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HomeMy WebLinkAbout05-1614 Jflllutf of Jjttns -d3 65- /~(+ IAC{) -'.... - THIS AGREEMENT made and concluded this 2 4:t:l:1...... ...day 01 ..M~J::9.)J................A. . :If....!?.9.'O 5 b ELDON..J......... MARTII:'!.. etween..._.. ...................__ n.............. .n.nn.........,... 01... F.rl1nl<,:Un ..<:;91,m:t:Y.,.?~PP<'lY+Y9Jl.i,;\......... party 01 the first part (hereinalter call dOwner). AND... .ELI)()N 14AR'r IN...B 1J:r: I..IJ E: ~,... I~c:: ~....... party of the second part (hereinafter called) Contractor. WHEREAS. the said parties have by a duly executed Agreement under seal, bearing even date herewith. entered into a written contract ror the erection and completion of.... .3....1;.\\79.. $:l:(), Y. .....s.JIlgJ"'..f'al11:i)yul.''''El:i,<;l.E>.Ilt::Lal..ci~E>J)j..ng...... . ...........u............... ........... .. to he erected on ALL that certain tract of real estate situate i Southampton Township, Cumberland County, pennsylvania, being as Lot No. 41, more fully set forth on Exhibit "A" attached and made a part hereof. known ereto in which Agreement the Contractor covenanted, promised and agreed tbat no mechanics' clai should be entered and filed against tbe said building or buildings or any part thereol, or the cl.rtilages appurtenant thereto, s or liens urtiJage or NOW THIS AGREEMENT WITNESSETH: That Contractor lor and in con.ideration 01 t e awarding to him by Owner of said contract as aforesaid, as well as the further consideration of One ($1. ) DoUar to him paid at or hefore the ensea]ing and delivery of these presents, the receipt whereof is here y acknow- ledged, does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall he filed against the said huilding or building.s or the curtilage 0 curtilages appurtenant thereto, by Contractor or by any 8ub-contractor, materialmen or laborers for w k done or material8 furnished under said contract for and about said building or buiJdinglll or any part t ereof, or on credit thereof, and that all sub-contractors, materialmen, and laborers on said work shall look 0 and hold Contractor personally liable for all suh-contracts, materials furnished and work and lahor one, 80 that there shall not he any legal or lawful claim of any kind whatever again8t Owner for any work d ne or labor or materials furni8hed under eaid contract for and about the erection, construction and compl ion of said buildings a8 aforesaid, or under any contracts lor extra lVork, or for work supplemental thereto, r otherwise AND, in order to give tbe Owner full power and authority to protect himself and the 1 or lots of ground against aoy and all claims filed hy the Contractor or anyone, acting under or through him or it in violation of the foregoing covenant, the said Contractor lor bimaeJl, them8elve~ ihelf, her by irrevoc- ably authorizes and empower8 any Attorney of any Court of Common Pleas of the Com onwealth of Pennsylvania, to appear for him, them, it, or any of them, in any of the said Courts of C mmon Pleas as Attorney for him, them or it and in his, their, its, name, mark satisfied of record at the cost and expense of the Contractor or of any Sub.Contractor or Materialman, or Materialmen, any and all clai 8 or claim, lieu or lienl'l, filed by or for the Contractor. or any Sub-Contractor or Materialman. or in his or their name against 8aid building or building, lot or lots of ground or .any part thereof and for suc act or acts thiB ehall he good and sufficient warrant and authority. and a reference to the Court, Term a Number in which and where tbi. Agreement .hall have been filed .hall be a .ufficicnt exbihit 01 the a.. ority herein contained to warrant such action, and the Contractor for him8elf, them8elve8, itself, do hereby I" mise, release and quick-claim all rights and all mBDDer of error8, defech and imperfections whatsoever in Dtering l\nch sati8laction or in anywise touching or concerning the same. IN WITNESS WHEREOF the .aid partie. have here ..nto .et their hand. and .eaI. dIed tbe day Rnd year first above written. if(~.;ui~4?(:~u.u l':.~.D..9t'l..uW\..Jl.o:r.J:t'l....13lJ.J:.~.D..J;;Il:!...J:.l'<.. .~.. .................. By .E~~t:~~sIde t.................. o..n.bbfl 'rtftt!ftJ(_2_IO_NT ~ . ALL that certain tract of real estate situate in Southampton Township, Cumberland County, Pennsylvania, bounded and descri ed as follows, to wit: BEGINNING at an iron pin to be set at the northwestern corner of Lot No. 41 along Daisy Road; thence continuing along Daisy Ro d North 490 36' 01# East, 52.39 feet to an iron pin to be set; thence continuing along Daisy Road along the arc of a circle bearing to the right having a delta angle of 910 37' 13#, hav'ng a radius of 35.00 feet, an arc distance of 55.97 feet (the ch rd of said arc bearing South 84" 35' 23# East, 50.19 feet) to a iron pin to be set; thence along Milky Way, South 38" 46' 47# East, 124.05 feet to an iron pin to be set; thence along the common line of Lots 40 and 41 South 490 36' 01# West, 83.87 eet to an iron pin to be set; thence along the common line of Lois 1.1 and 42 North 40" 24' 00" West, 159.99 feet to an iron pin to be set being the point and place of BEGINNING. CONTAINING 13,500 square feet and being Lot 41 pursuant to t e Hampton Hills, Phase I Final Subdivision Plan, dated Februar 2, 1996, and revised March 1, 1999, prepared by Martin and Mart n, Inc., and recorded on October 5, 2001 in the Office of the Register & Recorder of Deeds of Cumberland County, Pennsylva ia at Volume 84, Page 14. SUBJECT to all rights-of-way, restrictions, easements, condi ions and set back lines of record, including but not limited to t ose stated in the aforementioned subdivision plan. IT BEING the same premises which Hampton Hills Development Company, a Partnership, by deed dated the day of , 2005 and about to be recorded in the Recorder's Office in and for Cumberland County, Pennsylvania, granted d conveyed unto Eldon J. Martin, MORTGAGOR herein. 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