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STIPULATION AGAINST LIENS
The undersigned contractor furnishing services, labor or materials, known as
LIBERTY EXCAVATORS, INC., a Pennsylvania corporation (the "Contracto!")
intending to be legally bound, and in consideration of the sum of ONE AND NO/100
DOLLAR ($1.00) to it in hand paid by MAX D. MARBAIN, an adult individual ("Owns!"),
the receipt whereof is hereby acknowledged, for itself and any subcontractors,
materialmen, laborers or anyone else acting through or under it, covenants and agrees
that no mechanics or materialmen's liens or claims shall be filed or maintained by it,
them or any of them, against the real estate described in Schedule "A", attached hereto
and made a part hereof, or against any infrastructure, buildings or other improvements
thereon (jointly and severally, the "Real Estate"), for or on account of any work to be
done or materials furnished under the principal contract between Owner and Contractor,
dated November 29, 2005, or under any supplemental contract, verbal or written, or
contract for extra work or materials relating to and work to be done or material furnished
under said principal contract. The undersigned, for itself, its subcontractors,
materialmen, laborers and anyone else acting or claiming through or under it, hereby
waives and relinquishes all right to file a mechanics' lien, claim or notice of intention to
file any lien or claim against the Real Estate.
The undersigned, for itself, its subcontractors, materialmen, laborers and anyone
else acting under or through it, hereby irrevocably authorizes and empowers any
attorney of any court of competent jurisdiction of the Commonwealth of Pennsylvania, or
elsewhere, to appear as attorney for it, them or any of them, in any such court and, in its
or their name or names, mark satisfied of record at the cost and expense of the
undersigned, any and all claims, liens, any pleading or instrument, or any amendment to
any pleading or instrument previously filed by it or them, to incorporate therein as part of
the record this waiver and for such act or acts this waiver shall be good and sufficient
warrant and authority, and the undersigned for itself, and for them, does hereby remise,
release and quit-claim all rights and all manner of errors, in filing such pleading,
instrument or amendment, or in any way concerning them.
Owner shall have the absolute right in its name or in the name of the
undersigned or any other entity or person who shall have filed a claim or lien, to cause
any and all such claims or liens to be discharged by any other instrument, pleading or
proceeding permitted at law or in equity.
The undersigned hereby avers, represents and warrants that no work has
commenced on the Real Estate, that no materials have been delivered to the Real
Estate and that no labor has been furnished for the improvement of the Real Estate by
the undersigned.
This stipulation is made and intended to be filed with the Cumberland County
Prothonotary in accordance with the requirements of the Mechanics' Lien Law of 1963
of the Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, the undersigned has caused this instrument to be
executed as of the ....:it) fJ, day of November, 2005.
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By
N.ame: Jf:cJ..iII./.:1..;
Title: Res :o(t!l
V"'1A~
ATTESTIWITNESS:
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SCHEDULE A
THE REAL ESTATE
All THAT CERTAIN parcel of land situate in Silver
Spring Township, Cumberland County, Pennsylvania,
containing 30.8 acres more or less, as more particularly
bounded and described in Cumberland County Deed Book
218, Page 926, the perimeter metes and bounds
description of which is incorporated herein by reference.
BEING Lot #1 as depicted on Cumberland County Plan
Book 80, Page 113.
ALSO BEING identified as Cumberland County Tax
Parcel No. 38-08-0567-152.
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