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STIPULATION AGAINST LIENS A/I), "L/ - 41~3 nlls AGREEMENT madc thc /.!I.t' Uday of July, 1994. by and bctween, IRVIN S. THRUSII, SR.. of 8905 Old Scotland Road, Shippcnsburg. Pcnnsylvania. hereinancr rcferrcd to as ('oll/mc/or. AND DANIEL R. COlliCK alld LOLA L. COlliCK, husband and wife. of 11078 Morgan Drivc. Shippcnsburg. Pcnnsylvania. hcrcinallcr referrcd to as Owner',\' WIIEREAS, thc said Contractor undertook and agreed to make certain improvements to Owner's property situatc in the Township of Southampton. Cumberland County. Pennsylvania. known us 472 McCulloch Road. Shippcnsburg. Pennsylvania. morc fully described in Exhibit "A" attached hcreto and madc a part hereof, NOW THEREFORE. TillS AGREEMENT WITNESSETH: That the said Contractor. for and in consideration of the sum of Onc Dollar ($1,00) to said Contractor in hand paid by Owners. the receipt whercof is hcreby acknowlcdgcd. and the further consideration mentioned in the agrcement atoresaid. l(lr himselt: and his subcontractors. and all parties acting through or under them. eovcnant and agrcc that no mcchanic's liens or elaims shall be tiled or maintained by them or any ofthcm againstthc said buildings and improvcmcnts and the lot of ground appurtcnantthereto tor or on account of any work done or materials furnished by them or any of thcm under said contract or othcrwise. for. towards. in. or about the erection and construction of the said improvcmcnts on the lot above describcd. and thc said Contractor. tor himself. his subcontractors and others under him hcrcby expressly waive and relinquish the right to have. tile. and maintain any mechanic's Iicns or claims againstthc said buildings or any of them. and agrce that this instrument. waiving thc right of lien, shall be an independent covenant. WITNESS our hands and scals this ~)~~/ k'day of July. 1994, Signcd. Scalcd and Delivered in the Presence of ~)~ C' C."...J~ ~h.D ~,Jt~-A) .~, Irvin S. Thrush. Sr.. Contractor 1.7 'j//:/I. /' J)..(l {L((j~r k.jl t./'A-' Daniel R. Cohick. Owner ( C~)J (' (.,J.-~ ~'" C' / /.<ll(~.:..2').. //(~)(. Lola L. Cohick. Owner "J.. MARl<, WEIGLE AND PERKINS - JH-rORNE'I'S Ar LAW 1J.6 EAsr KING !HHIte:r 5HIF>~&:NSBURO, PA, t7~57 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this. theJ~. f ~ay of July. 1994. beli.Jre me the undersigned ollicer. personally appeared IVIN S, THRUSH. SR.. known to me (or satislllclorily proven) to be the person whose name is subscribed to the within instrument and acknowlcdged that he executed the same lor the purposes therein contained, IN WITNESS whereof, I hereunto set my hand and ollicial seal. COMMONWEAL HI OF PENNSYL VANIA SS. COUNTY OF CUMBERLAND On this. the 1. '. ~ l day of July. 1994. before me the undersigned oflicer, personally appeared Daniel R. Cohick and Lola L. Cohick. husband and wife. 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 lor the purposes therein contained, IN WITNESS whereof. I hereunto set my hand and oflicial seal. ( -1)./ ( ( l..L' ~ ..<SEAL) Nolarial Sea' David p, Perl<ins. Notary Public ShlppensburgBoro, Cumberland County My Commlulon ~.plres Oct. 28. 1997 Mtmter. Pennsylvania A'socla~on 01 Notarlfl MAAK, WEIGL.E AND PF.RKIN!\ - ArrOFtNEVS AI LAW lJfI EA!'ir I<INCi STRrl.f 5HIPPlN58URG, PA, 11l!H ALL that certain tract of land. lying and being situate in Southampton Township. Cumberland County. Pennsylvania. being Lot No, lion a Subdivision Plan of Edward 0. Newswanger and II T Properties. prepnred by John R, Kissinger, dated June 9. 