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HomeMy WebLinkAbout06-4901 - . Stipulations Against Liens Home Designs Unlimited, LLC August 18. 2006 3ln tbe ([ourt of ([ammon ~leall ([aunt!, of Cumberland Owner , Pennsylvania Home Designs Unlimited, LLC DocketNumber ~-49ol rnw Term 20 Contractor Page Number Wbereall, Home Designs Unlimited, LLC ("Contractor") of PO Box 387 New Kingston, Pa 17072, has entered into a contract with Home Designs Unlimited, LLC ("Owner") of PO Box 378, New Kingston, Pa 17072, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot #11 Chester Road Enola, Pa 17025 East Pennsboro Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Home Designs Unlimited, LLC is the title holder of record; and Wbereall, 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 iabor or materials furnished in the said erection or construction, and that the right of anyone to claim any such lien be waived hereby. jliolu, ij);bill ~lJreement Wilnelllletb: 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 legally 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 :~;nlimited' LLC David R. Tho~n~""" I .....,.. · File No. 27961-C-HOME See Attached Exhibit A LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to WIt: BEGINNING at a point on the eastern legal right-of-way line of Chester Street, at the southernmost corner of land N/F Bonnie L. Thompson and Thomas S. Thompson. THENCE along the southern line of said Thompson land, North 65 degrees, 47 minutes, 34 seconds East, a distance of 107.90 feet to a point at the westernmost corner of Lot No. 13 on the hereinafter described Final Subdivision Plan; THENCE along the western line of said Lot No. 13, South 24 degrees, 12 minutes, 26 seconds East, a distance of 1')0.00 feet to a point on the common corner among Lot No. 11, Lot No. 12 and Lot No. 13 on the hereinafter described Final Subdivision Plan; THENCE along the western line of Lot No. 12 on the hereinafter described Final Subdivision Plan, South 20 degrees 47 minutes, 34 seconds West, a distance of 7020 feet to a pOint on the eastern dedicated right-of-way line of Chester Street; THENCE along said right-of-way line by a curve to the right having a radius of 125.00 feet, an arc length of 109.33 feet to a point; THENCE continuing along the same, South 78 degrees, 10 minutes, 46 seconds West. a distance of 6.55 feet to a point on the eastern legal right-of-way 'ine of Chaster Street; THENCE along the same, North 24 degrees, 12 minutes, 26 seconds East, a distance of 55.93 feet to a point at the southernmost comer of 'and N/F Bonnie L. Thompson and Thomas S. Thompson, the point and place of BEGINNING. CONTAINING 12,418.00 square feet, more or less. BEING Lot No. 11, Final Subdivision Plan for Laurel Woods, dated May 26, 2005, last revised September 27, 2005 recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 91, Page 73. SUBJECT TO an easement for utility installation and maintenance which is reserved on all lots and such other easements, as may be shown in recorded documents, granted to public utility companies for utility purposes. Electric service will be supplied only from the underground distribution system in accordance with then current PP&L Company Tariff provisions. BEING the same premises which Deluxe Homes of Pa, Inc., a Pennsylvania corporation, by Deed dated June 1, 2006, and recorded June 8, 2006, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, In Book 275, Page 160. granted and conveyed unto Home Designs Uniimited, LLC, a Pennsylvania Limited Liability Co.. Mortgagors herein. Schedule A ~ P3ge 2 Commitment No 27961..c~HOME This ccmmitment is inl,alid unless tne Information Sht':et and Scr.edUies A Jnd B are attached ;::> (J ~ \t. - - ~ ~ - ...c ...0 ~ t ~ ~ I;) ~ f- \:::) t g -~ s. -01:<'. mi'"l' ';~.'" "-7 0) ~. )';-( .;?;i") J;>C z ~ ~ ~ n 0- t:L ~ ~ .:p 1 .-, \ . 0;;; ~ ~ en N u> -0 :s '-!! c:> c,.) ~ -' ?,;~ ;go t?\b :-,~-r. _1_-;1 ,"""~- '':$?C) -(..::fn ~ 55. :;.:::