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Home My WebLink About06-3795 ~~ . ..." Stipulations Against Liens Dwayne A. Deimler 3fn tbe l/Court of l/Common lllelllll/Countp of Cumberland O'timer , Pennsylvania Dwayne Deimler Homes 379.s Docket Number tJ(p -.e:ttf /U-J.;b Term 20 Contractor Page Number This Indenture, made this 19th day of June in the year of our Lord two thousand six, Wberellll, Dwayne Deimler Homes ("Contractor") of Mechanicsburg, PA, has entered into a contract with Dwayne A. Deimler ("Owner") of 300 Mulberry Drive, Mechanicsburg, PA 17050, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 224 Hogestown Road, Mechanicsburg, PA 17050Silver Spring Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Dwayne A. Deimler is the title holder of record; and Wberellll, it is the intention of Owner and Contractor that neither said lot of ground nor the improvements erected or to be erected thereon shall be subject to a lien for debts due Owner to Contractor or by Contractor to any subcontractor for labor or materials furnished in the said erection or construction, and that the right of anyone to claim any such lien be waived hereby. Jiow, i1J:bill ~g:reement Witnelllletb: That Contractor, for and in consideration of the contract aforesaid and the considerations mentioned thereunder, as well as the further consideration of One Dollar ($1.00) to it in hand paid by the Owner at or before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, and intending to be iegally bound hereby, does hereby covenant, promise and agree, for Contractor and any and all subcontractors, materialmen, laborers and parties acting for, through or under Contractor, that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the building, improvements, lot of ground or any part hereof, or the curtilage or curtilages appurtenant thereto by anyone, and that all subcontractors, materialmen and laborers shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done. ~nb this agreement, waiving the right of lien by anyone, shall be an independent covenant and shall operate and be effective with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction and completion of the building as well as to any work and labor done and materials furnished under the contract aforesaid. ~nb, in order to give the Owner full power and authority to protect Owner and the building, improvements and lot of ground, against any and all claims filed by Contractor or anyone acting under or through Contractor in violation of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common Pleas as attorney for Contractor and in Contractor's name, mark satisfied of record at the cost and expense of the Contractor, or of any subcontractor or materialman, any and all claims or claim, liens or lien, filed by or for the Contractor, or any subcontractor or materialman, or in the name of anyone or more of them against the building, improvements, lot 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 this instrument shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor does hereby remise, release, and quit claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction of in anywise touching or concerning the same. Witness our hands and seals the day and year aforesaid. Signed and sealed in the presence of: &~~. Dwayne . Deimler ...... ~ ~AI)e. 4 Dwayn eimler Homes By Dwayne A. Deimler, President .. . ... LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsyl'Jar,ia, more particularly bounded and described as follows: ' BEGINNING at a point on the Northern right-of-way line of L.A. 416, at the intersection of the center line of the Trindle Spring Aun; THENCE by the right- of-way line of said road, North 54 degrees 56 minutes West, a distance of 174.44 feet to a point; THENCE by lands now or formerly of Kenneth Holler and wife, North 35 degrees 4 minutes East, a distance of 197.35 feet to a point; THENCE by lands now or formerly of Kauffman, South 54 degrees 56 fl!lir,utes East, a distance of 91.45 feet lerroneously stated as 181,45 feet in plior Deed) to a point at the Trindle Spring Aun; THENCE by said Run, Soutt' 30 degrees 35 minutes West, a distance of 106.00 feet to a point; THENCE b~ the same South 4 degrees 7 minutes East. a distance of 118,27 feet to c point, the place of BEGINNING. BEING PART OF the same premises which W' 'f recorded August 19, 1991, in the Office of thin! ~ed Md Fenton, widow, by Deed dated August 16, 1991, and Pennsylvania. in Book G-35, Page 833 granted e :cor er of Deeds In and for the County of Cumberland wife, ' an conveyed unto Harold D, Stoner and Marilyn Stoner, hi~ I BEING TH SAME PREMISES WHICH Harold D St ' , 2006, and about to be ~co~~:~ ~~d Manlyn Stoner, his wife, by their Deed dated ounty, Pennsylvania, granted and conveyed unto 0 the OffiA'ceDof the Recorder of Deeds in and for wayne . elmler, Mortgagor herein, ,~ ~ -- ~ ~~ c<\ --..J ~ ~ , ~ \) \. f ~, ~ . " , J;'A ,-I -0" c':: \;:..~ I. t.--' .-.::; :::- ):~ .' ....r,)