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Home My WebLink About05-1653 Of: - / L. !::J 171. ~~ . STIPULATION AGAINST LIENS This instrument executed the _17_ day of March 2005, by Cumberland Desig & Building Co., Inc. ("Contractor") in favor ofB & C Properties, L.P. ("Owner"). WITNESSETH: A. Contractor is a contractor within the meaning of the Pennsylvania Mechanics' Lien Law of 1963. B. Owner and Contractor intend to enter into or have entered into a certai construction contract (the "Contract") respecting the performance by Contractor of certain work in connection with the construction of certain improvements and related work (the "Improvements) on Owner's property located upon a parcel of ground own d by Owner located at 100 K Street, Carlisle Borough, Cumberland County, Pennsylva ia, as more particularly described on Exhibit "A" attached hereto and made part hereof (t e "Property"). C. Contractor has by the terms of the Contract and by this instrument and he promises contained herein, covenanted, promised, and agreed that no mechanics' or materialmen's liens shall be filed or maintained against the Improvements or the Prop rty or the estate or title of Owner in the Improvements, or the Property or any part thereo (including, without limitation, any leasehold estate), or the appurtenances thereto, eith r 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 ofthe work constituting the Improvements, or under any supplemental contract for extra work, or in the erection, construction or completion ofthe Improvements on the Property or any appurtenances thereto. NOW THEREFORE, in consideration of the Contract and the covenants of Owner therein contained, and the above recitals, and intending to be legally bound hereby, Contractor covenants and agrees as follows: 1. Contractor, for itself and anyone else acting or claiming through or und r it, does hereby waive and relinquish all rights to file a Mechanic'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 again t the Improvements or the Property or any part thereof or the estate or title of Owner (including without limitation, any leasehold estate) in the Improvements or the Propert or the appurtenances thereto, or any curtilages thereto, by or in the name of Contractor r any subcontractor, materialman or laborer acting or claiming by, through, or under Contractor for work done or materials furnished in connection with the Improvements r under the Contract or any subcontract or by any other party acting through or under the or any of them for and about the Improvements or the Property, or any curtilages theret , or any part thereof. .. 2. This instrument waiving the right of lien shall be an independent cov ant and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in the erection, constructio and completion of the Improvements or under the Contract. 3. In order to give Owner full power and authority to protect itself, the Improvements, the Property, the estate or title of Owner therein (including, without limitation, all leasehold estates), and the appurtenances thereto and the curtilages ther to, 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, TO APPEAR AS ATTORNEY FOR IT, THEM OR ANY OF THEM IN ANY SUC COURT AND IN ITS OR THEIR NAME OR NAMES, TO THE EXTENT PERMITTED BY LAW, TO MARK SATISFIED OF RECORD AT THE COST AND EXPENSE OF CONTRACTOR OR OF ANY SUBCONTRACTOR OR MATERIALMEN, ANY AND ALL LIEN OR LIENS FILED IN VIOLATION F THE FOREGOING COVENANT, OR CAUSE TO BE FILED AND SERVED I 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 THI 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 contained to warrant such action, and Contractor, for itself and for them, hereby promises, 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 such way concerning them. IN WITNESS WHEREOF, Contractor has executed this instrument as of the da and year first above written. ~ O-lUl\ {II, ()'fj,6)jl ecretary CUMBERLAND DESIGN & BUILDING CO., IN, C.