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Home My WebLink About00-01689 NIM'IS ,..J..,t -;. If "'. I.. - 1." . PO~~L~d::~ ; DULANEY CENTER II 901 DULANEY VAllEY ROAD - STE. 70S TOWSON, MAf\VLAND 21286 11- 1o!2___~r H___ \ ~~ii~~~ 35 Fulford Avenue Sta. 201 Bel Air, Maryland 21014 410-803-4800 WAIVER OF LIENS KNOW ALL .MEN BY THESE PRESENTS, that 06 _ lie ['9 1?1 ib t-~ WHEREAS, Gladys Ott ("Owner") and R.E. Bard Construction ("Contractor") have entered into an agreement (" Agreement") relating to the construction of certain improvements to a parcel of real property known as Lot #14 Irvin Drive, Shippensburg, Cumberland County, Pennsylvania, as more particularly described on Exhibit A attached hereto ("Premises"), as part of the consideration for which agreement this Waiver is given; WHEREAS, the Contractor has covenanted, promised and agreed that no mechanics' liens or claims will be entered and filed against the Premises by Contractor,its subcontractors, vendors, materialmen, laborers or anyone else for any work, material or labor supplied in the performance of the Agreement or any supplemental agreement for extra work. NOW, THEREFORE, Contractor, intending to be legally bound hereby, in consideration of the sum of One Dollar ($1.00) to Contractor in hand paid, the receipt of which is hereby acknowledged, as well as for and in consideration of the entry by Owner thereunder, it is stipulated and agreed that neither the undersigned Contractor, any subcontractor, vendor, materialman, laborer, nor any other person furnishing labor or materials to Contractor with respect to the Agreement shall file a lien, commonly called a mechanics' lien, for work done or materials furnished to the buildings or improvements located on the Premises or any part thereof This stipulation and agreement waiving the right oflien shall be an independent covenant and shall also operate and be effective with respect to work done and materials furnished under any supplemental agreement or arrangement for extra work in the erection, construction and completion of any buildings or improvements on the Premises. In the event that any mechanic's liens or claim is filed by the undersigned, undersigned hereby irrevocably waives any right to a jury trial in any action to strike or discharge the lien. If the undersigned or any contractor or materialmen claiming by, through or under the undersigned files a mech!tPjc's lie!'~ notwithstarlding this 'Waiver, the Owner or the Owner's representatives, successors or assigns shall ha-ve the right to discharge the lien by appropriate legal proceedings and to retain out of any payment then due or thereafter to become due to the undersigned an amount sufficient to completely reimburse and indemnifY Owner against expenses and losses resulting from such lien. Expenses and losses shall include any attorney's fees, surety bond premiums and other costs incurred in attempting to discharge or remove such lien and nay damages or other losses resulting form such lien all of which the undersigned agrees to pay. If any payment then due to the undersigned by Owner is not sufficient to reimburse and indemnifY Owner by way of off-set as aforesaid, the undersigned agrees to pay the amount of the difference to Owner upon demand. "- .. ~<.--... , . . The undersigned hereby warrants and represents that as of the execution oftms Waiver, no work of any kind has been done and no materials or supplies of any kind have been furnished in the performance of the aforesaid Agreement or any supplemental agreement of extra work in the erection, construction and completion of any buildings on the Premises or otherwise. This Agreement and Waiver is made and intended to be filed with the Prothonotary of the Court of Common Pleas of the County where the Premises are located and Contractor agrees that it, all subcontractors, vendors, materialmen, laborers on said work shall look to and hold Contractor liable for the Agreement, materials furnished and work and labor done, so that there shall not be any legal or lawful claims of any kind whatsoever against Owner for any work done or labor or material furnished under the Agreement with the Contractor. It is expressly understood that the foregoing Waiver and all of the provisions and remedies herein contained shall be available to and for the protection of Owner. IN WITNESS \VHEREOF, Contractor and the Owners have signed and sealed these presents as of the 1 st day of October, 1999. R.E. BARD CONSTRUCTION: .{j.~ ~,/ President OWNER: ~d4/~~2.&r Witness Gladys Ott ,J..; I .. 1--' .. ~ state of Maryland ~1(k,~ Harford COUNTY ss: On this, the J day of ~/ ' 1999 before me, a Notary Public for the Gomm:Q:rn~{dtkX1xR~Wx1IDi.~"Personally appeared Gladys Ort known to me (or satisfactorily proven) to be the person(s) whose name(s) subscribed to the within instrument and acknowledged that he executed the same for the purposes herein contained. * State of Maryland, Harford COUlhty IN WITNESS WHEREOF, I hereunto set my hand and seal. IRIAf" G. PRICE ~p,kj) /.e . Notary Public My Commission Expires: ,,;;:,:,,~~,C?: "if/.;,.' Ha..r: ,,., C 4/19/03 "'c"'ltl'''''''"'' I lor.... ounty ';;;.r.,;",~,~~.,~y~_ ~~~~ :1,:,- ,-:/ ~,:. ;,~. <:dj;(__ > "-?' - .... .- .v..v:- _,' ," ",' :..)i~"',,'-' >.f. State of Maryland ~~KM~R~~~: " ' :ss. COUNTY OF Harford On this, the 19th day of Augus t , 1999, before me, a Notary Public in and for the G/;:OORroJIl~J&o~I'liJl;*personally appeared R _ E _ Ba rd who acknowledged himse1f)' :>\!~ljl>xIfto be the President ofR.E. Bard Construction and that he as such officer, executed the foregoing instrument on behalf of such corporation for the purposes therein contained. *state of Maryland, Harford County IN WITNESS WHEREOF, I hereunto set my hand and official seal. .e'~ Notary Public My Commission pires: J c2 ::.0 (- () / n o ALL THAT certain tractofland lying and being situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING on the western berm ofIrvin Drive, at a point at the comer of Lot No. 13, on the hereinafter described Subdivision Plan; thence along the western berm of Irving Drive, South forty-nine degrees eighteen (18) minutes forty-three (43) seconds West, one hundred and zero hundredths (100.00) feet to a Point; thence along Lot No. 15, on the hereinafter described Subdivision Plan, North forty (40) degrees forty-one (41) minutes seventeen (17) seconds West, one hundred fifty and zero hundredths (150.00) feet to a point; thence along lands now or formerly of Constantinos J. Mallios, North forty-nine (49) degrees eighteen (18) minutes forty- three (43) seconds East on hundred and zero hundredths (100.00) feet to a point; thence along Lot No. 13, on the hereinafter described Subdivision Plan, South forty (40) degrees forty-one (41) minutes seventeen (17) seconds East, one hundred fifty and zero hundredths (150.00)feet to a point, the place of BEGINNING. CONTAINING 15,000 square feet and being known as Lot No. 14 on a Subdivision Plat prepared for Donald Irvin, entitled land Subdivision of Frontier Village, prepared by Steven P. Wolfe, R.S., dated June 10, 1993 and recorded in Cumberland county Plan Book 70, at Page 65. SUBJECT TO protective covenants for Frontier Village as more fully set forth in Miscellaneous Book 315, at Page 19. . SUBJECT TO building setback lines, easements and restrictions as set forth on the above described subdivision plan recorded in Plan Book 70, at Page 65. F:. 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