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HomeMy WebLinkAbout06-3681 /)(r~81 MLD . STXPULATXON AGAXNST LXENS THXS AGREEMENT made this,)l, day of 4~ ,2006, between YANEK CUSTOM HOMES, XNC., herei~eferred Contractor, by and to as AND Sprinq Court condaninium <Mner I 5 Association. Assionor , hereinafter referred to as Owners, whereby the contractor undertook and agreed to erected and construct a dwelling on the certain lot of ground situate in the South Middleton Township, Cumberland County, Commonwealth of Pennsylvania, and more fully described in Exhibit "A" which is attached hereto and made a part hereof known as Spring Court Condominium, Boiling Springs, South Middleton Township, Carlisle, Cumberland County, PA. NOW THEREFORE, THXS AGREEMENT WXTNESSETH: That the said Contractor, for an in consideration of the sum of ($1,00) Dollar to Contractor in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for itself, himself or themselves and its, his or their subcontractors, and all parties acting through or under them, covenant and agree that no mechanic's liens or claims shall be filed or maintained by them or any of them against the said buildings and the lot of ground appurtenant thereto for or on account of any work done or materials furnished by them or any of them under said contract or otherwise, for, towards, in, or about the erection and construction of the said buildings on the lot above described, and the said Contractor, for itself, himself or themselves, its, his or their subcontractors and others under them, hereby expressly waive and relinquish the right to have, file, and maintain any mechanic's liens or claims against the said buildings or any of them, and agree that this instrument, waiving the right of lien, shall be an independent covenant. WXTNESS our hands and seals the day and year first above written. )'AlIl~S, INC. By: ~~a~, Jr. , COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SS On this, the;;<b day of CJtt/lle ,2006, before me a Notary Public, the undersigned of~~r, personally appeared Steve J, Yanek, Jr. who acknowledged himself to be the President of Yanek Custom Homes, Inc. and that he as such President being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the said Corporation by himself as such President. IN WITNESS WHEREOF, I hereunto set m NOTARIAL SEAL KANOl l, lENKER. NOTARY PUBLIC CARLISLE BORO. CUMBERLAND COUNTY '1', :OMMISSION EXPIRES MARCH 10, 2009 . . EXHIBIT A ALL OF THE ASSIGNOR'S right, title and interest in and to the following property and rights (hereinafter, the "Property"): (a) All the Special Declarant Rights as defined in Section 3] 03 of the Pennsylvania Unifonn Condominium Act, Act of July 2, 1980, P.L. 286, No. 82 (68 Pa. C.SA ~31 0] et seq.), as amended (hereinafter, the "Act"), together with all other powers, rights and interests assigned and transferred by Spring Court Condominium Owners Association (hereinafter Spring Court) to Assignor identified in and more particularly set [011h in that celtain Assignment of Special Declarant Rights, Units 7-17, Inclusive, Spring Court Condominium, dated February 28, 2005 by and between Spring Court Condominium Association as Declarant a nd A ssignor asS uccessor Declarant which is to be recorded contemporaneously with this in the Office of the Recorder of Deeds in and for Cumberland County in Misc. Book 7] 5, Page 2737 with regard to Spring Court Condominium located in South Middleton Township, Cumberland County, Pennsylvania. which has heretofore been submitted to the provisions of the Act by the recording of a celtain Declaration Creating and Establishing Spring Court Condominium recorded October 17, 1986 in Miscellaneous Book 324, Page 775; and the Amendment of the Declaration of Spring COUl1 Condominium dated July 29, 1992 recorded August 17, 1992 in Miscellaneous Book 424, Page I 14; and the Second Amendment to Declaration Creating and Establishing Spring Court Condominium dated Fcbruary 28, 2005 and to be recorded concurrently herewith as the same may hereinafter be amended, modified or supplemented (collectively, the Condominium Documents) including without limitation, the following: J) the right to maintain offices and models as provided in the Condominium Document; 2) (2) TIle right to the easements in favor of the Declarant as provided in the Condominium Documents and Section 32 18 of the Act to the extent that such easements are necessary or desirable