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Home My WebLink About05-1323 O~ - /3,).2, {Y7W ~"1 Batun uf JjttUlI , . THIS AGREEMENT m.de .nd concluded thio... .9.th... .........d.y oL..........Ma~{Jh-.. ......A. D. ...2.0.05 between.. FRED.. 1\.,... T.Il:J!\Y. a:r>.<1....[)}\:f<.I,El'lJ;';.. J....TU1AY4...b.usband...and...wife....... of.. ..<:.Wlt!Je.I:.1..1l.I1.<LCopnty,....P.enns.ylvania.... p.rty of the Ii,,! p.rt (hereinafter c.lled AND.I'R.E])mA.m'l'IDAyBU~L.!)ER.S.LJ.".C............... .......... . .... ...... party of the second part (hereinafter caned) Contractor. WHEREAS, the said parties have hy B duly executed Agreement under seal, hearing ev n dale herewith, enter~d into a written contract for the erection and completion 01.. a two ..~.:t.9;-.Y_. , ...r:.~:s.i.deI1i:~<il.~Vl~ll.i!1g.. ................................ . .................... ............ to be erected on ALL tbat certain tract of land situate in Silver pring Township, Cumberland County, Pennsylvania, being Lot No.4, more fully set forth on Exhibit "A" attached hereto and made part hereof. in which Agreement the Contractor covenanted, promilled and agreed that no mechanics' claims or Hens should be entered and filed against the said building or buildings or any part thereof, or the cu tilage or curtilagea appurtenant thereto, NOW THIS AGREEMENT WITNESSETH: Th.1 Contr.ctor for .nd in consideration of the .w.rding to him by Owner of said contract as aforesaid, 8S wen as the (urther coneideralion of One <$1,00 Donar to him paid at or before the ensealing and delivery of these presents, the receipt whereol is hereby acknow~ ledged, does hereby covenant, promise and agree that no mechanics' lien or claim or other lien 0 claim of any kind whatsoever shaH be filed against the said building or buildings or the curtilage or curUlages appurtenant thereto, by Cont.ractor or by any sub-contractor, materialmen or laborers for wor done or materials furnished under eaid contract lor and about said building or buildings or any part the eol, or on credit thereof, and that all sub-contractor~ materialmen, and laborers on said work shall look t and hold Contractor personally liable for all 8ub~contractl!l, materials furnished and work and labor d e, 80 that there shall not be any legal or lawful claim 01 any kind whatever againlt Owner for any work do e or labor or materials futniehed under said contract lor and about the erection, construction and complet on of said huildings as aforesaid, or under any contracts for extra ,,,ork. or for work supplemental therelo, otherwise AND, in order to give the Owner full power and authority to protect bimself and the 10 or Iota of ground against any and all claims filed by the Contractor or anyone acting under or through im or it in violation of the foregoing covenant, the "aid Contractor for himself, themaelvet, itself, her y irrevoc- ably authorizes and empowerl!l any Attorney of any Court of Common Plea, of the Com nwealth of Pennsylvania, to appear for him, them, it, or any of tbem, in any oE the laid Courts of Co mon Pleas as Attorney lor him, them or it and in hil!l, their, i18, name, mark satisfied of record at the cost nd expense of the Contractor or of any Sub-Contractor or Materialman, or Materialmen, any and all dai 8 or claim, lien or Henl!l, filed by or lor the Contractor. or any Sub-Contractor or Materialman, or in his or their name against said building or buildings., lot or IoU of ground or .any part thereof and for suc act or acts this 8haU be good and sufficient warrant and authority. and a reference to the Court, Term a Number in which .nd where this Agreement .hall h.ve heen !iled .h.U he . sulIlcicnt exhibit of the.u ority herein contained to warrant such action, and the Contractor 10.. himself, themselves, itseJl, do hereby mise, release and quick-claim all rightl!l and an manner of errors, delects and imperleftioDII whatsoever in ntering such satisfaction or in anywise to\1ching or concerning the same. IN WITNESS WHEREOF Ibe ..id parties h.ve here unto set tbeir h.nd. .nd se.l. aled the d.y Hnd year fint above written. By red~~~ . PPP'P .pu................... ~Y:~~y.u' XB:E..!).u.l\:.~...:r'~.I:l.l\::i...~fJ.;r:.~p'J;;RS. I~<::,.............. ~:.~ ,-...-:('" / .................................................../.............. Fred A. Tiday,~esiden / -~",-- WITNESSES PRESENT, n.."."u.. r"lntl..._2_1O.K'f ALL that certain tract or lot of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and describe as follows: BEGINNING at a point on the eastern dedicated right of way lin of Old willow Mill Road (T-504) at an iron pin to be set on th dividing line of Lot No. 4 herein conveyed and Lot No. 3 as sh on the hereinafter mentioned Subdivision Plan; thence along Lo No. 3 North 90 degrees 00 minutes 00 seconds East a distance 0 470.46 feet to an iron pin to be set on the dividing line of L t No.1; thence along Lot No.1 South 02 degrees 41 minutes 16 seconds West a distance of 280.25 feet to an iron pin to be se on the dividing line of property now or formerly of Jeffrey A. Schleig; thence along lands now or formerly of Jeffrey A. Schleig, lands now or formerly of Robert L. and Linsey Carol, lands now or formerly of Clifford H. Riddle, Jr., South 90 degrees 00 minutes 00 seconds West a distance of 451.32 feet proposed concrete monument on the eastern dedicated right of line of aforementioned Old Willow Mill Road (T-504); thence a said eastern dedicated right of way line North 01 degrees 13 minutes 57 seconds West a distance of 280.00 feet to an iron to be set, the place of BEGINNING. wn o a ay ong CONTAINING an area of 2.9620 acres exclusive of the dedicate right of way of Old Willow Mill Road (T-504). in BEING Lot No.4 of the Final Subdivision Plan for Fred D. an Darlene J. Tiday, of a 10.53 acre tract prepared by Hoover Engineering Services, Inc., dated September 11, 2003 and rec rded in the Recorder of Deeds in and for Cumberland County in PIa Book 89, Page 28. IT BEING A PART of the same premises which Donald D. Peak a d Harriet K. Peak, husband and wife, by deed dated July 31, 2 03 and recorded in the Office of the Recorder of Deeds in and or Cumberland County, Pennsylvania, in Deed Book 258, Page 260 , granted and conveyed unto Fred A. Tiday and Darlene J. Tida , husband and wife, MORTGAGORS herein. EXHIBIT "AU ~g~ l ;-1 __ C> ..... '0 C> - "'- ~ ~ ~ ~ , ' "II ~ ('" r t2- tJ ft- -:"'1 ~. -. ( C,) "",) (..0