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HomeMy WebLinkAbout13-7115 Stipulations Against Liens ('�� 13 —7 //S M / O 3n the Court of Common 3PCeag Couutp of [-J Robert W. Nicholson and Pamela J. Cumberland Nicholson , Pennsylvania Owner Docket Number Term 20 V C- 7r - C 0 $ AYU [ - on contractor Page Number Vbereao, C .l ` C ( "Contractor ") of I lk&o has entered into a contract with Robert W. Nicholson and Pamela J. Nicholson ( "Owner ") of 24 Mountain Street, Moun Holly Springs, PA 17065, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 228 Mill Street, Mount Holly Springs, PA 17065 South Middleton Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Robert W. Nicholson and Pamela J. Nicholson are the title holder of record; and Vbereav, 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. -OoW, Tbio agreement lbiitueM�etb: 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. Q V�„� bee c 7, 6713 Signed and sealed in the presence of: Ro ert W. Nicholson Q a � m � el a J. Nich b I Of r h O 1h "S E S h '4{Nv r ,ran s�Z Z r% I �- ��� E l i Ing File No. 13322 ALL THAT CERTAIN tract or parcel of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center line of the public road leading from Boiling Springs to Mount Holly Springs (Rt. No. 21008), at line of land now or formerly of Robert C. Fitting and Sidney Roth; thence by said centerline, North 70 degrees 45 minutes East, 366.64 feet, more or less, to the line of land now or formerly of A. S. Otto; thence by the same, South 17 degrees 45 minutes West, 198 feet, more or less, to the westerly right of way of the Gettysburg and Harrisburg Railway Company; thence along said right of way line, South 26 degrees 30 minutes West, 520 feet more or less, to the line of land Fitting and Roth aforesaid; thence by the latter land, North 3 degrees 59 minutes East, 533.16 feet, more or less, to the place of BEGINNING. THE ABOVE DESCRIBED tract is commonly known as 228 Mill Street, Mount Holly Springs, Pennsylvania.