for the Assignor's development or the observance of the Assignor's duties and obligations under the Act and the Condominium Documents; and (3) The right to market the Units constructed and to keep the profits from the sale or lease thereof; and (4) The right to sell, transfer, lease, sublease or relet any Unit constructed. (b) The Units comprising Units 7 to 17, inclusive, as provided in the Condominium Documents (c) All buildings and other improvements erected or hereafter erected as part of - 9 - . .. the Assignment of Special Declarant Rights for Units 7 to 17, inclusive, of Spring COUli Condominium. (d) All fixtures and any appliances, machinery, furniture, furnishings and equipment of any nature whatsoever, belonging to Assignor and other aIiicles of personal property belonging to Assignor now or at any time hereafter installed in, attached to, delivered to or situated in or upon Spring Court Condominium or any buildings and improvements now or hereafter erected thereon, or located upon and used or intended to be used in connection with Units 7 to 17, inclusive, or in the operation of any buildings, improvements, plant or business, now or hereafter erected or situate thereon and owned by Assignor, or in the operation or maintenance of any such building, improvement, plant or business situate thereon, whether or not the personal propeliy owned by Assignor is or shall be affixed thereto. (e) All building materials, fixtures, building machinery and building equipment delivered on site during the course of, or in connection with, construction of, or reconstruction of, or remodeling of any buildings and improvements. (f) Any and all easements, rights of way, tenements, hereditaments and appurtenances belonging or any part thereof hereby mOligaged or intended so to be, or in any way appertaining thereto, and all streets, alleys, passages, ways, water courses, and all easements and covenants now existing or hereafter created for the benefit of the Assignor or any subsequent owner or tenant of a Unit over ground adjoining Spring Court Condominium and all rights to enforce the maintenance thereof, and all other rights, liberties, and privileges of whatsoever kind or character, and t he l' eversions a nd I' emainders, income, rents. issues and profits arising therefrom. and all the estate. right, title, interest. propeliy, possession, claim and demand whatsoever, at law or in equity. of the Assignor in and to the Propeliy or any part thereof. (g) All proceeds of the conversion, voluntary or involuntary, of any of the foregoing into cash or liquidated claims, including without limitation, proceeds of insurance and condemnation awards. (h) All substitutes and replacements for, accessions, attachments, and other additions to, and tools, palis, and equipment used in connection with any of the above. (i) All revenues and profits, accounts receivable, insurance payments or proceeds and all other sources whatsoever and the proceeds thereof. and contract rights, including aIlY deposits of purchasers to secure payment ofthe contract price and the pelfol1nance of any of the terms and conditions of any contract of sale for any Unit, with the right to collect the same at any time for application to any of the Assignor's obligations and to utilize any collection or enforcement rights or remedies which may be available to the Assignor under - 10 - .. . . .. law or any contract of sale, but without any duty or obligation to perfom1 on behalf of the Assignor any ofthe Assignor's duties or obligations to any party under the contracts. (j) All rents, profits and benefits, including any deposits of tenants to secure payment of the same and perfonnance of the tenns and conditions of any oral or written lease, with respect to leasing of any Unit, with the right to collect such rents, profits, and benefits at any time for application to the indebtedness evidenced by the Note and to utilize any collection or enforcement rights or remedies which may be available to the Assignor under the law or any written lease, but without any duty or obligation to perform on behalf of the Assignor any of the Assignor's duties or obligations to any lessee. (kl All propeliy similar to the above hereafter acquired by Grantor. - 11 - ,~ r-_' cO) r.t .' .~~ ':-; r'- , wn t>. c..>.... C,_ :::::l ~ 0.- \J\ .'-c--r. ~ U> f11p- ~ 8 ~._. ".... ~ " ~...... , ~-i-' C;'J ~ ~ ~ 1- ~ -; .:CO 0 0 .... + ;,.[,! ~ \"-.) 6- ( " ~