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HomeMy WebLinkAbout13-7093 A Stipulations Against Liens In the court of Cotninou Pleag Countp of Home Designs Unlimited, LLC Cumberland Owner Pennsylvania . 2 M UD Home Designs Unlimited, LLC Docket Number J Term 20 contractor Page Number Vbereag, 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 Lot #13 Mountain View Estates, Carlisle, Pa 17015, North Middleton Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Home Designs Unlimited, LLC is the title holder of record; and 3^erea5, 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. ,hobo, Tijig Z(greemeut Wittteggeti): 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: Home De igns Unlimited, LLC By Davi R. Th pson, ember B' Denise P. Thompson, member Home Desi s U imited, LLC Y Davi R. Th pson, member BY Denise P. Thompson, member ot 0 N 0 H 10 � al I J C td -4A 0 - 0i 7, Y File No. 32453HOMEDESIGN LEGAL Ut_bUmv i wry ALL THAT CERTAIN lot, parcel or tract of land located in North Middleton Township, Cumberland County, Pennsylvania in accordance with a Final Subdivision Plan of Mountain View Estates, Phase I, prepared by Hartman and Associates, Inc., Engineers & Surveyors and recorded in the Office of the Recorder of Deeds in and foe Cumberland County, Pennsylvania in Instrument No.; 201025023, more particularly bounded and described as follows, to wit: BEGIIVNING at a point on the western right -of -way line of Appalachian Avenue at the common front property corner of Lot.No. 13 and Lot No. 14 as shown on the above referenced Plan; thence along said right -of -way line of Appalachian Avenue North 29 degrees 36 minutes 37 seconds West, a distance of 34.29 feet to a point; thence continuing along said rigbtrof- -way line of Appalachian Avenue by a curve to the left having a radius of 323.00 and an arc length of 54.17 feet to a point at the dividing line between. L.ot No. 12 and Lot No. 13; thence along said dividing line North 50 degrees 48 minutes 23 second& Fast; a dish= of 197.24 feet to a point at the dividing tine between Lot No. 13 and lands now or formerly of'Clews A. Kipp$, Jr.; themes along said dividing line South 29 degrees 36 minutes 37 seconds East, a distance of 120.93 feet to a point at the dividing line between Lot No. 13 and Lot No. 14; thence along said dividing line South 60 degrees 21 minutes 23 seconds West, a distance of 190.00 feet to a point, said point being the Place of BEGR4NING. CONTAWING 20,023.07 square feet or 0.4597 acre$. BEING Lot No. 13 as shown on the Fund Subdivision Plan of Mountain View Estates, Phase I. prepared by Hartman and Associates. Inc., Engineers dt Surveyors and recorded in the Office of the Recorder of Deeds in and for Cumberland County. Pennsylvania in Instrument No.: 201025023. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions, and rights of way of record or visible upon inspection of premises and UNDER AND SUBJECT to the Declaration recorded in Instrument No.: 201025026. BEING part of the same premises which Fred A. Gettys and Fred A. Gettys, LLP a Pennsylvania Limited Liability Partnership, by Deed dated September 2, 2010, and recorded September 23, 2010, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, as Instrument No. 201026594, granted and conveyed unto Classic at Mountain View Estates Limited Partnership. BEING a part of the same premises which Classic at Mountain View Estates Limited Partnership 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. ALTA Commitment (6/17/06) Schedule A (continued)