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HomeMy WebLinkAbout06-2604 .. '.. STIPULATIONS AGAINST LIENS Mark B Nolt Lisa Z Nolt Owner Contractor } } } } } } Cumberland , Pennsylvania In the Court of Common Pleas, County of vs Zeiset Equipment Number: /?~ - ;lU)I/ /J1t..~Term, WHEREAS, Mark B Nolt Lisa Z Nolt of 711 Ridge Road, Shippensburg , Pennsylvania, is about to execute contemporaneously herewith, a contract, with Zeiset Equipment of 1 Mill Road, Newville, PA 17545 for the erection of a broiler/breeder facility building upon a lot of land situate SEE ATTACHED EXHIBIT "A" NOW, ;1/~/ . .;kIq(, , at the time of and immediately before the execution of the principal contract, and before any authority has been given by the said Mark B Nolt Lisa Z Nolt to the said Zeiset Equipment to commence work on the said building, or purchase materials for the same in consideration of the making of the said contract with Zeiset Equipment and the further consideration of One Dollar, to Zeiset Equipment paid by Mark B Nolt Lisa Z Nolt , it is agreed that no lien shall be filed against the building by the contractor, or any sub-contractor, nor by any of the material men or workmen or any other person for any labor, or materials purchased for the erection of said building, the right to file such liens being expressly waived. WITNESS, our hands and seals the day and year aforesaid. Lisa Z Nol~ V:Zeiset Equipme <r ~. EXHIBIT "A" ALL the following described real estate lying and being situate in Southampton and Hopewell Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at a white oak; thence by lands now or late ofO. Renshaw's heirs North 20.5 degrees West 103 perches to a post; thence by land formerly of Mrs. L. Martin now of John Shoap, North 75 degrees East 63.1 perches to a post; thence by same, North 18 degrees West 168 perches to stones; thence by lands formerly ofS. Swanzy and P. Noaker, now of Luther Beam and Robert Chamberlain North 68 degrees East 69.1 perches to stones; thence by lands formerly of John Chamberlain and others, South 26.5 degrees East 59.5 perches to a stone; thence by lands formerly of J. Rhoads and W. Hayes, now of John Seitz, South 14.5 degrees East 153 perches to a rock; thence by lands formerly of Adam Hocker and Abner Rutherford, now or George Thrush and Aaron Book, South 48.5 degrees West 122 perches to the place of BEGINNING. CONTAINING 123 acres and 17 perches, strict measure, and being improved with a dwelling, bam and other outbuildings. TOGETHER with all and singular, the buildings, improvements, woods, ways, rights, liberties, privileges, hereditaments and appurtenances, to the same belonging, or in any wise appertaining and the reversion and reversions; remainder and remainders, rents, issues, and profits thereof, and of every part and parcel thereof. And also, all the estate, right, title, interest, property, possession, claim and demand whatsoever, both in law and equity, of the said party of the first part, of in, and to the said premises, with the appurtenances. TO HAVE AND TO HOLD the said lot or piece of ground described, the hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantees, their heirs and assigns, to and for the only proper use and behoove of the said Grantees, their heirs and assigns forever. BEING the GRANTOR'S interest (37.14%) in the same premises conveyed by Mark B Nolt, by deed dated July 31,2003, to Mark B. Nolt and Lisa Z. Noll, husband and wife, Grantees, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvauia, in Deed Book 258, Page 2335; ALSO BEING THE SAME premises conveyed by Donald E. Crouse and Ruth L. Crouse, husband and wife, by their deed dated February 23, 1989, and recorded in the Cumberland County Recorder of Deeds Office in Deed Book Volume 33 on Page 1066 to Peter J. Emrick and Elaine Emrick, husband and wife. Peter J. Emrick died on November 27, 1997, and Elaine Emrick thereby became the sole owner of the subject property as the surviving joint tenant by the entirety. CROSS DEFAULT CLAUSE It is understood and agreed that a default under the terms of either this present mortgage or a certain mortgages to AgChoice Farm Credit, ACA and recorded herewith in the Land Records of Cumberland County, Pennsylvania, shall constitute a default under the terms of both, AgChoice Farm Credit, ACA for itself and/or as agent/nominee for AgChoice Farm Credit, FLCA is the legal holder of the obligation, bond or other evidence of debt secured by said mortgage. BETTER SECURING CLAUSES If a party's signature is needed soley to release a property interest that they have or may acquire in the property in the property being offered as security, the following clause must be inserted in the mortgage. It should generally be placed at the close of the property description. The said Etta M. Noltjoins in the execution of this instrument soley for the purpose of releasing and conveying to the mortgagee/trustee herein all hislber (their) right, title and interest to the property described in this instrument in order to better secure the obligation which has been incurred by the mortgagors/grantors herein. ,~ ... ....... ~ ~~ , ...... ~ ~ -= ~ "'" C> -O?:. <::r' OJ ::r:: ~:o ....... 't> t!;Jf]' ".. ~ ' -: ~~ ~ ~ ze I - ~1:-: --J "'- (.S'l ~ r: t.. <;:" ~~ ...j 'J ~C -0 ~ :2;' ::r:: ~ ~-'2 u--... p ., '* :Z: "'" ---J l' ::2. <;:) ~ ~ a:> t t