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HomeMy WebLinkAbout05-3481 bS - ..JL{ PI t?7 0:; ~ ~ AIOS-S44-S Fornt 2SS Application No. 8th July 2005 mmmA. D. 19.... ..m, between... mGRAlG..PAVIP. MJ;:11.QI.IAl:'P ...........day of...... DEBORAH LYNN ZEIGLER ......--.-...........- THIS AGREEMENT Made and concluded this ... of.... ..........., party of the first part (hereiuafter called Owner), AND.. THE MCNAUGHTON COMPANY _......... m..... ............-........ ..........., party of the second part (hereinafter called Contractor). WHEREAS, the said parties have by a duly executed Agreement under seal, bearing even date here- with, entered into a written contract for the erection and completion of..... A SINGLE FAMILY HOME ..............................................................- to be erected on SEE ATTACHED LEGAL NOW THIS AGREEMENT WITNESSETH: That Contractor for and in consideration of the awarding to him by Owner of said contract as aforesaid, as well as the further consideration of One ($1.00) Dollar to him paid at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed against the said building or buildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any sub-contractor, materialmen or laborers for work done or materials furnished under said contract for and about said building or buildings or any part thereof, or on credit thereof, and that all sub-contractors, materialmen, and laborers on said work shall look to and hold Contractor personally liable for all sub-contracts, materials furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatever against Owner for any work done or labor or materials furnished under said contract for and about the erection, construction and completion of said buildings as aforesaid, or under any contracts for extra work, or for work supplemental thereto, or otherwise AND, in order to give the Owner full power and authority to protect himself and the lot or lots of ground against any and all claims filed by the Contractor or anyone acting under or through him or it in violation of the foregoing covenant, the said Contractor for himself, themselves, itself, hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Penn- sylvania, to appear for him, them, it, or any of them, in any of the said Courts of Common 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 dr Materialman, or Materialmen, any and all claims or claim, lien or liens, filed by or for the Contractor, or any Sub-Contractor or Materialman, or in his or their name against said building or buildings, lot or lots of ground or any part thereof and for such act or acts this shall be good and sufficient warrant and authority, and a reference to the Court, Term and Number in which and where this Agreement shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor for himself, themselves, itself, do hereby remise, release and quit-claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in anywise touching or concerning the same. _ _~ .t_ _!.. 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Cl <e: Q., Stewart Title Commitment Number: A 1 05-544-S SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL that certain piece, parcel or lot of land, together with improvements, situated in Hampden Township, Cumberland County, Pennsylvania. and bounded and described as follows: BEGINNING at a point on the Westem right-of-way line of Jennifer Circle (50.00 feet wide), said point being located at the Southeastem comer of Lot No. 78; then along said right-of-way line South 14 degrees 19 minutes 47 seconds East, for a distance of 100.00 feet, to a point in line of other lands now or formerly of The McNaughton Company; then along said other lands of McNaughton, South 75 degrees 40 minutes l3 seconds West, for a distance of 140.00 feet, to a point at the Southeastern comer of Lot No. 75; then along the Eastern boundary line of Lot No. 75, North 14 degrees 19 minutes 47 seconds West, for a distance of 100.00 feet, to a point at the Southwestern comer of Lot No. 78; then along the Southern boundary line of Lot No. 78, North 75 degrees 40 minutes l3 seconds East, fora distance of140.00 feet, to a point and the place of BEGINNING. This piece, parcel or lot ofland contains approximately 14,000 square feet ofland, and is \mown and numbered as Lot No. 79 on the Final Subdivision Plan for Good Hope Fanns South - Phases X and XI, which is recorded in Cumberland County in Plan Book 89, Page 90. BEING APART of the same premises which Thomas W. Gaughen, d/b/a! TWG Real Estate Management Services, conveyed to The McNaughton Company, a Pennsylvania Corporation, by deed dated October 5,1994 and recorded in Cumberland County in Record Book 112, Page 1058. (A105-544-S MELLOTT.PFDIA105.544-S MELLOTTI5) AL T A Commitment Schedule C - G> IV ~ It:- 1" ~ .vi C> '- D \' ~ p:! 6' CS ..... ~ --0 =b I ......... b CJ-- ~ fl.{ Cf- P 11\ () Q ~ o S; --r~ ;-c~: L-r'ir': ~;::.J. ~'~d ~; --~~ \' i:~F: ~ . ..., = = en <- c:: .-- ~ :;:i f!i:D r- lJn1 :-uO ......., ' ~C) ~~ <.::..)I'Tl: .~ ::0 -< :!.2: '!? w ..a