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HomeMy WebLinkAbout13-6939 F ^� Stipulations Against Liens November 14, 2013 In tlje ((Court of common VIeag Countp of Beracah Builders, LLP Cumberland Owner , Pennsylvania Beracah Builders, LLP Docket Number WPerm 20 Contractor Page Number VIjereag, 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, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot #10 Hawks Landing, Mechanicsburg, PA 17055, Hampden 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. ,Ootu, ZIjig Rgreement Vi tleggetb: 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. Zfnb, 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 l c a ot ' t :2 1 Milli n, member By Michael A. Bu dick, member Beracah Builders, LLP B SSW-118 Scott A. Milliga , member , 0 11 3 o��:��, By Mic ael A. gurdick, member �g 50s7o2 File No. 32461BERACAH ALL THAT CERTAIN tract of parcel of land knows as Lot 10 - Hawks Landing, as shown on a plan prepared by NAV Tech. Inc. titled "Preliminary /Final Subdivision and Land Development Plan for Ilawks Landing" as recorded in Cumberland County Recorder of Deeds Office Plan Book 93, Page 107F. situated in Hampden Township. Cumberland County. Pennsylvania is bounded and further described as follows. to wit: BEGINNING at a point on the north line of Raptor Court. a 60 -foot radius right-of-way around the cul -de -ac street, said point being the common front lot corner with lot 11, thence along a curve to the left: along the Raptor Court right -of =way, having a radius of 60.00 feet and a length ol'99.67 legit, a chord bearing of North 75 degrees, 51 minutes. 41 seconds East, and a chord length of 88.60 feet: South 69 degrees. 24 minutes. 49 seconds Fast 1109.74 feet) along the common line with lot 9: South 20 degrees 35 minutes 1 1 seconds West (77.52 feet); South 51 degrees 50 minutes 46 seconds West (123.84 leet); North 20 degrees 35 minutes 48 seconds West )187.00 feet) along the common lines with lots 1 1 and 12. to the point being the point of l3F(ilN;NIN6. Containing 1 9.445.87 square feet - 0.446 acres. BEING part of the same premises which Iris L. Rouse, widow, by Deed dated July 31, 2002, and recorded July 31, 2002, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Book 252, Page 4746, granted and conveyed unto Insite Development, LLC, a Pennsylvania limited liability company. ALSO BEING PART of the same premises which Kethea I. Dengles, by Deed dated October 8, 2001 and recorded in Deed Book 248, Page 355, granted and conveyed unto Insite Development, LLC, Grantor herein. ALSO BEING PART of the same premises which Alpha Trust by Barbara J. Herd, Trustee and Jack D. Herd, Trustee by Deed dated September 4, 2003 and recorded in Deed Book 259, page 582, granted and conveyed unto Donald H. Erwin and Patricia A. Provenzano, husband and wife, Grantors. herein. BEING the same premises which Insite Development, LLC, a Pennsylvania Limited Liability Company and Donald H. Erwin and Patricia A. Provenzano, husband and wife, by their Deed dated 1 , 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 Beracah Builders, LLP Mortgagors herein.