HomeMy WebLinkAbout97-04593
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WAIVliltQEWitiS
KNOW Al.l. MEN BY TlIESE PRESENTS TIIAT.
M(COY IJItOS" INC. (lhe "('ol\trnclor")
AND
TilE FmST lINITE!) METllomST C1IlJIKII OJ! MECIIANICSDl1RG,
PENNSYLVANIA (the "Owner")
entered into a certail\ conlract (the "('ontruct") Ii:)r the performance of certain work and
improvcments (collectively, the "Improvements") on certain real property located in
Mechanicsburg Boro, Cumbcrland ('ounty. Pcnnsylvania (lhe "Premiscs"), as dcscribcd on Exhibit
"A" attached hercto and made a part hereof; and
NOW, T1IEREFORE. in r;onsideration ofthc execution and delivery ofthc Contract and
intending to bc legally bound hercby. Contractor, I'l/" itsell; its successors and assigns, and all
Subcolltrnctors and other parties aCling 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 tiled or maintained against the Improvemcnts or the Prcmiscs or any pall or parts thereof
or the appurtenances therelo, by Contractor or by any subcontractors, matcrialmcn, laborers or
othcrs for work done or for any tolls, equipmcnt. matcrials or supervision or othcr services
furnished undcr the Contract or any subcolllrnct and supplcments thcrcto, writtcn or oral. or by
any other party acting through or undcr thcm, or any of thcm, tor and aboutthc Improvcmcnts.
the premises or any parts thcrcof, or on crcditthcrcof
This Waivcr of Licns shall bc an indcpcndcnt covenant and shall opcrate and be etlective
as well with respcctto work done and matcrials and services lurnished undcr any supplemental
contract for extra work in conncction with the construction of the Improvcmcnts as to any work
and labor done and materials furnishcd under thc Contract.
In ordcr to give Owner full power and authority to protect itlell; 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 covcnant. Contractor, for itself,
its successors and assigns, and all such persons, hereby irrcvocably authorizcs and empowers any
attorney of any Court of Common Pleas of the Comlllonwealth of Pennsylvania to appear for it,
them or any ofthclll. in any such Court as Attorncy f'lr it or thcm, 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 allmcchanics' liens or claims or other
liens or claims of any kind whatsoever tiled 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 sutlicient warrant and authority and a reference to the Court and to the Docket in which
and where this instrument shall have been tiled shall be a sull1cient exhibit of the authority therein
contained to warrant such action, and the Contractor, tor itself and all subcontractors. laborers.
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Exhibit "A"
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ALL THOSE CERTAIN picccs 01' parcels of land situatc in thc Borough of ~cchanicsburg,
Counly of Cumbcrland and COl1ullonwculth of Pcnnsylvania, owned by The First United
Methodist Church of Mechanicsburg, I'ennsylvaniu, a non-profit corporation organized under
the laws of the Commonwealth of Pennsylvania (hereinal\er, 'Church') und conlllincd within
the block boundcd by West Simpson Strect, South Iligh Street. West Keller Strect and South
Frederick Street, and morc Illlly dcscribed in the IlJllowing deeds
I, Deed dated Septembcr 28. 1905 thull George G and Amanda King to The First Church
of the United Brethren in Christ of Mechanicsburg, I' A. predecessor to Church, and recorded in
the Recorder of Deeds ollkc of Cumberlund County, Pennsylvania at Deed Book V Volume 6.
page 282,
2, Deed dated September 22. 1910 from Elizabeth Lucas Kline and Samuelll Kline to The
First Church of the United Brethren in Christ of Mechunicsburg. I' A. predecessor to Church.
and recorded in the Recordcr of Dceds oll1cc of Cumberland County, Pcnnsylvania at Deed
Book Q. Volul11c 7. page 573
3, Deed dated April 30. 1956 Irol11 Vcrne C Shur and Joyce M Shur to The First
Evangelical Unitcd Brethren Church of Mechanicsburg. P A. predecessor to Church, and
recorded in the Recorder of Deeds oflice of Cumberland County. Pennsylvania at Deed Book
D, Volume 17. page 57.
4, Deed dated April 30. 1956 frol11 Jesse Harbold and Susan B, Harbold to The First
Evangelical United Brethren Church of Mechanicsburg, PA. predecessor to Church, and
recorded in the Recorder of Deeds oll1ce of Cumberland County. Pennsylvania at Deed Book
D. Volume 17, page 59.
5, Deed dated September 15, 1960 lrOlll Morton 1', Hulse and Nadia N. Hulse to The First
Evangelical United Brethren Church of Mechanicsburg. I' A. predecessor to Church. and
recorded in the Recorder of Dceds ot1ke of Cumberland County. Pennsylvania at Deed Book Z,
Volume 19. page 864,
6, Deed dated May 22, 1961 from M, Theresa Beck to Thc First Evangelical United
Brethren Church of Mcchanicsburg. P A. predecessor to Church, and recorded in the Recorder
of Deeds olTIce of Cumberland County. Pennsylvania at Deed Book E, Volume 20, page 887,
7, Deed dated December 17, 1974 lrOlll Ralph A Weigle and Fern A, Weigle to The First
United Methodist Church of Mechanicsburg. P A. and recorded in the Recorder of Deeds olTIce
of Cumberland County. Pennsylvania at Deed Book X, Volume 25. page 82,
8, Deed dated I-cbruary 19. 1975 from Verdie 1. Strasbaugh The First United Methodist
Church of Mechanicsburg, P A. and recorded in the Recorder of Deeds olTIce of Cumberland
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