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Home My WebLink About00-02460 ...... t rJ.:.'- " 00 - ,;)4(,,0 fY)i:..o T~ WAIVER OF LIENS KNOW ALL MEN BY THESE PRESENTS THAT: COUNTRY SIDE VILLAGE HOMES, INC. (the "Contractor") AND MAHLON N, ZIMMERMAN (the "Owner") entered into a certain contract (the "Contract") for the performance of certain work and improvements (collectively, the "Improvements") on certain real property located in Southampton Township, Cumberland County, Pennsylvania (the "Premises"), as described on Exhibit "A" attached hereto and made a part hereof; and NOW, THEREFORE, in consideration of the execution and delivery of the Contract and intending to be legally bound hereby, Contractor, for itself, its successors and assigns, and all subcontractors and other parties acting through or under it or them, does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any Kind whatsoever shall be filed or maintained against the Improvements or the Premises or any part or parts thereof or the appurtenances thereto, by Contractor or by any subcontractors, materialmen, laborers or others for worK done or for any tolls, equipment, materials or supervision or other services furnished under the Contract or any subcontract and supplements thereto, written or oral, or by any other party acting through or under them, or any of them, for and about the Improvements, the premises or any parts thereof, or on credit thereof. 000323 9:03am (lIens.wall 1IiiIiii' "'{t:lti-t.~l;f ~- ......-=. -.',. ~" ~,~ 1_~, ..,. - , , ~, ~," :" " "'. .. ' ~ . This Waiver of Liens shall be an independent covenant and shall operate and be effective as well with respect to work done and materials and services furnished under any supplemental contract for extra work in connection with the construction of the Improvements as to any work and labor done and materials fumished under the Contract. In order to give Owner full power and authority to protect itself, and the Improvements and the Premises against any and all claims filed by Contractor, or by any subcontractor or anyone acting under or through Contractor in violation of the foregoing covenant, Contractor, for itself, its successors and assigns, and all such persons, hereby irrevocably authorizes and empowers any attomey of any Court of Common Pleas of the Commonwealth of Pennsylvania to appear for it, them or any of them, in any such Court as Attorney for it or them, and in his, its or their name, mark satisfied of record, at the cost and expense of the Contractor or of any such subcontractor, laborer or materialman, or in its or their names, any and all mechanics' liens or claims or other liens or claims of any kind whatsoever filed or maintained against the Improvements or the Premises or any parts thereof or the appurtenances thereto, and for such act or acts this shall be good and sufficient warrant and authority and a reference to the Court and to the Docket in which and where this instrument shall have been filed shall be a sufficient exhibit of the authority therein contained to warrant such action, and the Contractor, for itself and all subcontractors, laborers, and materialmen, does hereby release all errors and defects whatsoever in the entry of any such satisfaction or the exercise of the authority hereby conferred. THIS WAIVER OF LIENS will be filed in the Office of the Prothonotary of Cumberland County, Pennsylvania, pursuant to the provisions of the Act of August 24, 1963, 000323 9:03am [llens,wal) 2 ..,--->----,' . ~', ^--,'"".';=, '" ---, '".^"""~""~,'-;.'" -, > -, . _-_.---'-'",'.',:.o,i'.t..~ ,.. '"<~" '"' . . . P.L. No, 497, as supplemented and amended, and the receipt for such filing will be delivered to Owner. WITNESS the due execution hereof this k ' } lfI do, of.1fW (}dfiJ , 2000. CONTRACTOR: 1ftQ.4{ ~ oy; ~ ct:~_ COUNTRY SIDE VILLAGE H9MES. INC, B~~4 9J?/~~ , Mahlon . Zim~an, President ---'- OWNER: / .,' /j)J ?J;;I~~ ." Mahlon N. Zimm an 000323 9:06am [Iiens.waij 3 ..~ .II,' EXHmIT A DEED 1 ALL THOSE CERTAIN two tracts of land with improvements erected thereon, situate in Southampton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: TRACT NO, 1: BEGINNING at an iron pin at the intersection of the northern right of way of Legislative Route #21048 with the northwestern right of way line of a limited access highway known as Interstate Route 81; thence along the northern right of way of said Legislative Route #21048, North 66 degrees 59 minutes 37 seconds West, 168 feet to an iron pin; thence by the same, North 62 degrees 33 minutes 43 seconds West, 249,62 feet to an iron pin; thence by lands now or formerly of Floyd Bauserman, North 41 degrees 10 minutes 42 seconds East, 169.51 feet to an existing iron pin; thence by the same North 59 degrees 14 minutes 23 seconds West, 120 feet to an existing iron