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HomeMy WebLinkAbout13-3768 Stipulations Against Liens N the Co Urt of Common VCe0 Conntp of Ellwood G. Derricks Cumberland ow,zer Pennsylvania Classic Communities Docket Number 13-- 376 rn,, rya 20 Contractor Page Number r,7 � c- C Vbereaz, Classic Communities ( "Contractor ") of y has entered into a contract with Ellwood G. Derricks ( "Owner ") of 3440 Green Street, Camp Hill, t7050,, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 5097 South Deerfield Avenue, Mechanicsburg, PA 17050 Hampden Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Ellwood G. Derricks is the title holder of record; and Mereag, 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. ,Qobi, Tbiz fgreement Vftne.0etb: 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. Rub 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. Rnb, 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. J �.I e o v& 3 Signed and sealed in the presence of: V Ellwoo sic Communities By: YJ a��d File No. 13168 ALL THAT CERTAIN piece, parcel or lot of land, together with improvements, situated in Hampden Township, Cumberland County, Pennsylvania, described as follows: Lot No. 93B as shown on the Final Subdivision Plan for Resubdivision of Lots 93 and 94 in Good Hope Farms South — Phase XII, which is recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania under Instrument Number 200936833. BEING A PART of the same premises which Thomas W. Gaughen, d /b /a/TWG Real Estate Management Services, conveyed to The McNaughton Company, a Pennsylvania Corporation, by deed dated October 5, 1994 and recorded in Cumberland County in Record Book 112, Page 1058. AND BEING A PART of the same premises which Joyce H. Buday, a /k /a Joyce Buday, a widow by her duly appointed Conservator Kelly Gayle, conveyed to The McNaughton Company, a Pennsylvania Corporation, by deed dated January 30, 2007 and recorded in Cumberland County in Record Book 278, Page 3552. UNDER AND SUBJECT TO: (a) Any and all easements, licenses, leases, exceptions, reservations, covenants, agreements, conveyances and restrictions which affect the premises and are visible by inspection of the premises. (b) Any and all easements, licenses, leases, exceptions, reservations, covenants, agreements, conveyances and restrictions contained in any and all prior documents, agreements, instruments, deeds, grants and conveyances affecting the premises. (c) The Declaration of Covenants and Restrictions, recorded in Cumberland County at Instrument Number 200915661, as may be applicable to the above described property. TOGETHER with all and singular the Streets, Alleys, Passages, Ways, Waters, Watercourses, Rights, Liberties, Privileges, Hereditaments and Appurtenances whatsoever thereunto belonging or in anywise appertaining, and the Reservations and Remainders, Rents, Issues and Profits thereof; and all the Estate right, title, interest, property, claim and demand whatsoever of the Grantor, in law, equity, or otherwise howsoever, of, in and to the same and every part thereof.