~ /"'7: ,/ (,/ ATTEST: COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND On this, the \,\-\-\.\ day of March 2005 before me, the subscriber, a Notary Pu lie in and for the Commonwealth of Pennsylvania, personally appeared ~'cliu.t..\... '\: . VI. ""'\'^_ , who acknowledge himself/herself to be the Vice Presid t of Cumberland Design &'Building Co., Inc. and that he/she as such Vice President exe ted the foregoing instrument for the purposes herein. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the ay and date first above written. dfgr,/J/t/- ~t lie My commission expires: NOTARIAL SEAl JEFFREY L SCOTT NOTARY PUBLIC CUMBERlAND COUNTY PENNSYLVANIA MY COMM!SSION EXPIRES.AJI. Y 22. 2001 - ~"N' An Ibosc Coma:in tn<:lS oflaod, with the ~enu theleoD erectaI, situlne in . - the Borough of Carlisle, Cumbe:r.Iand Cowrty, PllIIJlSylvallia, - pattlcu1arly ~ and described as fullows: nACT NO. 1: ~;"i at a ~lnt OJ!. the eule1;Q lido ofNonh W. Sttftt, at ' the line new or foftnerly ofLUtber C. Hull; tbeDoe alOll8 said North w. S~ North 06 ~ 22 ......utes East 33-1.21 feet to a point; thence ~ by a cutVe to, the rlaht, having a radius of so !llet, 6U feet to a pOint on the soumeu..line of"K" Stteel; 1h=ce along said "IC' Street, Soulb 83 depes 3SmlnUks East 329.5 feet to a point; tbelIce by , the same, eastlIJardly by a CUl'\'e to the r.i8Jrt. haviug a radius of 127,3 feet, 100 feet 11> B poiDt;tbeDe= by. the J8lIIe, ~ bya curve 1Xl the left bilvini a radius of 117.3 feet, 100 :feet to . point; tb.=m::e by the _, eastwBr4!J1 by a curve Ilo the rilbt. baviDa'. radius of2:5 feet, 69,S fA't1o a poiDt QIl, the westt:rn lioe of North Pitt Street; bDl:c by SlIid Norlb Pitt S1l'et>t, Soutb 06 ~_ 22 miuutes West 429.9 feet Ilo a point; tbtlric;e bybmd tJDW or formerly ofPaill Tyget atId wife, ~ 83 dI&rees 38 miIIutes 'West, 338.2 fed 1Xl a pow oa. the Hw:ofb04_ orfouat:rly QiPaul Cbro.uister lOt or; Ibel1ce by tbc IaIra: land North 03 ~ rn ~ West 74 feet to a point; !hence by iend. Di:Jw of tOr- merly oiL-C. Hull, North 06 Je&lllU 22 m;...~ Ell$l, 86.5 feet 10 a poim; ~ by Ibo SIIXIle, NOJth 83 dearees 38 ",....w. West, 178.35 feet Ilo the pl8ce ofbllsl....n.g , ;';i . . ," , J' :EXIil::Brr "All a::NI'lN.Jr:O TRACT NO.2: BeeJnnini at a point on 1fu: southem side of "K" Street. at line of othw land now or formerly of the Sunshine Minlng Company; thence by said "K" Strest by a curve to 1he left, ha~ a IBCllus of 302.7 feet, an arc length of 107.8 feet 11) a poin!; . ' thence by the sa-. by a curve to the right and having a radius oflS2.1 feet, an arc leuith of 1 0 ~ more or 1-; thence in a ,eneI2llY reversed direction along otIler land now or fo.tmerly of1he SlIIlIhine Mlnin& CompmlY, au a line ouning to 1he right and having a tadius. of 127 .3 feet. au arc l=gth of 100 feet to a point, the place ofbclginmng. Exl:eptina and resemng from the &bow desc;r:ibed ptemises, the fbUowin& ~ of Iaod: ~!qg at a point on the westem side of North Pitt StrUt, at line of land now or fmmerly ofPiezo Crystal COI11paIIy and PP A Industries, Inc.; tl=ce by said Pin S~ North 06 degnIes 22 mm1lle$ East, 30 feet, mote or less, to a point OIllhe _; thence by ocher 1and ofPP A Indus1ries, IDe., by a CUl'Ve to the left, !laving a radius of 2S fleet, an arc leD&1b of 69.5 tm to a point; thence "r WIle, by a ClltvO to ~ left, having a radilul of'127.3 ~ an arc dist:anc:e ,of 5 feet, more' or less, to a point; thcnee by otber IIIIlCI oCme Borough ofCarHsle by a C1Il'VC to the right having a ~ 0(1'2.1 iWt, an arc: ~ of72.3 feet, more or less, to the pJace ofbeginnirlg ~ ..{q C) ..., (;::::; () - c~ ~-;':;::; -\.\ ~ , C;i~ -::;:r. \) r..... :,,:;J -. \:J <.., ..- c.:; ID rvJ J"" tJ0 r- -"" '- If') " ~.D J_ (f) tJ --1 r ,.-'(. t t --r ~---