HomeMy WebLinkAbout97-02093
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W AI VER OF LIENS
WHEREAS, FTF Construc:tion, Inc:.. 523 W~st Choc:olale Avenue, Swe~t 2000, ~h:rshey
PA 17033-1600 (Contrac:tor) has entered into a contract with Walnut Bottom Centre Associates,
3601 Conc:ord Road, York. PA 17-102, (O....ner) for the ~rec:tion, c;onslruc;tion or modification of
a buildini and other improvements upon Ihe lot of ground known as LJnil 2. Walnut Bollom
Centre, A Condominium, South Middleton Township, Cumberland County. P~nnsylvania and
more partkularly desc;ribed in Exhibit "A" hereof; and
WHEREAS, it is the intention of Owner and Contractor that neith~r said 101 of ground
nor the improvements erected or to be erected thereon shall be subject 10 a lien for debts due by
OwtWr to Contrac;tor or by Contraclor to any subcontractor for labor or materials furnished in the
said erection or construction, and that Ihe right of anyone to daim any such lien be waived
hereby.
NOW THIS AGREEMENT WITNESSETH: That Contractor, for and in consideration
of the c;ontrac;t aforesaid and the c;onsiderations mentioned thereunder. as well as the further
c;onsideration of One Dollar ($ 1.00) 10 it in hand paid by the Owner at or before the sealing and
deliver of these presents, the rec;eipt of which is hereby acknowledged, and intending to be legally
bound hereby, does hereby covenant, promise and agree, for contractor and any and all
subcontractors, materialmen, laborers and parties acting for, through or under contractor, that no
mechanics' lien or daim or other lien or daim of any kind whatsoever shall be filed or
maintained against the building, improvements.lot of ground or any part thereof, or the curtilage
or c;urtilages appurtenant thereto, by anyone, and Ihat all subcontractors, materialmen and laborers
shall look to and hold Contractor personally liable for all subcontracts, materials furnished and
work and labor done.
AND this agreement, walvmg the right of lien by anyone, shall be an independent
covenant and shall operate and be effec;tive with respecI to work done and materials furnished
under any supplemental contract for extra work in the erection, construction and completkll1 of
the building as well as to any work and labor done and materials furnished under the c;ontract
aforesaid.
AND, in order to give the O\\-ner full power and authority to protect Owner and the
building, improvements and 101 of ground againsi any and all daims filed by Contractor or
anyone acting under or through Contractor in violation of the foregoing covenant, Contractor
hereby irrevocably authorizes and empowers any Attorney or any Court of Common Pleas of the
Commonwealth of Pennsylvania to appear for Contractor in any of the said Court of Common
Pleas as Attorney for Contractor and, in Contractor's name, mark satisfied of record at the cost
and expense of the Contractor, or of any subcontrac;tor or materialman, any and all claims or
claim, liens or lien, filed by or for the Contractor, or any subcontrac;tor 0 materialman, or in the
name of anyone or more uf them against the building, improvements, lot of ground or any part
thereof, and, for suc;h act or acts, this shall be good and sufficient warrant and authority, and a
referenc;e of the Court, Term and Number in which and where this instrument shall have been
EXHIBIT "AU
ALL THAT CERTAIN Condominium unit known as Unit 2, WalDut Bottom
TowII C'Dtr., A CODdomlDium, South Middleton TOVlllship, Cumberland County,
Pennsylvania, which Unit was created by Amendment to Declaration of Condominium
recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania,
in Miscellaneous Book 544, Page 94, and as depicted in amended plats and plans
recorded in Right of Way Plan Book II, Page 63, in the aforesaid office of the
Recorder of Deeds, which Amended Declaration and amended plats and plans amended
a certain Declaration of Condominium recorded in the OffiCcl of the Recorder of Deeds
of Cumberland County, Pennsylvania, in Miscellaneous Book 499, Page 535, and
Declaration Plan contained in Plan Book 70, Page 66.
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