pin; thence by lands now or formerly of Beatrice M, Hershey, North 56 degrees 02 minutes 22 seconds West, 150.15 feet to an existing iron pin; thence by the same, South 41 degrees 02 minutes 07 seconds West, 199.88 feet to an iron pin located in the center of said Legislative Route #21048; thence by the centerline of said Legislative Route #21048 along a curve to the right having an arc distance of 50 feet, a radius of 1,165.08 feet and a chord bearing North 50 degrees 58 minutes 55 seconds West, 50 feet to an iron pin; thence by lands now or formerly of Robert L, Jamieson, North 41 degrees 02 minutes 07 seconds East, 200.55 feet to an existing iron pin; thence by the same, North 46 degrees 57 minutes 53 seconds West, 150 feet to an existing iron pin; thence by lands now or formerly of AI-Don Partners, North 41 degrees 02 minutes 07 seconds East, 490.19 feet to an iron pin; thence by the same; North 67 degrees 13 minutes 53 seconds East, 174,85 feet to an iron pin; thence by the same, South 79 degrees 43 minutes 07 seconds East, 235 feet to an iron pin; thence by the same, North 10 degrees 58 minutes 53 seconds East, 442 feet to an iron pin; thence by the sarite, North 49 degrees 01 minute 07 seconds West, 174 feet to an iron pin; thence by the same, North 79 degrees 01 minute 07 seconds West, 145 feet to an iron pin; thence by the same and by lands now or formerly of Paul D. Bremer and also by lands now or formerly of Lloyd J. Wagner, North 08 degrees 44 minutes 53 seconds East, 484.50 feet to an existing iron pin; thence by lands now or formerly of the said Lloyd J, Wagner, North 08 degrees 15 minutes 07 seconds West, 125 feet to an existing iron pin; thence by the same, South 44 degrees 30 minutes 23 seconds West, 185.70 feet to an iron pin; thence by lands now or fonnerly of Glenn L. Glessner, William H. Helman and Karen L. Linard along a curve to the left having an arc distance of 159.65 feet, a radius of 391.50 feet and having a chord bearing North 06 degrees 06 minutes 23 seconds West, 158.54 feet to an iron pin; thence by other lands now or fonnerly of Galen Asper, North 42 degrees 13 minutes East 223.67 feet to an iron pin;'thence by the same, South 48 degrees 27 minutes East, 420,75 feet to an existing iron pin; thence by lands now or formerly of William D, Swisher and by other lands now or late of Glenn S, Asper, South 76 degrees 47 minutes 00 seconds East, 864.92 feet to a point; thence along the northwestern right of way line for a limited access highway known as Interstate 81, South 22 degrees 57 minutes 36 seconds West, 4.56 feet to an iron pin; thence by the same, South 29 degrees 22 minutes 55 seconds West, 296.60 feetto an iron pin; thence by the same, South 26 degrees 43 minutes 50 seconds West, 131.60 feet to an iron pin; thence by the same, South 62 degrees 21 minutes 20 seconds West, 62.50 feet to an iron pin; thence by the same, south 30 degrees 38 minutes 10 seconds west, 321.50 feet to an iron pin; thence by the same, south 26 degrees 45 minutes 22 seconds West, 521.24 feet to an iron pin; thence by the same, south 32 degrees 35 minutes 04 seconds west, 128.68 feet to an iron pin; thence by the same, south 29 degrees 11 minutes 40 seconds west, 510 feet to an iron pin; thence by the same, South 35 degrees 28 minutes 10 seconds West, 212,28 feet to an iron pin; the place of BEGINNING. CONTAINING 37.453 acres pursuant to a survey prepared by Wilbur H. Clifton, R.S., dated November I, 1986. " r '. , " '11. , . <0,' "" TRACT NO.2 BEGINNING at a point located on the northwestern right of way line of a limited access highway known as Interstate 81 located at a comer of Tract No. I described above; thence by other lands now or late of Glenn S. Asper herein described as Tract No. I above, North 76 degrees 47 minutes 00 seconds West, 335,62 feetto an existing pile of stones; thence by lands now or fonnerly of William D. Swisher, North 41 degrees 44 minutes 32 seconds East, 1394.58 feet to an iron pin; thence along the northwestern right of way line for a limited access highway known as Interstate 81, South 27 degrees 49 minutes 20 seconds West, 20,80 feet to an iron pin; thence by the same, South 35 degrees 49 minutes 12 seconds West, 128.00 feet to an iron pin; thence by the same, South 29 degrees 07 minutes 42 seconds West, 374.86 feetto an iron pin thence by the same, South 17 degrees 48 minutes 53 seconds East, 41.34 feet to an iron pin; thence by the same, South 30 degrees 36 minutes 52 seconds West, 93.95 feet to an iron pin; thence by the same, South 26 degrees II minutes 04 seconds West, 161.28 feet to an iron pin; thence by the same, South 28 degrees 56 minutes, 18 seconds West, 176,06 feet to an iron pin thence by the same, South 32 degrees 23 minutes 10 seconds West, 212.40 feet to an iron pin; thence by the same, South 22 degrees 57 