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Home My WebLink About97-06007 , ,'0\_) err - (s,Cf)' r II\LO Projcct Namc: Roth Village (0-546) WAIVER OF UENS - CONTRACTOR KNOW ALL MEN BY THESE PRESENTS, That contemporancously with the execution hereof, an agreement has been entered into bctween SENCIT HAMPDEN ASSOCIATES L.P" a Pennsylvania limited partnership, with a principal place of business at 2215 Forest Hills Drive, Suite 36. Harrisburg, PA 17106 ("Owner"), AND Elam G, Stoltzfus, Jr., Inc., a Pennsylvania corporation. with a principal place of business at 474 Mt. Sidney Road, Lancaster, PA 17602, ("Contractor") relating to the construction and/or rehabilitation of a housing project upon the real estate located at 4181 Roth Lane, Hampden Township, Cumberland County, PA and described in Exhibit A, attached herelo and made a part hereof (the" Agreement"); and, WHEREAS, PENNSYLVANIA HOUSING FINANCE AGENCY has agreed to lend and advance certain funds to Owner to finance such rehabilitation of the housing project in consideration of the execution of this Waiver. NOW, THEREFORE, intending to be legally bound hereby, at the time of and immediately before the execution of the Agreemenl, and before any authority has been given by Owner to Contractor to commence work on said housing projeet, for and in consideration of the making of the Agreement with Owner, Contractor docs hereby, for Contractor and any and all subcontractors, material supplicrs and parties acting or claiming for, through or under Contractor, including, inter alia, any mechanical or electrical engincer, construction engincer or civil engineer, covenant and agree with Owncr and PENNSYL V ANlA HOUSING FINANCE AGENCY that no mcchanics' Iicns or r,laims shall be filed or maintaincd by Contractor. or any of thcm, against thc rcal cstatc dcscribcd in Exhibit A attachcd hercto, or the buildings thereon, for or on account of any work donc or materials furnished under the Agrccment or under any supplemcntal contract, vcrbal or writtcn. or contract for cxtra work in or about the rehabilitation and/or construction and complction of the housing project, or othcrwise; and Contractor, for Contractor and any and all subcontractors, material suppliers and partics acting or claiming through or under Contractor. including, inter alia, any mechanical or electrical engineer, construction cngineer or civil engineer, hereby expressly waives and relinquishes the right to have, filc or maintain any mechanics' liens or claims against the real estate or buildings, Waivcr of LicnslContractorlPennHOMES Project: Roth Village (0-546) Pagc I of 3 , This Walvcr wai~'inll thc right of licn shall bc in an indcpcndcnt covenant and shall opcratc and bc effcctive as well with rcspcct to work donc and matcrials furnished undcr any supplcmental contract for cxtra work in thc rchabilitation and/or construction and completion of thc housing projcct as to any work and labor donc and matcrials furnished undcr the Agreement. In ordcr to give Owner and PENNSYLVAt-;IA HOUSING FINANCE AGENCY full power and authority to protcct the rcal estate and buildings against any and all mechanics' liens or claims tiled by Contrnctor or anyonc aCling or claiming for, through or undcr Contractor or in violation of the Agrcemcnt or this Waiver, Contractor. for itsclf and all subcontr.lctors. material suppliers and parties acting or claiming for, through or undcr Contractor, including, inler alia, any mcchanical or elcctrical engincer, construclion enginecr or civil engineer, hereby irrevocably authorizes and empowers any attorney of any Court of Common Picas of the Commonwealth of Pennsylvania or any attorney of any court or jurisdiction there or elsewhere. to appear in any court or jurisdiction for Contractor. and mark satisfied of record. at the cost and expense of Contractor, or any such subcontractor, material suppliers or party including, inler alia. any mechanical or electrical engincer, construction cngineer or civil engineer, any and all claim or claims, lien or liens filed by or for Contractor. in its or thcir name againsl the real estate, buildings, or any part thereof. and, for such act or acts lhis shall be a good and sufficient warrant and authority, and a rcference