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WAIVER OF LIENS
THIS AGREEMENT made this a.r day of
bel wee n EARL W MCCLEEREY, JR & JAMIE
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MAY , ~~ 200p
A MCCLEEREY of
("Owner"), and
JOY-ARK BUILDERS of
-n"&--ITNEVIEWROADCAMPHll.L-;-PAl7011----("Co'ltraclorl-:----
THE BACI<GROUND of this Agreement is as follows:
A By a duly executed wrilten agreement bearing even dale herewith (lhe "Contract")
Owner and Conlraclor have contracted for the erection. construction and complelion of
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10 be erectea on real estale described in Exhibit "A" attached (the "Properly")
8. 8y the terms of lhe Conlract, Conlractor has covenanted, promised and agreed that
" no mechanics' or malerialsmen's lien or claims would be filed or mainlained in lhe Properly
or any partlhereof, or the curtilage or curlilages appurtenantlhereto, either by himself or
anyone else for or on accounl of any worl<, labor or malerials supplied in the performance
of the Contract, or under any supplemental completion or for extra work, in the erection,
construction or complelion of the Improvements on the Property or any of the curtilages
appurtenanltherelo.
NOW THIS AGREEMENT WITNESSETH:
1. The Contractor, for himself and anyone else acting or claiming lhrough or under him.
for and inconsideration of the Contract and the considerations mentioned therein. and
lntendihg 10 be legally bound hereby, does hereby waive and relinquish all right 10 file a
mechanics' lien, claim or notice of inlention 10 file any lien or claim, and does hereby
covenant, promise and agree that no mechanics' lien or claim or olher lien or claim of any
kind whalsoever shall be filed or maintained againstlhe Improvemenls or Ihe estate or litle
of Owner in the Property or the curtilage or curlilages appurtenant thereto, by or in the
name of Conlractor or any subcontractor, malerialsmen or laborers for work done or
materials furnished under the Contract or by any other party acling lhrougtl or under them
or any of them for and aboutlhe hnprovemenls or the Properly or any part thereof, or on
credilthereof, and that all subcontraclors, maleriahnen, and laborers on the work shall look
to and hold Contractor personally liable for all subcontracts, materials furnished and work
and labor done, so lhatlhere shall not be any legal or lawful claim of any kind whatever
against Owner for any work done or labor or materials rumished under the Contract for and
about the erection, construction and completion of the hnprovements, or under any
contract for extra work, or for work supplemental thereto, or otherwise.
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., 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 or labor done and materials furnished under the
Contract.
3. 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 "Contraclor" shall mean all or some or any of them. For purposes
of this Agreement, the singluar shall be deemed to include the plural, and the neuter shall
be deemed to include the masculine and feminine, as tile contextlTlay require.
IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals
dated the day and year first above written.
WITNESSES PRESENT:
"
(SEAL)
(SEAL)
(SEAL)
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Policy No. 240310
SCHEDULE "C"
Title No. 14904
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LEGAL DESCRIPTION
ALL that cel1ain picce, parcelllr lot of land situate in Hampden Township, Cumberland
County, Pennsylvania, and bounded and described as follows:
BEGINNING at a point on the Southern right-of-way line of Huntington Commons
(50.00 feet wide), said point being Ideated at the Northeastern corner of Lot No. 89; thcn along
said right-of-way line North 83 dcgr6es 30 minutes 15 seconds East. for a distance of 104.35
feet, to u point on the arc of a circle .!urving to the right having a mdius of 550.00 feet, and an arc
length of 48.00 feet, to a point in line of other lands ofWestbw'Y; then along said other lunds of
Westbury South 01 degree 29 mInutes 45 seconds En.~t, for a distance of 109.28 feet, to a point at
the Northeastem corner of Lot No. 93; thell ulong thc Northern boundary line of Lot No. 93
South 88 degrees 30 minules 15 seconds West, for a distance of 143.31 feet, to a pointltl the
Southeastern comer of Lot No. 89; then ltlong the Eastern boundary line of Lot No. 89 North 06
degrees 29 mInutes 45 seconds West, for a distance of98,46 feet, to a point ami the place of
BEGINNING.
This piece, parcel or lot of hmd COJlsists of approximutely 15,453.18 square feet onand, and is
known and numbered 118 Lot No. 94 on tile Final Subdivio;ion Plan for Westbury - Phase IV,
which is recorded in Cumberland Counly in Plan Book 79 . Page 89.
BEING PART OF THE SAME PREMISES which Jean I. Cignetto, widow by deed dated March 21,1990 and
recorded March 21,1990 in the Recorder's Office in and for Cumberland County, PA, in Deed Book L, volume 34,
page 954 granted and conveyed unto The McNaughton company, a PA Corporation.
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