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HomeMy WebLinkAbout13-2916 a. Stipulations Against Liens MAY 10, 2013 In the Court of Common Pleat Countp of Emadi Family, LLC Cumberland Owner , Pennsylvania Varish Construction, Inc. Docket Number " ' L Perm 20 Contractor Page Number Vbereag, Varish Construction, Inc. ( "Contractor "), has entered into a contract with Emadi Family, LLC ( "Owner ") of 202 Hogestown Road, Mechanicsburg, Pa 17050, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot #166, Westgate Development, Phase 6, Mount Holly Springs, PA 17065, South Middleton Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Emadi Family, LLC is the title holder of record; and Vbereag, 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. ,hobo, Tbis; 01greement Vitne55etb: 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. Zlnb 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. Z(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. Signed and sealed i the presence of: Emadi F ily, LLC 'y Nasirali A. Emadi Varis=nsU Inc. y �Z Thomas E. Varish auk G� 4 333 s a �y File No. 32235EMADI ALL THAT CERTAIN lot or piece of ground situate in South Middleton Township, County of Cumberland, Commonwealth of Pennsylvania bounded and described as follows to wit: Beginning at a point on the southern right -of -way line of Parkway Drive, 50.00 foot right of way, at the northeast corner of lot number 167 on the hereinafter mentioned plan of lots, thence by the southern right -of -way line of Parkway Drive North 74 20 00 East a distance of 80.00 feet to a point at lot number 165 on the hereinafter mentioned plan of lots, thence by Lot 165 South 1540 00 East distance of 140.00 feet to a point at land now or formerly of Mount Holly Springs Borough, thence by land now or formerly of Mount Holly Springs Borough South 74 20 00 West a distance of 80.00 feet to a point at lot number 167 on the hereinafter mentioned plan of lots, thence by lot number 167 North 15 40 00 West a distance of 140.00 feet to a point at the southern right -of -way line of Parkway Drive, the point and place of beginning. Being Lot number 166 as shown on a Finial Subdivision and Land Development plan for Westgate Development, Phase 5, 6 and 7, and recorded in the Office of Recorder of Deeds of Cumberland County in Plan Book 94, page 59 and containing 11,200.00 sq. ft. or 0.2571 acres. BEING a part of the same premises which Constantinos J. Mallios and Elaine Mallios, husband and wife, by Deed dated January 25, 2011, and recorded March 23, 2011, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, as Instrument No. 201109047, granted and conveyed unto WG Development, LLC, a Pennsylvania limited liability company. BEING the same premises which WG Development, LLC, a Pennsylvania limited liability company by Deed dated /j O /,-, , 2013 and about to be recorded in the Office of the Recorder of Deeds in and for the County of Cumberl nd, Pennsylvania, granted and conveyed unto Emadi Family, LLC, Mortgagor herein.