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Home My WebLink About96-06814 ,\jQ. ql..o, &YS/I.f Project Name: STEVENS AFFORDABLE HOUSING WAIVER OF LIENS - CONTRACTOR KNOW ALL MEN BY THESE PRESENTS, That contemporaneously with the execution hereof, an agreement has been entered into between LOUTHER PLACE LIMITED PARTNERSHIP, a Pennsylvania limited partnership, wilh II principal place of business at 33 State Avenue, Carlisle, Pennsylvania 17013, ("Owner"), AND McCOY BROTHERS, INC., a Pennsylvania corporation, with a principal place of business at 217 Pine Road, Mt. Holly Springs, Pennsylvania 17065, ("Contractor") relating to the substantial rehabilitation of a housing project upon the real estate located at 63-67 West Louther Street, Carlisle, Cumberland County, Pennsylvania, and described in Exhibit A, attached hereto and made a part hereof(the "Agreement"); and, WHEREAS, PENNSYLVANIA HOUSING fiNANCE AGENCY has agreed to lend and advance certain funds to Owner to finance such rehabilitation of the housing project in consideration of the execution of this Waiver. NOW, THEREfORE, intending to be legally bound hereby, at the time of and immediately before the execution of the Agreement, and before any authority has been given by Owner to Contractor to commence work on said housing project, for and in consideration of the making of the Agreement with Owner, Contractor does hereby, for Contractor and any and all subcontractors, material suppliers and parties acting or claiming tor. through or under Contractor, including, inter alia, any mechanical or electrical engineer, construction engineer or civil engineer, covenant and agree with Owner and PENNSYLVANIA HOUSING fINANCE AGENCY that no mechanics' liens or claims shall be filed or maintained by Contractor, or any of them, against the real estate described in Exhibit A attached hereto, or the buildings thereon, for or on account of any work done or materials furnished under the Agreement or under any supplemental contract, verbal or written, or contract for extra work in or about the rehabilitation and/or construction and completion of the housing project, or otherwise; and Contractor, for Contractor and any and all subcontractors, material suppliers and parties acting or claiming through or under Contractor, including. inter alia, any mechanical or electrical engineer, construction engineer or civil engineer, hereby expressly waives and relinquishes the right to have. file or maintain any mechanics' liens or claims against the real estate or buildings. Waiver of LienslContractor/PennHOMES Stevens Affordable Housing (0-503) Page I of 3 This Waiver waiving the right of lien shall be in 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 thc rehabilitation and/or construction and completion of the housing project as to any work and lab\lr done and matcrials furnished under the Agreement. In order to give Owner and PENNSYLVANIA HOUSING FINANCE AGENCY full power and authority to protect the real estate and buildings against any and all mechanics' liens or claims filed by Contractor or anyone acting or claiming for, through or under Contractor or in violation of the Agreement or this Waiver, Contractor, for itself and all subcontractors, material suppliers and parties acting or claiming for, Ihrough or under Contractor, including, inter alia, any mechanical or electrical engineer, construction engineer or civil engineer, hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania or any attorney of any court or jurisdiction there or elsewhere, to appear in any court or jurisdiction for Contractor, and mark satisfied of record, at the cost and expense of Contractor, or any such subcontractor, material suppliers or party including, inter alia, any mechanical or electrical engineer, construction engineer or civil engineer, any and all claim or claims, lien or liens filed by or for Contractor, in its or their name against the real estate, buildings, or any part thereof, and, for such act or acts this