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Home My WebLink About05-3112 uOfUO/U, 11:30 FAX 8108255722 FIDELITY NAT' L It! 003 " .' os ~ 3 II;;) M t-D YEAR d..Cf!JS C,P.ND. Term ND, M.L.D. Date Filed ApplicatiDn ND. STIPULATION AGAINST LIENS Wi I hom JQ~SJOJm;rftO ~ ~ rY1,~_hl)sJ~ ~Ih f),bJoo-l-- , CommClor jre.,-hJ Ph-CL /-;06 0 Iud "l"C-24 (Rtv, 8.g61 STII'ULA nON AGAINST L1E~S FIllELtTY N~..'r::_L 141 002 05/06/05 11:30 FAX 6108255722 ," ..... Applicarion No_ c (.J SWfY7 1-I0fY}c;~ WHEREAS. the said parries have by a duly executed Agreement under .eal. bearing eV<:ll da1e herewith, entered inro . written cOI'l1.fact for the erection am.l ct)illpleti on of ;q cC)n,fQ.kW P!aLe.. I fY1z, rlrvlJ">'Jr'6!yl<<j'~ to be crecrc:d on; ~ A~-hD.~d ~~- in which Agl't:~ll1en( the Concracl.or cO\lennmed. promised l:l.nd ugre~d (hat no mechanics' claims or liens should be enlered and tIled againSt the titlid bui1i:ling or bLli1dings or any pi)J1 [hereof. or the cunilage Of c\.\r~llQ.ges appuncnam rhen:::to. NOW THIS AGRl::~MF.NT WITNESSETH. That COl\o'aCtor for and in con.ider.tion oftlle awarding \0 him by OvJn~ of said contract as afor~id, as well as the furmer considcnltiort Of One ($1.00) DotJar to him paid at or before the ens=aling a.nd delivery of these presents. lhe n::~eipt whereoris hereby aclcnowledged. doe~ hereby tovcnan\. prom;:5e and agree that 110 mechanics' lien or claim 0,' other lien or claim oftmy ldnd whatsoevel' shall be: filed againSt the: $aid buildinB. or iJuildings or the. \:urlilag.~ ~r curtilagcs 8??\.\rtenant theretO. b)' Contractor or by any sub-e;ontraCtor. rnar~(inlmGn a( laborers for work dUI1C: or materiaLs furnished umll;r said contMlCt for and about said builclillS or buildings or a.ny pan therr;.uC I,)r 0\' c~.edil tll'.::n:oL 'd\"\1..1 ~hat '(III :;\II,-l:l)ntractors. matCfialmen. 8lld laborers on said work shaJllook 10 and hold CO\1ll"'clCtOI' personally liabll; ror all $lJb-t::Oi1tJ'~CS. materials tllmished and work and labor don.;. so Lhlj.l th~re shall \,m he as\) legal or lawt\l\ clain'\ of any k.ind whatcver againsl Owner for cln)' work. done or labor of matel'ials furnished LInder said contl1lCl for and about the erection. consLrul:tiol'l and cOITlpletion of said buildingS as atorcsaid, or under &ny t.(m\:.j.\Ct$ tor eX[tll work.. or for work tiupplem~ntal d1el'etO, oj' otherwise. .4..'ND. ill order to Q.ive th~ OWller full powc;:r and authority to protect himself and the lot or lo~ or gr'ound against l:tJ1y alld all claims filed by the Contractor or unyoll!;: acting under or through him or il in violation nf[he foregoing COVenMt. the 5aid Cuntn:lcl, fur hjlTl;:i~It: lh~11l,;.;elvcs. ilSr.:H: hereby irn;vol:ably i::l.lJthorius and empowc:r.s l:m)' Attorney of any COLIn of Common PIC:lI~ uf the Commonwealth of P~nnsyJ'VanifL. to appeal' tor him. them. it, or any of them, in any l.lethe said Courts ofColllmoll Picas aJ:j Attorney tor hifh, them or it and ill hb. their. irs. name, mark satisfied or rett.)rd at the COSt and expense of the Contrw.."tOr l)r of allY Sub-ContractOr or Mu~eriallTlW1,. or Mateclalmcn. l:LIlY and all ~Iaims or claim. lien or lien~. Iih:rJ by 01' to!' [he Contractor, or any Sub~ContractOr or Marerialman, or in hi;; or their nam~ againsl ~aid bllilding ur buildi'l,g.s. IOl or IOL'i of ground orany part lhe:reofMd tbl' such act or aCtS this ShaH be. good and sufficienL warwnt ~\ncJ authority. and D. rcfi.:rencc to the Cuun. Term and Number in which and wllere this Agrecmenl ~ha.ll hn'lle bt::en l'llec! $ha11 b~ a sut'f1cicnt !;x.hibil or Lhc: auLlulrity herein contaJncd to warrant. such actioD. and ~hl: Co\\[raclor tor himself, themselves. itself. do ~~reby