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HomeMy WebLinkAbout06-4902 Stipulations Against Liens HomeD~~nsUnlimue~LLC August 18, 2006 Jln tbe !!Court of !!Common .t!leas !!Countp of Cumberland Owner , Pennsylvania Home Designs Unlimited, LLC Docket Number 6l- - "'1902- t?7L]) Term 20 Contractor Page Number Wbereas, Home Designs Unlimited, LLC ("Contractor") of Po Box 378 New Kingston, Pa 17072, has entered into a contract with Home Designs Unlimited, LLC ("Owner") of PO Box 387, New Kingston, Pa 17072, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot #47 Village of Cross Cree,North Middleton Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Home Designs Unlimited, LLC is the title holder of record; and Wberea9, 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. ~olll, ~bis ~llreement Witnessetb: 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, Jot 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, Jot 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: By David R. Thompson ::a::; Unlimited, LLC :,t~ ~avld R. Thompson . , , File No. 26492HOMEDESIGN See Attached Exhibit A BEING Lot ;-";0.47 on the Final Subdivision Plan for Phases Band C of the Village of Cress Cre..:k dated 5128,'04. recorded 5 '28104 in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 89, Page 17. UNDER A~ SUBJECT to the Declaration for Phases IA and II ofThe Village of Cross Creek dated April 25, 2001 and recorded April 26, 2001 in the Office of the Recorder of Deeds in and for Cumberland Ccunty in Misc. Book 673, Page 57 as extended to Phases B & C by the Second Amendment to the Declaration of The Village of Cross Cn::ek dated May 25, 2004 and recorded in Misc. Book 710, Page 421. lJ1'DER AND SUBJECT to the Building and Use Restrictions dated April 25,2001, and recorded April 26. 2001 in the Office of the R.:corder of Deeds in and for Cumberland County in ~isc. Book 673, Page 78 as extended to Phases B & C by the First Amendment to the Building and Use R.:strictions of The Village of Cross Creek by Penta Star Investments, Inc. dated May 5, 2004 and recorded in Misc. Book 708, Page 3261. BEING the same premises which Penta Star Investments, Inc., by Deed dated January 31, 2005, and recorded February 9, 2006, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Bool< 267 Page 2411, granted and conveyed unto Home Designs Unlimited, LLC., Mortgagors herein. - - ~-- - --~--------------_. ~\ - "'V - $ - p.;> ~ ~ - Y1 t) C> -0 fC t , ~ g; ~ G) N (.,;J -0 :>> o c ~ .........,.-T" 1'1'''11'1' '"'7...-,- ~ ;.:::r. (.p",:.: ~/ ~ r-:;~. ..;:;:'- .~~_:'.l 'Pc..: 3. ~ .... !f3 b a- t \l- ! 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