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HomeMy WebLinkAbout13-3257 STIPULATION AGAINST LIENS Richard L. Dyne and Catherine D. IN THE COURT OF COMMON PLEAS Dyne, Owner Cumberland COUNTY,; PENNSYLVANIA V. ; . - T;__ 13 - 3a � 7 � -� Fred A. Tiday Builders, Inc., NO. �' Contractor WHEREAS, Richard L. Dyne and CZraneously yne of 224 Madison Circle, Locust Grove, VA 22508, is about to execute cont herewith, a contract, with Fred A. Tiday Builders, Inc. of 2700 Spring Hill PA, for the erection of a building upon premises commonly known as Lot e Way, Township Hampden, Cumberland County, Pennsylvania, as set forth in the deed dated , recorded at , in the Recorder's Office for Cumberland County, Pennsylvania, as more specifically described in Exhibit "A" which is incorporated herein and attached hereto. NOW, June 5, 2013, at the time of and immediately before the execution of the principal contract, and before any authority has been given by the said Owner to the said Contractor to commence work on the said building, or purchase materials for the same in consideration of the making of the said contract with Contractor and the further consideration of One Dollar ($1.00), to contractor paid by Owner, it is agreed that no lien shall be filed against the building by the Contractor, or any subcontractor, nor by any of the materialmen or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased for the erection of said building, the right to file such liens being expressly waived. WITNESS, our hands and seals the day and year aforesaid. SIGNED AND SEALED IN THE PRESENCE OF: CONTRACTOR: Fred A. Builders, Inc. Fred A. Ti , Owner OWNER: Richard L. Dyne Catherine D. Dyne Mr a 91s -73 EXHIBIT "A" ALL THAT CERTAIN Unit situate in the Township of Hampden, County of Cumberland, Commonwealth of Pennsylvania, known, named and identified in the Declaration of Hawks Landing, a Planned Community, which has been submitted to the provisions of the Uniform Planned Community Act, 69 Pa. C.S.A. §5101 et. se q., as amended, by the recording of a Declaration in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, recorded March 14, 2008 in Instrument No. 200807839 (the "Declaration ") being designated in such Declaration as Unit No. 52 and as set forth on the Declaration Plats and Plans. BEING identified as Lot 52 on the Revised Preliminary /Final Subdivision & Land Development Plan for Hawks Landing, recorded in Plan Book 93, Page 107. THE GRANTEES, for and on behalf of the Grantees and the Grantees' heirs, personal representatives, successors and assigns, by the acceptance of this deed, covenants and agrees to pay all assessments, fee and/or charges as may be assessed against him, her, them, it, or against the said Unit, from time to time by the Executive Board of the Hawks Landing Homeowners Association in accordance with the Pennsylvania Uniform Planned Community Act, 68 Pa. C.S. §5101 et. Seq. (the "Act "), and further covenants and agrees that the Unit conveyed by this deed shall be subject to a lien for all amounts so assessed, except insofar as §5407(c) of the Act may relieve a subsequent unit owner of liability for prior unpaid assessments. This covenant shall run with and bind the Unit hereby conveyed and all subsequent owners thereof. UNDER AND SUBJECT, NEVERTHELESS, to the Declaration, and any and all amendments thereto, the Declaration of Conservation Easement for Hawks Landing recorded in Instrument No. 200743879, all easements, restrictions, encumbrances and other matters of record or that which a physical inspection or survey of the premises would reveal.