HomeMy WebLinkAbout03-0166WAIVER OF RIGHT TO FILE MECHANIC'S LIEN CLAIM
WAIVER OF LIENS
WHEREAS, COCCA MA.HAGE~.NT, INC., of 250 DeBartolo Place, Suite
1650, Boardman, Ohio 44512, hereinafter called "CONTRACTOR",
entered into a contract with COCCA DEVELOPMENT, LTD, of 250
DeBartolo Place, Suite 1650, Boarclman, Ohio 44512, hereinafter
called "OWNER", to furnish labor and/or materials for the
construction of a commercial building on property of the Owner,
which property is situate in the Borough of mount Holly Springs,
Cumberland County, Pennsylvania, bounded and described as follows:
Refer to Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE, as part of the said contract for the
consideration therein set forth, Contractor waives any right that
Contractor now has or in the future may have to file a lien,
commonly called a mechanic's lien, against the above described real
estate or against the improvements located thereon to secure
payment for work done or materials furnished by the Contractor, and
sub-contractor or material man, or any other person furnishing
labor or materials to the Contractor under the above described
contract. It is the intention of the parties that this waiver
shall be recorded in the Office of the Prothonotary of Clarion
County to provide constructive notice of this waiver to any and all
sub-contractors, material men, and other persons furnishing labor
or materials under this contract.
IN WITNESS WHEREOF, and intending to be legally bound hereby,
the Contractor and Owners have voluntarily executed this waiver
this /~day of ~2;U~~_M33 with full knowledge of the
rights
afforded the Parties under the laws of the Commonwealth of
Pennsylvania.
ATTEST:
COCCA MANAGEMENT, INC.
Name:~
Title:
ATTEST:
COCCA~
President of Penn Ohio Mortgage Company, Inc.
GENERAL PARTNER
STATE OF OHIO )
) SS:
COUNTY OF Mahoning )
On this, the ~ day of
January , 2003 before me, the
undersigned officer, personally appeared, ANTHONY L. COCCA, who
acknowledged himself to be the President of Cocca Management, Inc.,
and that he, as such officer, being authorized to do so, executed
the foregoing instrument for the purposes therein contained by
signing the name of said office by himself as such officer.
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal.
/ N~ ar~- ~bl ic
My Commission Expires
Notary P.":bl~[7 ?~ ~ 31, 2005
My Comm~asmn ~- '
STATE OF OHIO )
) SS:
COUNTY OF Mahoning )
On this, the /~ day of January
, 2003 before me, the
ANTHONY L. COCCA, who
undersigned officer, personally appeared,
acknowledged himself to be the* General Partner of Cocca
Development, LTD, and that he, as such officer, being authorized to
do so, executed the foregoing instrument for the purposes therein
contained by signing the name of said office by himself as such
officer. *President of Penn Ohio Mortgage Company, Inc., who is the
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal.
Nota~ Public
My Commission Expires:
KELLY A. KLiM
Notary Public. State of Ohi~
3~1' Commission Expires ?Jay 317,2005
EXHIBIT "A"
ALL that certain vacant tract of land situate in the Borough
of Mount Holly Springs, Cumberland County, Pennsylvania, being
known as Lot No. 1 of a Final Subdivision Plan of Gary G. Free,
recorded in Cumberland County Plan Book 46, Page 16, more
particularly bounded and described as follows:
BEGINNING at a point on the East side of North Baltimore
Avenue at an iron pin; thence North 6 degrees 30 minutes 00
seconds West 217.29 feet to a railroad spike; thence along
property now or formerly owned by Holly Brokerage Company, North
83 degrees 30 minutes 00 seconds East 160.71 feet to a railroad
spike; thence along property known as Lot #2 of said Subdivision
Plan; South 5 degrees 58 minutes 41 seconds East 220.29 feet to
an iron pin; thence along lands now or formerly of John M.
Kiracofe, Jr., South 84 degrees 34 minutes 48 seconds West 158.73
feet to an iron pin set along North Baltimore Avenue, the Place
of BEGINNING.
BEING the same premises conveyed by Yellow Breeches EMS,
Inc., to Cocca Development, LTD by deed dated January 6, 2003 and
recorded January /O , 2003 in the Office of the Recorder of Deeds
of Cumberland County, Pennsylvania.
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