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HomeMy WebLinkAbout14-3281 Stipulations Against Liens In the Court of Common Pleas County of Thomas A Neslund and Nancy Cumberland Neslund , Pennsylvania Owner KAB Group,Inc. "la Barefoot Docket Number Term 20.14 Custom Homes Contractor Page Number Whereas, KAB Group, Inc. d/b/a Barefoot Custom Homes ("Contractor")of Commonwealth of Pennsylvania, has entered into a contract with Thomas P. Neslund and Nancy Neslund ("Owner") of 78 Yellow Breeches Road, Carlisle, PA 17015, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot 5 Katie Lane, Carlisle, PA 17015Dickinson Township, Cumberland County, Pennsylvania, described in Exhibit"A" hereof, of which Thomas P. Neslund and Nancy Neslund are 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. baJLE t: 544/14 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 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 a in presence of: Thomas0. eslu cq, 1�;&4 Nancy Neessllunn Ree7scoe"tir- KAB Group, Inc. d/P9 Barefoot Custom Homes f_1-11 C-- _ rncc rte „ -- - 3 r0 File No.2014-103 ALL THAT CERTAIN lot of land situate in Dickinson Township, Cumberland County, Pennsylvania, being Lot 5 described on the Final Subdivision Plan for Harry W. Snyder Property recorded in Plan Book 72, Page 75, bounded and described as follows: BEGINNING at an iron pin located at the intersection of Lots 1, 5 and 4 in the centerline of a 50 feet wide right of way, thence along Lot 1, North 15 degrees 44 minutes 53 seconds West 123.51 feet to an iron pin at the intersection of Lots 1, 2 and 5; thence along Lot 2, North 11 degrees 24 minutes 03 seconds East 481.18 feet to an iron pin; thence along lands now or formerly of Robert L. Vogle, North 76 degrees 13 minutes 09 seconds East 210.12 feet to an iron pin; thence along lands now or formerly of Rockwell Farms, South 01 degrees 01 minutes 54 seconds East 475.300 feet to an iron pin; thence along Lot 4, South 58 degrees 51 minutes 34 seconds West 320.39 feet to the place of BEGINNING. BEING part of the same premises which Harry W. Snyder and Patricia G. Snyder his wife, by Deed dated November 1, 1989 and recorded January 17, 1990 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book J, Volume 34, Page 398, granted and conveyed unto Harry W. Snyder.