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Home My WebLink About14-3499 No. F:\FILES\Clients\11228 Adams\11228.8 Construction Loan\11228.8.StipvsLiens.wpd � t ;) io/4 JLJ STIPULATION AGAINST LIENSC" B�t,( DONALD E. ADAMS and PE�dWSYLflAlyIA r. CATHY A. ADAMS, husband and wife] IN THE COURT OF COMMON PLEAS Owner CUMBERLAND COUNTY, PENNSYLVANIA V. AQUILA BLANK D/B/A B K BUILDERS Contractor This instrument is executed this day of June, 2014, by Aquila Blank d/b/a B K Builders ("Contractor") in favor of Donald E. Adams and Cathy A. Adams ("Owner") BACKGROUND: 1. Contractor is a contractor or subcontractor within the meaning of the Mechanics'Lien Law of 1963. 2. On or about the date hereof, Owner has or will be executing a contract with Contractor (the "Contract") for construction, renovations or improvements for the construction of a 2 bedroom, 21/2 bath, 3-car garage home upon a lot of land situate in the Township of North Middleton, Cumberland County, Pennsylvania, being commonly referred to as 2550 Enola Road, Carlisle, Pennsylvania 17013, and as more fully described in the legal description attached hereto and incorporated herein as Exhibit "A" (the "Property"). 3. Contractor has, by this instrument and the promises contained herein, covenanted, promised and agreed that no mechanics' lien or materialmen's lien shall be filed or maintained against the estate or title of Owner in the Property or any part thereof, or the appurtenances thereto, either by itself or anyone else acting or claiming through or under it for or on account of any work, labor or materials supplied in the performance of the work under the Contract or under any supplemental contract or for extra work. NOW,THEREFORE,in consideration of the Contract and the covenants of Owner therein contained, and the sum of one dollar($1.00)paid in hand to Contractor,the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby: m4dsoq 1 tL4 98 I. Contractor, for itself and anyone else acting or claiming through or under it, does hereby waive and relinquish all right to file a mechanics' lien or materialmen's lien, or notice of intention to file any lien, and does hereby covenant, promise and agree that no mechanic's lien or other lien of any kind whatsoever shall be filed or maintained against the estate or title of Owner in the Property or the appurtenances thereto, by or in the name of Contractor, or any subcontractor, materialman or laborer acting or claiming through or under for work done or materials furnished in connection with the Contract or by any other party acting through or under them or any of them for and about the Property or any part of it. 2. This agreement waiving the right of lien shall be an independent covenant by Contractor and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in connection with the above-described project on the Property to the same extent as any work and labor done and materials furnished under the Contract. 3. To give Owner full power and authority to protect itself, the Property, the estate, or title of Owner therein, and the appurtenances thereto, against any and all liens filed by Contractor or anyone acting under or through it 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 (i) to appear as attorney for it, them or any of them, in any such Court, and in its or their name or names,to the extent permitted by law,mark satisfied of record at the cost and expense of Contractor or of any subcontractor or materialman, any and all lien or liens, filed in violation of the foregoing covenant,or(ii)to cause to be filed and served in connection with such lien or liens any pleading or instrument, or any amendment to any pleading or instrument previously filed by it or them, and to incorporate therein, as part of the record,the waiver contained in this instrument; and for such act or acts this instrument shall be good and sufficient warrant and authority. A reference to the court, term and number in which and where this agreement shall have been filed shall be conclusive evidence of the authority herein to warrant such action,and Contractor, for itself and for them, hereby remises, releases and quitclaims all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in filing such pleading, instrument or amendment, or in any way concerning them. In the event anyone acting through or under Contractor shall so file a lien in violation of the foregoing covenant,Owner may not exercise its rights under this Paragraph 3 unless such lien has not been stricken or discharged(by payment, posting of a bond, or other means) for a period of ten(10) days after notice of such lien shall have been received by Contractor. 