minutes 36 seconds West, 75.04 feet to a point located along the northwestern right of way line of Interstate 81, the place of beginning. CONTAINING 4.598 acres as per survey prepared by Wilbur H. Clifton. BEING THE SAME PREMISES which Richard M. Hurst, John R. Broderick and Kenneth E. Hardy, Co-Partners t/d/b/a H.B.H. Associates, a PA Partnership, by deed dated April 24, 1991 and recorded April 25, 1991 in the Recorder of Deeds Office in and for the County of Cumberland, Pennsylvania in Record Book B-35, Page 727, granted and conveyed unto Mahlon N. Zimmennan, his heirs and assigns, DEED 2 ALL THAT CERTAIN tract or parcel of unimproved land situate in Southampton Township, Cumberland County, Pennsylvania, being further bounded and described as follows: BEGINNING at an existing iron pin, a common comer with other land now or fonnerly of Mahlon N. Zimmennan, grantee herein, and land now or fonnerly of Galen S. Asper; thence along said land now or fonnerly of Galen S, Asper, North twenty three (23) degrees thirteen (13) minutes thirty seconds East one thousand four hundred twenty five and forty three hundredths (1425.43) feet to an iron pin set sixty five (65) feet from the center line of the Conrail railroad tracks; thence along land now or fonnerly of Eastern Real Estate Co. South eighty five (85) degrees sixteen (16) minutes fifty two (52) seconds East one hundred fifty four and fifty hundredths (154.50) feetto an iron pin set fifty (50) feet from the center line of the railroad tracks; thence continuing along land now or fonnerly of Eastern Real Estate Co. South seventy nine <(79) degree<< forty two (42) minutes thirty five (35) seconds East five hundred fifty and zero hundredths (550.00) feet to an iron pin set fifty (50) feet from the center line of the railroad tracks; thence continuing along land now or fonnerly of Eastern Real Estate Co. South sixty nine (69) degrees forty two (42) minutes forty three (43) seconds East two hundred one and sixty hundredths (201.60) feet to an iron pin set eighty five (85) feet from the center line of the railroad tracks; thence continuing along land now or fonnerly of Eastern Real Estate Co. South seventy nine (79) degrees forty two (42) minutes thirty five (35) seconds East eighty and eighty two hundredths (80.82) feet to an iron pin set eighty five (85) feet from the center line of the railroad tracks and also on the westerly right of way line of Interstate 81 (S.R. 0081); thence along the said westerly right of way ofI-81 South twenty nine (29) degrees five (05) minutes twenty seven (27) seconds West two hundred and nine hundredths (200.09) feet to a set iron pin; thence continuing along the westerly right of way ofI-81 South thirty (30) degrees two (02) minutes forty four (44) seconds West seventy one and twenty four hundredth (71.24) feet to an existing iron pin, a common comer with aforementioned other land now or fonnerly of Mahlon N, Zimmennan; thence along said land now or fonnerly of Mahlon N. Zimmennan south forty one (41) degrees twenty two (22) minutes thirty (30) seconds West one thousand three hundred thirty one and fifty eight hundredths (1331.58) feet to an existing iron pin; thence continuing along land now or fonnerly of Mahlon N, Zimmennan North seventy- '-, . ~ - ,~ "~- " " ...' .".. .. six (76) degrees forty two (42) minutes thirty (30) seconds West five hundred twenty six and eighty five hundredths (526.85) feet to an existing iron pin, the point of beginning. CONTAINING a total area of 25.692 acres. SUBJECT to a 150' electric easement of Pennsylvania Electric Company, a 10' sanitary sewer easement of Cumberland Franklin Joint Municipal Authority, a triangular shaped drainage easement for 1-81 of the Commonwealth of Pennsylvania, and any and all comments, covenants, regulations, restrictions, conditions, easements, right of ways, set backs, etc. that are shown on the hereinafter mentioned plan, or are visible or apparent, or are ofrecord. BEING Lot No.5 on a plan entitled "Land Subdivision for William D. Swisher" by Carl D, Bert, P,L.S. dated February 28, 1992 which was approved by the Southhampton Township Supervisors August 24, 1992 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 65, Page 65, BEING THE SAME PREMISES which William D. Swisher and Evelyn L. Swisher, by deed dated May 13, 1994 and recorded in the Recorder of Deeds Office in and for the County of Cumberland, Pennsylvania in Deed Book 105, page 1122, granted and conveyed unto Mahlon N. Zimmerman, his heirs and assigus. .lUIl '."-~~~'~='~"-lij~.!~~liIIlI~_tii~D""""'" .., ~l .. --~, ~~.. ..,' -.~ "-'-"~IIIi/l",~-'L- ~p \t:. :2t ~ ~ ~ (/,\ -tQ ....... o o [; S2~? ---',..- ~7:~~:: "-'Co' ~~~3 " "'>. ~ 8 v F :t) -J: qJ &-- t1- ("J " r 1- r-- ~ ~ R ., ". ~. , ~ -,. ~;" .... II o o "'" "'-0 ~J o -')-! -D v N ,--j ::",1 '/:>- ..;.] "" "J