring Township, Cumberland County, Pennsylvania, being known
and numbered as Lot No. 45 on the Final Subdivision and Land
Development Plan for Sterling Glen, said Plan dated January 17,
2002 and recorded in the Office of the Recorder of Deeds of
Cumberland County on May 29, 2002,in Cumberland County Plan Book
85, Page 67, and as more particularly bounded and described as
follows, to wit:
BEGINNING at a point between the dividing line of Lot No. 44 and
Lot No. 45 at the right-of-way of Springdale Court as appearing
on aforesaid Plan; thence continuing along the dividing line of
Lot No. 44 and Lot No. 45, as appearing on the aforesaid Plan,
North 63 degrees 43 minutes 13 seconds West for a distance of
150.00 feet to a point on the dividing line between Lot No. 45
and Lot No. 43 as appearing on aforesaid Plan; thence continuing
along the dividing line of Lot No. 43 and Lot No. 45 as
appearing on the aforesaid Plan, South 26 degrees 16 minutes 47
seconds West for a distance of 110.00 feet to a point on the
dividing line between Lot No. 45 and Lot No. 46 as appearing on
the aforesaid Plan; thence continuing along the dividing line of
Lot No. 46 and Lot No. 45 as appearing on the aforesaid Plan,
South 63 degrees 43 minutes 13 seconds East for a distance of
137.16 feet to a point on the right-of-way of Springdale Way as
appearing on the aforesaid Plan; thence continuing along the
right-of-way of Springdale Way as appearing on the aforesaid
Plan along a curve, said curve having a radius of i25.00 feet
and an arc length of 24.21 feet ~o a another point on the
of-way of Springdale Way as appearing on the aforesaid Plan;
thence continuing along the right-of-way of Springdale Way as
appearing on aforesaid Plan, North 26 degrees 16 minutes 47
seconds East for a distance of 83.34 feet to a point, the place
of BEGINNING.
SAID TRACT containing approximately 16,481 square feet, or
0.3784 acres, more or less.
Subject to all setbacks, plan notes, conditions and easements,
appearing on aforesaid Plan.
Furthermore subject to that certain Declaration of Protective
Covenants, Easements, Restrictions, Equitable Servitudes,
Charges and Liens for Sterling Glen, dated July 10, 2002 and
recorded in the Office of the Recorder of Deeds of Cumberland
County in Misc. Book 688, Page 3182.
Being a part of the same premises which Jacob Braun and Margaret
Munz, Co-Executors of the Estate of Frederick Schlosser (a/k/a
Frederick Schlosser, Jr.) Deceased, Late of Silver Spring
Township, Jacob Bruan, Margaret Munz, William M. Bierly and
Lauren A. Bierly, Individually, granted and conveyed unto The
Custer Company, by Deed dated March 19, 2002 and recorded March
22, 2002, in the Office of the Recorder of Deeds in and for
Cumberland County in Deed Book 250, Page 4538, Grantor herein.
This conveyance is furthermore specifically subject to the
certain covenant regarding construction of an improved dwelling
home as contained in paragraph 7 of a certain Agreement of Sale
between Grantor and Grantee, dated July 20, 2004, which covenant