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HomeMy WebLinkAbout97-00974 . 8 id"{ FEB I. . . WILLIAM CHANOFF and GOLDA CHANOFF Owner/Borrower : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA v. No.: 0'7 - 17Lt M L 0 LEON E. WINTERMYER, INC. : Contractor WAIVER OF LIENS WHEREAS, by Agreement dated January 23, 1997, William Chanoff and Golda Chanoff, adult individuals ("Owner/Borrower"), contracted with Leon E. Wintermyer, Inc. ("Contractor") for work and services relating to the construction and construction supervision of a project upon the real estate described on Exhibit "A" attached hereto and made a part hereof: and WHEREAS, the project is to consist of the construction of required public improvements on property in Hampden Twonship, Cumberland County, PennsYlvania, described on Exhibit "A" attached hereto, more fUlly detailed in the construction contract described above: and WHEREAS, Commerce Bank has agreed to lend and advance Four Hundred Forty Four Thousand and 00/100 Dollar ($444,000.00) to Owner/Borrower to finance such construction in consideration of, among other things, the execution of this Waiver. NOW, THEREFORE. Contractor, INTENDING TO BE LEGALLY BOUND HEREBY, does hereby, for Contractor and for any and all subcontractors, materialmen, employees and parties acting or Claiming for, through or under Contractor, covenant and agree with Owner/Borrower and Commerce Bank that no mechanics' liens or claims shall be filed or maintained against the above-described real estate, or the building or improvements to be erected thereon, for or on account of any work done or materials furnished under said agreement or under any SUPPlemental contract, verbal or written, or contract for extra work in or about the erection, construction and completion of said project. or otherwise: and Contractor, for Contractor and any and all subcontractors, materialmen, employees and parties acting or Claiming through or under Contractor, hereby expressly waives and relinquishes the right to have, file or maintain any meChanics' liens or claims against said real estate or buildings or improvements. This Dgreement wDiving the right of lien shDII be Dn independent covenDnt Dnd shDll operDte Dnd be effective DS well with respect to work done Dnd mDteriDls furnished under Dny supplementDI contrDct for extrD work in the erection, construction, supervision Dnd completion of the sDid project DS to Dny work Dnd IDbor done Dnd mDteriDls furnished under sDid Dgreement. In order to give Owner/Borrower Dnd Commerce BDnk full power Dnd Duthority to protect the sDid reDI estDte Dnd buildings or Dny of them DgDinst Dny Dnd DII mechDnics' liens or clDims filed by ContrDctor or DnYOne Dcting or clDiming for, through or under ContrDctor or in violDtion of this Dgreement, ContrDctor, for itself Dnd DII such DforesDid sUbcontrDctors, mDteriDlmen, employees Dnd PDrties Dcting or clDiming for, through or under ContrDctor, hereby irrevocDblY Duthorizes Dnd empowers Dny Dttorney of Dny Court of Common PleDs of the CommonweDlth of PennSylVDniD, or Dny Dttorney of Dny other court or Jurisdiction there or elsewhere, to DPpeDr in Dny sDid courts or Jurisdictions for ContrDctor Dnd mDrk sDtisfied of record, Dt the cost Dnd expense of ContrDctor, or Dny such subcontrDctor, mDteriDlmDn, employee or PDrty, Dny Dnd DII cIDim or clDims, lien or liens filed by or for ContrDctor or in its or their nDme DgDinst the sDid reDI estDte, buildings; D COpy of this Agreement, Dnd D reference to the court, term Dnd number or plDce in which this Dgreement Dnd wDiver shDII hDve been filed ShDll be sufficient exhibit of the Duthority herein contDined to wDrrDnt such Dction; Dnd ContrDctor, for itself Dnd DII such PDrties, does herebY remise, releDse Dnd quitclDim unto Owner/norrower Dnd Commerce BDnk, Dnd their Dnd eDch of their ce,'tDin Dttorney or Dttorneys, Dny Dnd DII mDnner of errors, defects Dnd imperfections whDtsoever in entering such setisfaction or enywise touching or concerning the seme. This Dgreement Dnd weiver is mede Dnd intended to be filed with the Prothonotery of the Court of Common Plees of Cumber lend County, PennsylvDnie, or other proper pIece in which the ebove- described IDnds Dre 10cDted. It i~ expressly understood that the foregoing weiver end DII of the provisions Dnd remedies herein conteined shell be DVDilDble to end for the protection of Commerce BDnk. mortgegee of seid premises, its successors or essigns. .1 , ALL THAT CERTAIN lot or tract of land situate in CUTberland County, Commonwealth of Pennsylvania, bo~nded and described as follows, to wit: Hampden Township, more particularly BE INNING at a point on the Southern right-of-way line of Ed'Jeware Road at the dividing line of lot #BB and lot #B9 as shown on hereinafter me tioned plan of recording. TH NCE by aforementioned dividing line and line of Phase 5 of Hampden Coull So th 24 degrees 15 minutes 00 seconds West 165.95 feet to a point on the di iding line of Phase 3 Hampden Court and lot #88; Thence by aforementioned Ii e and that of lot #87 North 65 degrees 45 minutes 00 soconds we~t 211.09 fa t to a point on line of lands of N/F L.B.Smlth; Thence by aforementioned Ii e North 11 degrees 30 minutes 56 seconds West 731.29 feet to a point; Th nee by same North 74 degrees 37 minutes 13 seconds East 492.0B feet to a nt on line of lands of Tract #1 existing Stormwater Detention Basin "E", Ha pden Court Phase 3 recorded in Planbook 54 page 72; Thence by afore- me1tioned line of lands South 07 degrees 04 minutes 26 seconds West 50.11 fe~t to a point; Thence by same South 77 degrees 03 minutes 12 seconds EaJt 106.41 feet to a point; Thence by same South 65 degrees 27 minutes 04 se nds East 103.83 feet to a point on the dividing line of lot #75 Hampden t Phase 6 and lot #74 Hampden Court Phase 3; Thence by aforementioned .. di ding line and crossing Charlng Cross South 30 degrees 16 minutes 43 sec nds West 170.00 feet to a point on the Western right-of-way line of Cha log Cross; Thence by aforementioned right-of-way line by a curve to the right having a radius of 350.00 feet an arc length of 62.92 feet to a poi t on the dividing line of lot #147 Hampden Court Phase 3 and lot #148 "am den Court Phase 6; Thence by aforementioned diViding line South 40 deg ees 34 minutes 45 seconds West 75,00 feet to a point on the dividing lin of lot #147 Hampden Court Phase 3 and lot #149 Hampden Court Phase 6; The ce by aforementioned diViding line and that of lot #146 and lot #150 Sou h 19 degrees 31 minutes 21 seconds East 164.74 feet to a point on the div ding line of lot #145 Hampden Court Phase 3 and lot #151 Hampden Court ~ ~ ~ J' ~ (/<:> >- .=. :- ~ ~ '" .~-~ , - c- oo ~ \.....", ~< '.~ ,,' .~; ~ EE' ~c '.,- .~ . , .c..' 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