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HomeMy WebLinkAbout13-5126 i i %, Stipulations Against Liens AUGUST 28, 2013 Beracah Builders, LLP l ` PROTHOt. � IJACC OUrt Of �lCOimnOn �Ceag CDuntp Of Cumberland J,91 AUG 30 PM 2: 02 ,Pennsylvania CUMBERLAND COUNTY Beracah Builders, LLP P E � AO' cket Number / 3- J 0 W CD Term 20 Contractor Page Number lftreag, Beracah Builders, LLP ( "Contractor ") of 6211 Whitehill Drive Mechanicsburg, Pa 17050, has entered into a contract with Beracah Builders, LLP ( "Owner ") of 6211 Whitehill Drive, Mechanicsburg, Pa 17050, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 47 Country Side Drive, Lot #46, Carlisle, PA 17013, Middlesex Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Beracah Builders, LLP is the title holder of record; and VIjereag, 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. ,QObU, TWS; 29reet11e1t Vitneggetb: 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. Znb 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 the presence of: Beracah Builders, LLP By M c ick, m" ber B Sco t A. Milligan, member Beracah Builders, LLP By . Micha ur ick, m er Scott A. Milligan, member au. �' d C L,#:� �3/a49 ��agSl�t ' -File Np 32342 -A- BERACAH LEGAL DESCRIPTION All that certain tract of land situated in Middlesex Township. Cumberland County. PA. being Lot 46, as shown on a plan entitled, "Meadowbrook Farms, Final Subdivision Plan Phase VII ", dated April 10, 2008, by PennTerra Engineering, Inc., State College, PA, being bounded and described as follows: Beginning at an iron pin being a westerly corner of Lot 45 and lying in a northerly R/W line of Country Side Drive (50' R/W); thence, along said R/W along a curve to the right having a chord bearing of N47 °0725 "W, a chord distance of 143.46 feet, a radius of 275.00 feet, and an arc length of 145.14 feet to an iron pin lying along said R/W and being a southerly corner of Lot 47; thence, along said lot N57 °59'47 "E 194.25 feet to an iron pin being an easterly corner of said lot and lying in a southerly line of proposed Lot 41 (Future Phase X); thence, along proposed Lot 41 (Future Phase X) S42 °41'33''E 71.21 feet to an iron pin lying in a southerly line of said proposed lot and being a northerly corner of Lot 45; thence, along Lot 45 S36 °02'53 "W 183.33 feet to an iron pin, being the place of beginning, containing 0.477 acres. Lot 46 is subject to a 10' wide utility & sidewalk easement along its street frontage. BEING the same premises which Pamay Development Co., Inc. a Pennsylvania Corporation, by Deed dated August 12, 2013, and recorded August 15, 2013, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, as Instrument No. 201327118, granted and conveyed unto Beracah Builders, LLP, Mortgagors herein.