2 IN WITNESS WHEREOF, Contractor and Owner have executed this instrument as of the day and year first above written. Signed, Sealed and Delivered in the presence of AOcntra Blank d/b/a B K Builders, Cto Donald E. Adams, Owner 14- /444- 1S Cath . Adams, Owner COMMONWEALTH OF PENNSYLVANIA ) ): ss. COUNTY OF CUMBERLAND ) On this,the�day of June,2014,before me,the undersigned officer,personally appeared, Aquila Blank d/b/a B K Builders,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 have hereunto set my hand and notarial seal. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial seal *a' S.Appleby,Notary Public EC,arlIsle Boro,Cumberland county Ni. Commission B( Ins Aug.27,2014 mom ,pennsAvarlia Association of Notaries 3 COMMONWEALTH OF PENNSYLVANIA ) ): ss. COUNTY OF CUMBERLAND y ) On this, the �� day of June, 2014, before me, the undersigned officer, personally appeared, Donald E. Adams and Cathy A. Adams, known to me or satisfactorily proven to be the persons whose names are subscribed to the within instrument,and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. �- (SEAL) Not ry Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Anjanette S.Appleby,Notary Public cariisle Boro,cum Aug Cou n 14 nty My commission Expires MP.mtapr'Pennsvivania Assodation of Notaries 4 Exhibit"A" (Legal Description) ALL THAT CERTAIN tract of land situate in North Middleton Township, Cumberland County, Pennsylvania,bounded and described according to the Final Subdivision Plan for Donald E.&Cathy A. Adams,prepared by Eric L. Diffenbaugh, P.L.S., dated June 30, 2008,revised though February 3, 2009, and recorded in Cumberland County, Pennsylvania, at Instrument Number 200903493, as follows: BEGINNING at an existing p.k. nail set in the centerline of Enola Road, S.R. 0944 (40'row)at the southeastern corner of land now or formerly of Glenn D. &Kristine S. Ahl;thence along said land of Ahl,North 21 degrees 33 minutes 30 seconds West 787.78 feet to an existing iron pin set;thence along land now or formerly of William K. Whitlock, Jr., North 21 degrees 45 minutes 33 seconds West 987.93 feet to an existing concrete monument; thence along land now or formerly of Joshua J. &Heather M. Bell,North 75 degrees 39 minutes 12 seconds East 669.42 feet to an existing iron pin set;thence along same,North 15 degrees 56 minutes 20 seconds West 323.75 feet to an existing iron pin set & stones; thence along land now or formerly of John K. Martz the following three courses and distances: (1)North 74 degrees 06 minutes 58 seconds East 965.95 feet to an existing iron pin set&stones;(2)South 03 degrees 40 minutes 37 seconds East 321.86 feet to an iron pin set; and(3)South 19 degrees 16 minutes 06 seconds East 582.15 feet to an iron pin set;thence along Lot 1 on the above Plan the following three courses and distances: (1) South 78 degrees 42 minutes 56 seconds West 1507.46 feet to a set concrete monument;(2)South 21 degrees 45 minutes 33 seconds East 511.39 feet to an iron pin set; and(3) South 21 degrees 33 minutes 30 seconds East 820.74 feet to a set p.k. nail in said Enola Road; thence through said Enola Road,North 78 degrees 12 minutes 32 seconds West 59.86 feet to a set p.k. nail, the point and place of Beginning. BEING Lot 4 on the Final Subdivision Plan for Donald E. & Cathy A. Adams and CONTAINING 26.7527 total acres. BEING a portion of the premises which Donald E. Adams and Cathy A. Adams,husband and wife, by Deed dated April 16, 2007, and recorded April 27, 2007, in the Office of the Recorder of Deeds in and for Cumberland County,Pennsylvania in Deed Book 279,Page 3787, granted and conveyed unto Donald E. Adams and Cathy A. Adams, husband and wife.