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Home My WebLink About00-00985 f....'.'"'~" "-'.' - ~ "' ~_ .1. e. :,'~ ~~ '~~~~ ~: ':~" ,'\ :tF, ,._;,a <<i ~... FEB-0Z-00 WED 11:16 AM MICHAEL L BANGS 717 7i!>0 7i!>74 7'Lo. :l.11Vv - 9 S S fr1 J.. 10 I P--- AGREEMENT AND WAIVER OF MECHANICS' LIEN (F or Contractor) . v, I ,J .'".'...'.1...... . '.,: , '.~ 6 :~ oj: To be indexed against: DARWYN BLACK as Contractor for index purposes, Plaintiff SCOTT A, RHOADES and KIMBERLY L. RHOADES, his wife as Owner for index purposes, Defendant li J , .il and :~ . ',~ SCOTT A. RHOADES IInd KIMBERLY L. RHOADES, his wife a~ Owner for index purposes, Plaintiff I , i v, DARWYN BLACK as Contractor for index purposes, Defendant t,.. F~-02-00 WED 11:16 AM MrCHAEL L BANGS 717 7<50 7<574 AGREEMENT AND WAIVER OF LIENS (F or Contractor) , KNOW ALL .MEN BY THESE PRESENTS, THAT: WHEREAS, DARWYN BLACK, has entered into a construction contract dated J3 Dst<- } 1 'i'1 (as the same may be amended from time to time, the "Agreement") with SCOTT A. RHOADES and KIMBERLY L.RHOADES, his wife ("Owner"), oWner of the teal estate located at 221 Union Hall Road, Carlisle, Cumberland County, as more particularly described in Exhibit A attached hereto ("Premises"), for the erection and construction of a two story residential dwelling ("Improvements") located on the Premises; and WHEREAS, Keystone Financial Mortgage ("Lender") has advanced or will advance, subject to the terms of its loan documents, certain funds to Owner secured by a mortgage and other instruments which will encumber the Premises; and WHEREAS, it is the intention of OWner and Contractor that (a) neither the Premises, the , estate or title of Owner in the Premises, the Improvements, erected or to be erected thereon, nor the curtilage or curtilages appurtenant thereto (all of the aforesaid hereinafter referred to as the "Project") shall now or hereafter be subject to a lien of any kind for any debt or debts due by Owner to Contractor or for any debt or debts due by Owner or Contractor to any subcontractor, materialmen, laborer or other party (Contractor and all other subcontractors, materialmen, laborers and other parties are hereinafter individually and COllectively referred to as the "Waiving Parties"), whether such debt Or debts be for contracts or subcontracts executed or for materials, labor, work, superintendence, goods Or services furnished or supplied in connection 2 .~y-~' ". u .-,,~'alo'_[ "'~"."'_u ~ F~B-02-00 WED 11'16 AM MICHAEL L BANGS 717 730 7374 with the erection and construction of the Improvements; and (b) the right of anyone, including all Waiving Parties, to claim any such lien bc waived hereby, NOW, THEREFORE, Contractor, intending to be legally bound hereby, in consideration of the sum of One ($1.00) DoUar, to Contractor in hand paid, the receipt of which is hereby acknowledged, as well as for and in consideration of the entry by Owner into the Agreement and for the benefit of O""1ler and Lender does hereby, for Contractor and any and all of the other Waiving Parties, expressly waive and relinquish all right to file a mechanics' lien, claim or notice of intention to file any lien or claim and does covenant and agree that no mechanics' Hen, claim or intention to file any line or claim shall be filed or maintaiI\ed by or in the name of Contractor or any of the other Waiving Parties against the Project, or any interest of owner or Lender therein, for or on account of any work donc or materials furnished under the Agreement or under any supplemental contract, verbal or written, or contract for extra work for or about the management, superintendence, erection, construction, alteration, repair and completion of the Project, or any part thereof, or preparation therefor, or any of them or otherwise, and all of the Waiving Parties (other than the Contractor) shall look to and hold Contractor personally liable for all contracts, subcontracts, materials furnished and work and labor done, so that there shall be no legal or lawful claim of any kind whatsoever against Owner and/or Lender for any work done or labor or materials furnished under the Agreement or under any supplemental contracts, verbal or written, or contracts for extra work for or about the management, superintendence, erection, construction, alteration, repairs and completion of the Project, or any part thereof, or preparations therefor, Or any of them or otherwise, THIS AGREEMENT waiving the right of lien sllall be an independent covenant. 3 '''1 'r.' (!. ;- '~."."',.,,.'" t.