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HomeMy WebLinkAbout94-02528 " . '.. ~.. No, 1L/- 2J28 111-0 T~ STIPULATION AGAINST LIENS THIS AGREEMENT made the 11th day of May, 1994, by and between MUSSER HOME BUILDERS, INC" hereinafter referred to as contractor, AND K, ROBERT SCHMITT and DEBORAH D., SCHMITT, hereinafter referred to as owner, whereby the former undertook and agreed to erect and construct a custom built home on that certain lot of ground situate in Lexington Manor, West Pennsboro Township, Cumberland county, Pennsylvania, more fully described in Exhibit "A"attached hereto and made a part hereof. NOW THEREFORE, WITNESSETH: That the said contractor, for and in consideration of the sum of ($1.00) Dollar to MUSSER HOME BUILDERS, INC. in hand paid by Owner, the ~eceipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for themselves and 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 themselves, their subcontractors and 1 \,... .'-- 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. WITNESS our hands and seals this 11th day of May, 1994 slgne',seele' .n'r\~lve'e' in the presence ~V rt 4' /L4JI ':J // ~ ~Jk0~/ ~ / State of Pennsylvania County of cumberland On this, the 11th day of May, 1994, before me the undersigned officer, personally appeared K. ROBERT SCHMITT and DEBORAH D. SCHMITT known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. SS. No NOI,will 50" Mlchnc' J,1l0il'l, "lnlalY Public Cnrll!,!tJ Daru, CUi'lll}~llnnrl County My Co,"rniss'on bl'"0S ^JJrl113, 1990 ,Pcnnsylv..1ia I\soooo1lOfI 01 NoIariII 2 .,--'--,.,_._-_.- ------- - ..- t\LL that certain lot of lalld situateri in Loxingt:on Hanol:', West: Ponnsboro Township, cumberland county, ponhsylvania, known and designated as Lot No. 27 from the revised sUbdivision plan whioh sU~ersedes the plan recotd~d in ~lan Book 64, Page 137, entitlod IISubdivision Plan approVGd by thg appropriate municipal authorities as originally recorded in Plan Book 64, Page 137 and aB amonded by plan recorded in Plan Book _, Page ." BEGINNING at: an exiGtih~ iroh pin at corner of the within desdribed lot at oorner of land now or formerly of Henry A. Zt1j ac and 1n the edge of Lexington Drivo; thence dong the edge ot Lexington brive, North forty-two (42) degrees fifty-eeven (57) lnlnutes thirty-four (34) sadct\ds Ellllt, eighty-five and ninety-two hundredths (85.92) f~et to a set iron pin: thence along a ourve to the tight, having a radius of four hundrod seventy-two and fifty~eight hundredths (472.58) feet and n chord beating of North forty-six (46) degrees fifty-two (52) 'minutes two (02) seCOllds East, an arc distance of sixtY-four and forty-six hundredths (64.46) feot: to a sel: iron pin at common corher of Lot !fos. 27 and, 26: thence along common boundary line of Lot Nos. 27 and 26, South Bixty-four (64) degrees nine (09) mihtil:M twent:y-three (23) seconds East, foUr hundred [li~l:Un Bnd ninett-nine hundredths -1.416.99) teebl:o Ii !let iron in fencel!l1e r. .~ - and line of land now or formerly of Harold E. Fahhestock! thenoe along Hne of 1and now or formerly of Harold ~. Fahnestock, south titty-tour (54) degrees one (01) minute fifty-eight (59) I:leconds Nesc, two hUndred forty-nine l'Ind fifty-tht4ul hUndi:edt:hlj (249 I 53) teet: to an existin~ iron pin ~t coth_r of land now or formerly of Riohard B. Johhtll th~hc:e along linG of land hoW or fO~8tlY of ~ibh6td B. Johns and bonl:inuing along existing fencQlihll, ~oul:h titty~four (54) degrees fitty (50) tllil1ut:tltJ five (05) seconds 'West, Htt:y-sllvlih and dxtY..tlik hundrlldt:hs (67 :66) feet to an e~istlh~ iron pin ~t: dorher of lahd how or fotmerly of Henry A. zaja~1 th~nCd along lihe of land now ot formerly of Hehry A; ~~J~OI North thirty-six (36) degrees fitt~Bh liS) miHute~ fiVe (O~) Seconds west:, one hundred tHty..thtEle ahd chitty-three hundtedths (153.33) feet to IHl s>t1ating iron pin; thence continUing by sarile, Hort:h fotty-seven (47) degrees seveh (07) mi~Ufatl forl:Y-bnG (41) seconds Wes\:, ohe hundred ninety-tWo nhd tiftr' -follr huhc},:edthe (192.54) toot: to the ~~!tltin~ itoh P h, the point and p1aeo of BEG!NNING. CONTAINING 1.83 io !torcHI mort! or loss ih aocordanoe With tht! abOVe:! t'tlfarrM td,flUbdivUioh pian. .._' I ..... . '" UNDER AND SUBJECT, NEVERTHELESS, to all restricitons, easements, rights of way and/or conditions of record. BEING the same premises which Randy S. Shuman and J ill II, Shuman, husband and wi fe. by deed of even da ted and about to be recorded simultaneously herewith, granted and conveyed unto K: Robert Schmitt amI Deborah D. Schmitt. mortgagors hereln. } J' 1 ! , ~ ~ ~l rl - "':I'" . 0 D'1 I~ ... " - . '~ i .' :r.: , '1 1: ~ .'1 I" , , ~ In - , ~ "S l.l \:) . , m I " 0 " ,: - r--J ~ .' .. ,- .. - .. = -. , , ~: