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Home My WebLink About96-02467 i( .H'~ OJ I'" L'/) PB" VALLBY CORP. WAIVBR OP LIaIlS THIS INSTRUMENT, executed this 5th day of April, 1996, by TIFFANY BUILDING AND DEVELOPMENT CORP., a Pennsylvania corporation ("Contractor") in favor of PENN VALLEY CORP., a Pennsylvania Corporation ("Owner'''). WIT N E SSE T H: A. Owner and Contractor have entered into a certain construction contract for the erection and construction of single family dwelling units on a parcel of ground situate in Lower Allen Township, Cumberland County, Pennsylvania. The building and improvements are herein called "Improvements" and the parcel of ground is herein called the "Property". The Property is more fully described in "Exhibit A" attached hereto and made a part hereof. B. By the terms of the Contract, Contractor has covenanted, promised and agreed that no mechanics or materialmen's liens would be filed or maintained against the Improvements or the estate of title of Owner in the Property or any part thereof, or the appurtenances thereto, either by itself or anyone else for or on account of any work, labor or materials supplied in the performance of the Contract, or under any supplemental contract or for extra work, or in the erection, construction or completion of the Improvements on the Property or any appurtenances thereto. NOW THEREFORE, in consideration of the Contract and the covenants of the Owner therein contained, and intending to be legally bound hereby: 1. The Contractor, for itself and anyone else acting or claiming through or under it, does hereby waive and relinquish all right to file a mechanics' lien, or notice of intention to file any lien, and does hereby covenant, promise and agree that no mechanics' lien or other lien of any kind whatsoever shall be filed or maintained against the improvements or the estate name of Contractor, or any subcontractor, materialmen or laborers for work done or materials furnished under the Contract or by any other party Improvements or the Property or any part thereof. 2. This Agreement waiving the right of lien shall be an independent covenant and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction and completion of the Improvements as to any work and labor done and materials furnished under the Contract. 3. In order to give the Owner full power and authority to protect itself, the Improvements, the Property, the estate or title LEGAL DESCRIIYrlON - ALLEN ESTATES ALL THAT CERTAIN Iracl of land Siloale panly In b,wer Allen Town.hip and parlly In Upper Allen Town.hlp, Cumberland County, Pennsylvania and descrih<:d according tu a Plan prepared by Whlllock,Harlman. Regl.tered Prolesslonal Engineen. Camp 11111, Pennsylvania, dated Augast 24, 19MM, n. lllllow. 10 wll: BEGINNING nt a point un the celller line of Usburn Rond, L.R, #416 said Ix,lnt being lucnted nnd relerenced nurlh 67 degrees 10 mlnule. WC'I a distance uf 9M7 fect from Ihe cCllIer line of Illlersectiun of Lisburn Rund, L.R, #416 and L.R, #21014; thence nlung the cenler line of Usburn Road, L.R, #416 norlh 67 degree. 30 mimlles we.t a distance of 67S,OO feCI 10 a point on line of lands now ur laIc uf Mary p, Oh<:rman; Ihence along line of lands now or late uf Mary p, Oberman nonh 22 degrees 30 minules cast a distance uf 361.75 feet III a Ix,ml; thence along the same nonh 67 degree. 30 minutes west a distance of 210,IX) feel III a pollll; Ihence along Ihe same soulh 22 degrees 30 mlnllles west a dislance of 361.7S fcetlo a poilll in Ihe celller line of Lisburn Road, L.R, #416; thence along the center line of Lisburn Road, L,R, #416 norlh 67 degree, 30 mlnule. west a distance uf 1.277,IX) feel III a IXll1ll un line of lands now or late of George Lenker; Ihence along line of lands now or laiC uf Geurge Lenker nonh 22 degree. OS mlnule. IX) seconds ea"t a distance of S31.S2 fcello a poilll; thence along Ihe same suulh 86 degrees 16 mlnule. 46,S seconds cas I a di.tance uf 2,SSI.14 feet to a polnl on line of lands now or late of Harry Deckman; Ihence along line of land, now or late of Harry Deckman .oulll 4 degrees 4S minutes we'l a diSlance of 938,SO feet 10 a point on line of lands nor or late of Bruce Pelll/.; thence along line of lands nuw or laIC of Bruce Penlz nonh 72 degree. 30 minutes wesl a distance of S21.S0 feel to a point; Ihence along Ihe same .oulh IS degrees 4S minutes weSl a diSlance of I K~, 10 feel to a poim on line of lands now or late of Kilen; Ihence along line of lands now or laic of Kilen nonh 74 degree. 21mlnules west a distance of 63, 12 feet to a poinl; thence along Ihe same soulll 16 degrees 07 minutes we.t a dislance uf 223,56 feel 10 a polllllhe place of beginning, Said TracI comain. Sl.I19 acre., EXCEPTING THEREOUT AND THEREFROM ALL TIIAT CERTAIN 101 of ground with Ihe buildings and improvements thereon erecled, siluale in Lower Allen Township. Cumberland Coumy. Pennsylvania, bounded and described as LoI No, I according 10 a Preliminary/Final Sub-Divi.ion Plan prepared for Banzer Corporal ion by J, Michael Brill and Associates, Inc,. Consulting Engineers, recorded in Plan Book 63 page liS, on November 2S. 1991. as follows towil: BEGINNING al a point in lhe celller line of Lisburn Road (S,R, 114) also known as Main Slreet. and a corner of olher lands of Banzer Corporal ion as shown on said Plan; thence eXlending along said lands nonh 22 degrees IS minules 00 seconds east 222.16 feel 10 a polm; Ihence eXlendmg south 67 degrees 4S minutes 00 seconds easl 22S,Ol feel 10 a poim Ihence cominuing .oulh I S degree" S2 minutes 00 seconds west 223, SS feel to a poinl in the cemer line of Lisburn Road aforesaid; Ihence extending along Ihe said cemer line norlh 67 degrees 4S minutes 00 seconds wenl 2S0 feel 10 Ihe point and place of beginning, BEING Lol No, I on .aid Plan, CONTAINING 1.21 acres, ~ ~ ....... \"to- o.. '....) "- ; , , , ~ , .. ~ '" ,,' ,. '\ , : ,,. , - \. ~ , . , t f. ~ ')l I , ~ ~ - " ~ '" ~ , , iii", ~:~,~"IIIfDI'" I I ~ i i Q~cl 11I1 ,', . , .