~' ;~- ':.: ':{ P.04 ;;']': I I , ~I I .f "f I I -," """,,, oil"", 1__" ~~" " " FE~-02-00 WED 11:17 AM MICHAEL L BANGS 717 730 7374 . In order to give Owner and Lender full power and authority to protect the Project against any and all mechanics" liens, claims or intentions to file liens or claims filed by any of the Waiving Parties or in violation of this Agreement, Contractor, for Contractor and all other Waiving Parties hereby irrevocably authorizes and empowers any attotlley of any Court of Common Pleas of the Commonwealth of Pennsylvania or any attorney of allY other court or jurisdiction there or elsewhere, to appear in any said courts or jurisdictions for Contractor, and all Waiving Parties, or any of them, as many times and as often as Owner deems necessary, and to mark satisfied of record, at the cost and expense of Contractor, or any sllch subcontractor, materialmen, laborer or other party, any and ail claim or claims, lien or liens, intention or intentions to file lien or claim filed by or for them or any of them, or in his, its, or their name against the Project, or any part thereof, and, for such act or acts this shall be a good and sufficient warrant and authority, and a reference to the court term and nU1llber or place in whichthis Agreement and Waiver shall have been filed shall be a sufficient exhibit to the authority herein contained to warrant such action; and Contractor, for Contractor and all Waiving Parties, does hereby remise, release and quit-claim unto Owner and Lender, their successors and assigns, and them and each of their certain attorney or attorneys any and all manner of error and errors, defects and imperfections whatsoever in entering such satisfaction or anyway touching or concerning the same. This Agreement and Waiver is made and intended to be filed with the l?rothonotary of the Court of Common Pleas of Cumberland County, the county in which the Project is situate, in accordance with the requirements of Section 402 ofthe Mechanics' Lien Law of 1963 (49 P.S. Section 1402). 4 .. ;, 'i:~~:;:~'~lr;f~~l' II ,1,-, ':Jf -: ~l1!;! '......:k '.,'~.i. 'I ";" P.05 h \, ,j: ! ; ........,..1......'..' r , : i' i." , , , ,I. I; C) <~"OO; ~ ~~~~. .', ' If...."" ^"' ,. ';,;1 .~y, '." FEB-02-00 WED 11:17 AM MICHAEL L BANGS 717 730 7374 P.06 All of the foregoing waiver provisions and remedies herein contained shall be available to and for the protection of Owner and Lender, and their successors and assigns. IN WITNESS WHEREOF, these presents have been duly executed the ~IJ if day of re~t.f/t9A-i ,2000. "r; ~ ~idbV- WITNESS ~~J~ l::~ ~f lESS / ':.~ Jfk~Lffl' ~ DA YNBL K ~d~ SCOTT A. RHOADES ~~~A~~ KIMBER 1. HOADES 5 ';"~~'l" . FGB-02-00 WED 11:18 AM MICHAEL L BANGS 717 730 7374 P.07 ~. EXHIBIT A ,~" ALL THAT CERTAIN tract ofland in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a nail and cap in the center of the gavel wad leading from. the Waggoner's Gap Road to the McClure's Gap Road at the line of land now or formerly of Galen W. Bear; thence along said land now or formerly of Galen W. Bear, North 43 degrees 30 minutes East, 573.9 feet to an iron pin a fence line; thence along land now or formerly of Robert Wickard, et ux., North 19 degrees 4 minutes West, 511.9 feet to a post; thence still along lands now or formerly of Wickard, North 8 degrees 3 minutes 17 seconds West, 343,3 feet to a pine tree at corner; thence along a fence North 81 degrees 35 minutes 37 seconds West, 263.2 feet to a tree at corner; thence along other lands now or formerly of Hilda W. Weaver, South 2 degrees 43 minlJtes 13 seconds West, 1303.4 feet through a post at the side of the aforesaid road to a nail and cap in the center of said road; thence in the center of said road North 82 degrees 15 minutes East, 150 feet to the point of BEGINNING. The above courses and distances are as per survey of Roger St. Garmain, professional Engineer, dated November 5,1964, a plat of which is attached hereto and made a part hereof. TOGETHER WITH an easement and right-of-way to use that certain existing 10 feet wide driveway over, upon, and through other lands of Nelson 1. Minich (see Deed Book 26, Volume S, Page 559), in common with the said Nelson L. Minich from the property hereby conveyed to the Grantee to Union Hall Road for ingress, egress aoa regress. BEING the same premises which Nelson 1. Minich by Deed dated October 8, 1999, and recorded in the Cumberland County Recorder of Deeds' Office on October 8, 1999, in Deed Book 209, Page 826, granted and conveyed unto Kimberly 1. Rhoades and Scott A. Rhoades. ~ 6 , U.._ r.iliiIIiIIl--iHLr ~~i~iitl~!IIlW~~_~UI""'" ."~illr.:IIlid L ~ " ~."d'""""" ...,J ~... , 0 C) c: C) 0 ;;C,~ -n -c(t ..." , nl,"'r,' "~~ 2:".', :.::-;:, 2" "-, ~5' {\..,j ,- 0- <::: -ry " 7l -~ ;c:s:) '", , f\,' ;Yi 2.: ....., ''< U; ~ \ "'! '- C> C C ~ ~ fo~ ,) ..J -.c -r.. "- "- r ('. -<:. N -() ,(' r " f .^-