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HomeMy WebLinkAbout05-0356 ,",ulations Against Liens File Number 04-16874C CHARTER HOMES AT VERSANT, INC., A PENNSYLVANIA CORPORATION In the Court of Common Pleas County of Owner Cumberland , Pennsylvania Docket Number t?5 - 3s-z, JI1 L/) Term 19 CHARTER HOMES BUILDING COMPANY Page Number Contractor Whereas, on this 15th day of December, 2004, CHARTER HOMES BUILDING COMPANY ('Contractor") of 114 FOXSHIRE DRIVE, LANCASTER PA 17601 has entered into a contract with CHARTER HOMES AT VERSANT, INC., A PENNSYLVANIA CORPORATION ("Owner") of 114 FOXSHIRE DRIVE, LANCASTER PA 17601 for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 5023 AMELIA'S PATH WEST, UNIT 16, VERSANT, Mechanicsburg, PA 17050, , Hampden Township, Cumberland, Pennsylvania described in Exhibit "A" hereof, of which CHARTER HOMES AT VERSANT, INC., A PENNSYLVANIA CORPORATION is the title holder of record; and Whereas, 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. Now, This Agreement Witnesseth: 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. And 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. And, 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 Pennsyivania 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 anyone 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, reiease, 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 hand and seal the day and year aforesaid. ,Ie No. 04-16874CDFN ALL THAT CERTAIN parcel of real property, situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, being: UNIT Number 16 of Versant at Pinehurst, a Condominium as established by the filing of Declaration of Condominium for Versant at Pinehurst, a Condominium as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Misc. Book 689, Page 940 with Plat recorded in right-of-way Plan Book 13, Page 14; First Amendment in Misc. Book 699, Page 4852 with Plat recorded in right-of-way Plan Book 13, Page 46; Second Amendment in Misc. Book 701, Page 2753 with Plat recorded in right-of-way Plan Book 13, Page 47; Third Amendment in Misc. Book 705, Page 2465 with Plat recorded in right-of-way Plan Book 13, Page 52; Fourth Amendment in Misc. Book 705, Page 4717; and Fifth Amendment in Misc. Book 705, Page 4866 with Plat recorded in right-of-way Plan Book 13, Page 55; Sixth Amendment in Misc. Book 713, Page 761 with Plat recorded in right-of-way Plan Book 13, Page 72; and Seventh Amendment in Misc. Book 713, Page 1879 with Plat recorded in right-of-way Plan Book 13, Page 74. ~~ "'- '- 'V 'I 'J ~ ~ l:1 \y ~ - ' ~ ~ ~ , ~ t 1C'S ~71 ,) U., ::';1 :;-: \'~~ -,;::>- '" '0 ::~-~, __,00 <? - <j\