191)2, said plan being recorded in the Oll1ce of the Recorder of Deeds ofCumberlund County. Pennsylvania, inl'lwl Book 66, at Page 55. and more fully bounded and described as follows: BEGINNING at a railroad spike in Legislative Route 21006, known as McCulloch Road. at comer of Lot No, 12 on the aforesaid Subdivision Plan; thence by said Lot No. 12. North thirty-nine (39) degrees three (03) minutes twenty-seven (27) seconds West. limr hundred thirty-one and eighty-six hundredths (431,86) feet to an iron pin; thence along said Lot No, 12. South lilly-live (55) degrees zero (00) minutes forty-two (42) seconds West. one hundred thirty-six and twenty-nine hundredths (136,29) Icetto an iron pin at the edge of a proposed litly (50) loot privatc right-of-way "C", known as Mountain Drive; thence along the edge of said proposed Iilly (50) loot private right-ol~way, North thirty-nine (39) degrees three (03) minutes (00) seconds Westthrce hundred seventy-two and sixty-lour hundredths (372,64) Icetto an iron pin; thence along a curve to the right designated as "A". having a chord belll'ing of North sevcn (07) degrees twenty-one (21) minutes zero (00) seconds East, a chord Icngth of lilrty-three and forty-live hundredths (43,45) feet. a radius of thirty and zero hundredths (30,00) Icet.llIld an lU'C length oflorty-eight lllld litly-nine hundredths (48,59) leet; thence North thirty-nine (39) degrces three (03) minutes zero (00) seconds West twenty-live and lour hundredths (25,04) lcetto a railroad spike in Lcgislativc Route 21006; thence in said roadway North lilly-three (53) degrees lorty-live (45) minutes zero (00) seconds East lilly-one and forty-nine hundredths (51.49) lcet to an existing railroad spike: thence continuing in said roadway North litly-four (54) degrees six (06) minutes thirty (30) seconds East, tiny.three and eight hundredths (53.08) feet to a railroad spike in the corner of Lot No. 12, the place of BEGINNING, CONTAINING a total area of 1.32 acres, subject to a right-ol~way containing 0,06 !lcre. leaving a net lot area of 1,26 acres. pursuant to the aforesaid Subdivision Plan, BEING the same real estate which II T Properties, by their deed dated the day of July. \994. and intended to be recorded herewith in the Ollice of the Recorder of Deeds in and lor Cumberland County, Pennsylvania. conveyed to Daniel R, Cohick and Lola L. Cohick. husband and wife. the Owners herein. SUBJECT TO a dedicated right-ol~way from the centerline of Legislative Route #21006. as shown on the aforesaid Subdivision Plan. UNDER AND SUBJECT. NEVERTIIELESS. to the following conditions to which the hereby granted lot or piece of groand and any building which may be erected thereon herealler shall be and remain subject to: \, No mobile homes, of either conventional or double.wide type. with or without wheels attached shall be erected, placed or maintained on any lot. 2, No dwelling house containing less than 1.400 square leet of habitable !loor area shall be permitted to be built. erected. or placed upon any lot. "lIabitable !loor area" means the sum of the gross, horizontal interior areas and all rooms used for habitation, It excludes cellers. attics. and unheated rooms such as enclosed porches and garages, 3. No commercial livestock operation shall be permitted on any lot. 4, These conditions and restrictions may be enforced by the Grantor. Grantees. or their privies. but the same shall be under no duty or obligation to enforce the said conditions and restrictions, 5, The Grantees. lor themselves. their heirs and assigns. by acceptance of this deed. agree with the Grantor. its successors and assigns. that said restrictions and conditions shall be covenants running with the land. and that in lIny deed of convcYllllce of slIid premises. or any purtthcreof. said conditions and restrictions shall be incorporated by reference to this indenture and the record thereol~ or liS fully as the slime arc contained herein,