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HomeMy WebLinkAbout13-3883 A f � Stipulations Against Liens JUNE 27, 2013 In ttje (Court of Common A31eas Countp of Home Designs Unlimited, LLC Cumberland Owner Pennsylvania 00 .0 Home Designs Unlimited, LLC Docket Number Term 20 Contractor Page Number vberea5, Home Designs Unlimited, LLC ( "Contractor ") of PO Box 1005 New Kingstown, Pa 17072, has entered into a contract with Home Designs Unlimited, LLC ( "Owner ") of PO Box 1005, New Kingstown, Pa 17072, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 117 Bellows Drive, Lot #21, Carlisle, PA 17013, South Middleton Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Home Designs Unlimited, LLC is the title holder of record; and Vberea .g, 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. -Qobo, Tbi5 Rgreement Vttue!55etb: 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. Rub, 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 in th resence of: Home Desi Unlimited, LLC C-) s� By rn , :. David . T so membe � ise P. Thompson -- Home Desi s mited, LLC ?'rte CZ By avi R. pson, member eni a P. Thompson �auno d CL o P C�Jt 8f 761 File No. 32291HOMEDESIGN LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in South Middleton Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit. BEGINNING at a point on the eastern right -of -way line of Bellows Drive at the common front property corner of Lot No. 21 and Lot No. 22 as shown on the her hu&wc mentioned Plan of Lots; thence along said right -of —way line of Bellows Drive North 06 degrees 12 minutes 45 seconds East, a distance of 100.50 feet to a point at the dividing line between Lot No. 20 and Lot No. 21; thence along said dividing line South 83 degrees 47 minutes 15 seconds East, a distance of 150.00 feet to a point; thence South 06 degrees 2 m in utes and Lot No 22a there along�said d dividing feet to a point at the dividing line between Lot line North 83 degrees 47 minutes 15 seconds Went, a distance of 150.00 feet to a point, said Point being the Place of BEGINNING. BEING Lot No. 21 on Plan of Old Forge Station, said plan recorded in the Cumberland County Recorder of Deeds Office in Instrument No.: 200827999. CONTAINING 15.075.00 square feet. UNDER AND SUBJECT to building setback lines, conditions and notes as set forth in Instrument No.: 200827999. UNDER AND SUBJECT to a drainage easement along northern lot line of said lot. BEING part of the same premises which John E. Anderson, a/k/a John Anderson and Pauline E. Anderson, husband and wife, by Deed dated February 25, 2008, and recorded February 28, 2008, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, granted and conveyed unto Old Forge Station, LLC, a Pennsylvania Limited Liability Company. BEING the same premises which Old Forge Station, LLC, a Pennsylvania Limited Liability Company by Deed dated , 2013 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.