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HomeMy WebLinkAbout14-1373 ;. st p4 ns Against Liens FEBRUARY 26, 2014 In the Court of common VCea!5 t(Countp of Beracah Builder, LLP Cumberland Pennsylvania Owner Beracah Builders, LLP Docket Number I ` Term 20 Contractor Page Number Vtjerea5, Beracah Builders, LLP ( "Contractor ") of 6211 Whitehill Drive, Mechanicsburg, Pa 17055, has entered into a contract with Beracah Builder, LLP ( "Owner ") of 6211 Whitehill Drive, Mechanicsburg, Pa 17055, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot #21 Old Coach Lane, Carlisle, PA 17013, North Middleton Township, Cumberland County, Pennsylvania, described in Exhibit - "A" hereof, of which Beracah Builder, LLP is the title holder of record; and Vbereas, 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. ,0oW, Xbi!g Zigreement Vituegget 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. Rnb, 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 Builder, LLP By Scott A. Milligan, member By is a urdic , ember Beracah Builders, LLP By Scott A. Milligan, member B q ;- ���i' > ichael A. B rdick, mem er File No. 32525BERACAH LEGAL DESCRIPTION All that certain tract of land situated in North Middleton Township, Cumberland County,PA, being Lot No. 21, as shown on a plan entitled, "Meadowbrook Farms, Final Subdivision Plan, Phase VI, " dated March 24, 2006 by Penn Terra Engineering, Inc., State College. PA, being bounded and described as follows: Beginning at an iron pin, being a westerly corner of Old Coach Lane and being a northerly corner of Existing Phase 5; thence along said lands S86 °49'01 "W, 201.17 feet to an iron pin, being a westerly corner of said lands and lying in an easterly line of lands owned now or formerly by Ronald L. & Delores, J. Brehm (Tax Parcel 29- 15- 1251 -41, DB 28- S/410); thence along said lands NO3 143.27 feet to an iron pin, lying in an easterly line of said lands and being a westerly comer of Lot No. 19; thence along said lot and along Lot No. 20, S79 °22'06 "E, 221.59 feet to an iron pin, being a southerly comer of Lot No. 20 and lying in a westerly R/W line of Old Coach Lane; thence along said R/W, along a curve to the left, having a chord bearing of S05 1 38'08 "W, a chord distance of 91.44 feet, a radius of 525.00 feet and an arc length of 91.56 feet to an iron pin, being the place of beginning, containing 0.560 acres. BEING the same premises which Keith A. Sealover, by Deed dated March 11, 2013, and recorded March 21, 2013, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, as Instrument No. 201309033, granted and conveyed unto Keith A. Sealover and Joyce E. Sealover, husband and wife. BEING the same premises which Keith A. Sealover and Joyce E. Sealover, husband and wife by Deed dated I�r 2014 and about to be recorded in the Office of the Recorder of Deeds in and for the Co of Cumberland, Pennsylvania, granted and conveyed unto Beracah Builders, LLP, a Pennsylvania limited liability partnership, Mortgagor herein.