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HomeMy WebLinkAbout05-0863 ... ; Dov ~'G~ ItA i-I) STIPULATION AGAINST LIENS THIS AGREEMENT made this 14th day of February, 2005 by and between FALCON HOMES, hereinafter referred to as Contractor, AND CLARENCE M. LENKER, AND KANDI L. LENKER, husband and wife, hereinafter referred to as Owner, whereby the contractor undertook and agreed to erected and construct a dwelling on the certain lot of ground situate in North ~ddleton Township, Cumberland County, Commonwealth of Pennsylvania, and more fully described in Exhibit "A" which is attached hereto and made a part hereof known as Lot #49, The Village of Cross Creek, Cumberland County, PA. NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for an in consideration of the sum of ($1.00) Dollar to Contractor in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for itself, himself or themselves and its, his or their subcontractors, and all parties acting through or under them, covenant and agree that no mechanic's liens or claims shall be filed or maintained by them or any of them against the said buildings and the lot of ground appurtenant thereto for or on account of any work done or materials furnished by them or any of them under said contract or otherwise, for, towards, in, or about the erection and construction of the said buildings on the lot above described, and the said Contractor, for itself, himself or themselves, its, his or their subcontractors and others under them, hereby expressly waive and relinquish the right to have, file, and maintain any mechanic's liens or claims against the said buildings or any of them, and agree that this instrument, waiving the right of lien, shall be an independent covenant. WITNESS our hands and seals the day and year first above written. Signed, sealed and delivered in the presence of FALCON HOMES ~/??c:#~~_., Witness COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the 14th day of February, 2005, before me, the undersigned officer, personally appeared Clarence M. Lenker known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. L/TKf-w~f~Y~L) NOTARIAL SEAl MERLENE J. MARHEVKA, NOTARY PUBlIC CARLISLE, CUMBERLAND COUNTY PA MY COMMISSION EXPIRES JUNE 8, 200e Exhibit "A" ALL THA T CERTAIN tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, designated as Lot No. 49 on the Final Subdivision Plan for Phase C of the Village of Cross Creek dated 5/28/04 and recorded 5/28/04 in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 89, Page 17, more particularly bounded and described, as follows: BEGINNING at a point on the southern right-of-way of Stony Creek Court, said point being the northwestern corner of Lot #50; thence, along Lot #50 S 02040'34" W a distance of 113.14' to a point; thence, along Lot #41 S 86028' 1 0" W a distance of 17.25' to a point; thence, along Lot #42 N 83012'49" W a distance of 100.26' to a point; thence, along Lot #48 N 20014'17" E a distance of 126.54' to a point on the southern right-of-way of Stony Creek Court; thence, along the right- of-way by a curve to the left having a radius of225.00', an arc length of 76.36' and a chord bearing of S 77036'06" E with a chord length of75.99' to a point; thence, along the same S 87019'26" E a distance of 4.06' to a point the place of BEGINNING. Containing 11,600 sq. ft. (0.27 acres) BEING Lot No. 49 on the Final Subdivision Plan for Phases B and C of the Village of Cross Creek dated 5/28/04, recorded 5/28/04 in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 89, Page 17. ,,~. '1, "-\\ . - 0"",\', v " (~ ~~~ o 'f <.J\ ~ 3- -s- <..K- .......- c\'\ ....~.-:') (:'? ~ ::s- C>--'" \{ (i