HomeMy WebLinkAbout94-02528
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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
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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
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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
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- ..- 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.
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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.
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