to the Court, tcrm and number or place in which the Agreement and this Waiver shall have been tiled shall be sufficicnt exhibit of thc authority herein contained to warranl such action; and Contractor, for itself and all such parties, does hereby remise. release and quit-claim unto Owner and PENNSYLVANIA HOUSING FINANCE AGENCY and each of their attorneys any and all manner of crrors, defects and impcrfections whatsoever in entering such satisfaction or anywisc louching or concerning the same, The Agreement and this Waiver are made and intended to be tiled with the Prothonotary of the Court of Common Pleas of the County or othcr proper place in which the above-described lands are located, It is expressly understood that this Waivcr and all of thc provisions and remedies herein contained shall be available to and for lhe protection of PENNSYLVANIA HOUSING FINANCE AGENCY and Owner of said premises, In the evcnt Contractor consists of more than onc 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 the purposes of the Agrcement and this Waiver, the singular shall be deemed to include the plural, and the neuter shall be deemed to include the masculine and femininc, as the context may require, f , ! jO. , Waiver of LienslContraclorfPennHOMES Project; Roth Village (0-546) Page 2 of 3 IN WITNESS WHEREOF, Contraclor with intent to be legally bound hereby, has hereunto signed and sealed these presents this ~ay of ~~ ,199_, WITNESS E, G, STOLTZFUS, INC. ~r'cf~~- By: Title: 'i COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF DAUPHIN On this, the n" day of ()~. 199 J, before me, the undersigned officer, personally appeared ... -M.p",. ". .j?', , who being sworn a~cording to law, deposes and ~'ates that he is Af.t.~,.- of Et.....(i. .r/),"1f.J ,]';-. ,;:'" ,a Pennsylvania ~,.,.." , known to me (or satisfactorily proven) to be the person whose name is subscribed to the within inslrument and acknowledged that he, being authorized to do so, executed the same for the purpose lherein contained, and desires lhe same to be recorded as such, IN WITNESS WHEREOF, I hereunto sel my hand and official seal. Notary Public Notallal 5801 Uatc S. S",,"', No~ry PubiIo IWrilllulll. o.upIton County My Camml''''''' elJl"" Mly 21, I. ..........4~t..... ~ -..... (SEAL) Waiver of LicnslContractor/PennHOMES Project: Rolh Village (0-546) Page 3 of 3 Lep! Description ALL that certain lot or tract of land situate in Hampden Township. Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at a concrete monument (found) on the southem right of way line of Roth Lane (50 foot right of way) and line of lands N/F of Louis and Darlene R, Zelazny; thence by said right of way line South 72 degrees 27 minutes 14 seconds East 289.87 feet to a point; thence by same on a curve to thllleft having a radius of 425,00 feet, an arc length of \ 01.38 feet 10 a poinl; thence by same South 86 degrees 07 minutes 17 seconds East 269.95 feet to an iron pin (found); thence by line oflands N/F of Franklin R, and Joyce Roth South S3 degrees 34 minules 49 seconds West 299,38 feet to an iron pin (found); thence by same South 33 degrees 45 minutes 10 seconds East 216.63 feet to an iron pin (found); thence by line of lands NIF of Michael A, and Sharon E. Askins. John R. and Janke C. Taylor and Fogarty and Molinari Associates South S3 degrees 3\ minutes 15 seconds West 496,28 feet to a point in Sears Run; thence along line of lands N/F Eugene R. Deimler North 41 degrees 34 minutes 42 seconds West5S0,oo feet to a point; thence along line oflands NIF of Louis and Darlene R. Zelazny, and a private access road North 43 degrees 24 minutes 45 seconds East 113,95 feet to a point; thence by same North 49 degrees 46 minutes 14 seconds East 245,91 feet to a point; thence by same and crossing said private access road North 12 degrees 02 minutes 46 seconds West 127.15 feet to a concrete monument, being the point and place of BEGINNING, Said property containing 8.02 acres. Belollthe total tract as shown on the Existing Topographic and Boundary Survey Plan (Sheet 1 of 8) for Roth Village Townhomes, prepared by Herbert. Rowland & Grubic. Inc, dated June 19, 1997 with revisions. " . '" H v ~ -+-' J j 1 ~ ... S E c3 1L I) o o - ln - cr - :J ~ r6 cr 00 -:r tn rJ) ]~ cJ