shall be a good and suffici-:'nt warrant and authority, and a reference to the Court, term and number or place in which the Agreement and this Waiver shall have been filed shall be sullicient exhibit of the authority herein contained to warrant such action; and Contractor, for itself and all such parties, does hereby remise, release and quit-claim unto Owner and PENNSYLVANIA HOUSING FINANCE AGENCY and each of their attorneys any and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or anywise touching or concerning the same. The Agreement and this Waiver are made and intended to be filed with the Prothonotary of the Court of Common Pleas of the County or other proper place in which the above-described lands are located It is expressly understood that this Waiver and all of the provisions and remedies herein contained shall be available to and for the protection of PENNSYLVANIA HOUSING FINANCE AGENCY and Owner of said premises In the event Contractor consists of more than one person, firm or corporation, the undertakings hereunder of each of such persons, firms or corporations shall be joint and several, and the word "Contractor" shall mean all or some or any of them For the purposes of the Agreement and this Waiver, the singular shall be deemed to include the plural, and the neuter shall be deemed to include the masculine and feminine, as the context may require. Waiver of LienslContractor/PennHOMES Stevens Affordable Housing <<0-503) Page 2 of 3 I I , l' IN WITNESS WHEREOF, Con!~~to..:. with intent to be legally bound hereby, haa hereunto signed and sealed these presents this ~y of December, 1996, ATTEST McCOY BROTHERS, INC, BY:~" ,.-~-\ ,,~~ Title "'~, COMMONWEALTH OF PENNSYLVANIA: 5S: COUNTY OF DAUPHIN On this, the iJiL day of December, 1996. before me, the undersigned officer, personally appeared l.J"I lAM Me. Cc:r\1 . who being sworn according to law, deposes and states that he is tl I GL. 1>_c:..4.II.......t" of McCOY BROTHERS. INC., a Pennsylvania corporation, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he, being authorized to do so, executed the same for the purpose therein contained. and desires the same to be recorded as such. IN WITNESS WHEREOF. I hereunto set my hand and official seal. 'th~\.d dibuuh Notary Public 0- . Nolanal s..I __A, BrHCh, ~ PullIo HMIIburg, Dauphin COunlY My CommiaaIoii expires Aug. 10; If*, .F\.._........~,d~ Waiver of LienslContractorlPennHOMES Stevens Affordable Housing (0-503) Page 3 of 3 . I EXIIIIIIT "A" I,HiAI. DESCRIPTION Parcel#05-21-0320-034 ALL TIIAT CEIHAIN hall'lutuf lIfllund ~ituute on the north side of West Louther Street at a distunce III' sixty li:et, mme IIr less, eust of the inlersection of West Louther Street and Pill Street, in the Illlrullllh IIfl'urlisle,l'lImherlund ClIunty und State of Pennsylvania, more particularly bllunded und descriheLI us lilllllw~: 1l00JNj)I~D 111\ the SlIuth hy We~tl.oulher Street; on the West and North by properties now or limnerly ufthe I~stute ofl'luru M, Frunk; und on the East hy property now or formerly ofR, R, Todd, CONTAININO ()() t~el in frunt on said West Louther Street and extending in depth at an even width l2() Icet tu the ulilresuid lut nllw or formerly of the Estate of Clara M, Frank on the NlIrlh, IT HEINO the ~ollthern hull' of 1.01 No, 95 un the general plan of the Borough of Carlisle, and helnll hnpruveLI with 1I three.story ~Iore and apartment huilding known as 63-67 West Louther Slrccl.l'ullI~le, I'ennsylvllniu, IlEINO Ihl/ ~ume prcmiscs which Stevens 1I0using Corporation. a Pennsylvania Nonprofit Cmporation, hy Decd dated Novemher 12. 1996 and recorded November 14, 1996, in the Office (lflhe Recmder of Deeds. in und lilr Cumberland County, in Deed Book 149, Page 87, granted and conveyed unlo I.oulher Place Limited Partnemhip. a Pennsylvania Limited Partnership, O' A l r" \S i ... ~ ;;.. :;~ , Q'.. ~ ~ u<f. 1t ~ 7- (,". ~ (~ ..;! 8 ;:to ~f, r- :..,iLJ ~ ,. - ,i:~ ~ ~ c..' wHU 0 j u. 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