renliSe, release and quit-claim all riShrs and aU mannr;r of errors. defects and imperfections whatsocoJel' in entering such satisfactjon or in an)'wisc touching or C(lnc:c:mjng the same. IN WITNESS WHEREOf Ll1e said paltic. have l1ereun'o $et their 11 ld. an wri~len, ~ o.bove Notanal Seal Heather A_ Ruhl, Nota'Y Public Steellor1 Boro, Dauphin County My Commission Expires June 3, 2006 ,[,C-24 (R", *,ber, Pennsylvania Association Of Notaries STIPULATION AGAINST LIENS .. .. FlDELI1Y NATIONAl. TITLE INSURANCE COMPANY SCHEDULE C DESCRIPTION File No. 0131 Commitment No. 0131 See Attached Exhibit A Property Parcel Number 10-05-0439-029 ALL THAT CERTAIN piece or parcel of land situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, lying along Shireton Place and being approximately 270 feet west of Pellingham Circle, bounded and described as follows, to wit: BEGINNING at the intersection of the southerly right-of-way line of Shireton Place (50 feet wide) with the line of division between Lot 18 and 19; extending (1) thence along Lot 18, South 42 degrees 46 minutes 43 seconds West, 301,86 feet; extending (2) thence along the lands now or formerly of Augustus E, and Anna Mae Putt as recorded among the land records of Cumberland County in Deed Book 13H, Page 369, North 05 degrees 18 minutes 29 seconds West, 417,06 feet; extending (3) thence along Lot 20, South 68 degrees 24 minutes 02 seconds East, 235.85 feet to the northerly right-of-way line of Shireton Place; extending (4) thence along said right-of-way line by a curve to the left, having a radius of 97,00 feet, an arc distance of 116.51 feet, and a chord bearing and distance of South 12 degrees 48 minutes 39 seconds East, 109.63 feet to the place of BEGINNING, CONTAINING 1.291 Acres. BEING LOT NO. 19 as shown on plan entitled "Final Subdivision Plan of Phase 1, Wentworth Estates" Dated 11/20/2002, last revised 04111/2003, Job Number 1001-846, prepared by LSC Design, Inc" York, PA and recorded in Cumberland County office of the Recorder of Deeds in Plan Book 87, Page 50. BEING part of the same premises which Ernest S. Burch, as Trustee of Burch Trust dated October 4, 1991, and as Trustee of Burch Trust dated April 22, 1996, by Deed dated January 2, 1997 and recorded January 9, 1997, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 151, Page 867, granted and conveyed unto Smith Land & Improvement Corporation, a Delaware corporation, a Grantor herein. Kinsley Equities II Limited Partnership holds an equitable interest according to Memorandum of Agreement dated January 9, 2003 and recorded January 10, 2003 in the Dauphin County Office of the Recorder of Deeds in Record Book 693, Page 1482 regarding an unrecorded Agreement Between Kinsley Equities II Limited Partnership and Smith Land & Improvement Corporation Concerning the Development of Real Property Located in Hampden Township, Cumberland County, Pennsylvania dated January 21, 2000. ALSO BEING a part of the same premises which Jack Leonard Bair, married man, by his deed dated June 11,2003 and recorded June 12,2003 in the Cumberland County Office of the Recorder of Deeds in Record Book 257, Page 2828 granted and conveyed unto Smith Land & Development Corporation, a Delaware corporation, and Kinsley Equities II Limited Partnership, a Pennsylvania limited partnership, the Grantors herein. Rachel Bair also joined in on the deed for the sole purpose of releasing any marital rights in the subject real estate. '" , 0 r-> R. c: ~ ~ '- -I \'r c: :I: 4'1 " ::,;::;: 111f'::;::' ~ , --"1'-;\ ~ - ~,~, 0" ~ ~ -;1>.... - tu ::.t: ',1.('5 "'" ~ ~ ',_.' - :~rn c. - "", ? ,. s; \U :2 0 :n ~ ~ ....;: ~ "" ~ ~ t -k.. ~ " ~. ~ - -------