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HomeMy WebLinkAbout03-0224WAIVER OF LIENS THIS AGREEMENT, Made and concluded this 10~ day of January, 2003, and between PETER NGUYEN, AMY H. NGUYEN and KELLY HUYNH hereinafter called ("Owner"), and S & A CUSTOM BUILT HOMES, INC. hereinafter called ("Contractor"). WHEREAS, the said parties have by a duly executed Agreement under seal, entered into a written contract for the erection, construction and completion of a single family residence, together with appurtenant facilities, situate at Lot #307 Barbara Drive, Mechanicsburg, identified as Cumberland County Tax Parcel Number 10-19-1602 located in Cumberland County, Pennsylvania, being more particularly bounded and described in Exhibit "A" is attached hereto and made a part hereof. AND the said Contractor hereby declares and warrants that no work of whatsoever kind or nature has yet been done and that no materials whatsoever have as yet been furnished by anyone under, toward or in connection with the execution performance of the aforesaid building agreement. WHEREAS, by the terms of the contract aforesaid the Contractor covenanted, promised and agreed that no mechanics' liens or claims would be entered and files against the said building or buildings or any part thereof, or the curtilage or curtligages appurtenant thereto, either by itself or anyone else for any work labor and materials supplied in the performance of the said contract, or under any supplemental contract for extra work, in the erection, construction or completion of the said single family residence and other companion improvements or any of the curtilages appurenant thereto. NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in consideration of the contract aforesaid and the consideration mentioned thereunder, as well as the further consideration of one dollar ($1.00) to it in hand paid by the Owner at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby covenant, promise and agree that no mechanics' liens or claims or other liens or claims of any kind whatsoever shall be filed or maintained against the said building or buildings or the curtilages appurtenant thereto, by Contractor or by any subcontractors, material men or laborers for work done or materials furnished under said contract or by any other party acting through or under it, them or any of them for and about said building or buildings or any part thereof, or on credit thereof, and that all sub-contractors material men, and laborers on said work shall look to and hold Contractor personally liable for all sub-contractors, materials furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatsoever against Owners for any work done or labor or materials furnished under said Contract for and about the erection, construction and completion of said building and improvements as aforesaid, or under any contract for extra work, or for work supplemental thereto, or otherwise. AND this Agreement waiving the right of liens shall be an independent covenant and shall operate and be effective as well with respect to the work done and materials furnished under any supplemental contract for extra work in the erection, construction and completion of the said building or buildings as to any work and labor done and material furnished under the contract aforesaid. AND in order to give the Owner full power and authority to protect itself and the lot or lots of ground against any and all claims files by the contractor or anyone acting under or through it or in violation of the foregoing covenant, the said contractor, for themselves, itself, hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear for them, in any of the said Courts of Common Pleas as Attorney for them, or it and in their or it's name, to mark satisfied of record any and al claims or claim, lien or liens, filed by or for the Contractor, or any sub-contractor or material man, or in their or its name against said building or buildings, lot or lots or ground or any part thereof. For such act or acts, this waiver shall be good and sufficient exhibit of the authority herein contained to warrant such action, and the Contractor, for themselves or itself, does hereby remise, release and quit-claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in anywise touching or concerning the same. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals, dated the day and year first above written. PETER NG~ KELLY It(~'NH (O(~/v~er~ Attest: S & A CUSTOM BUILT HOMES, (Contractor) . ALL '?HAT CERTAIN piece, parcel or lot of land, t°Hether with improvements, situated in Hampden Township, Cumberland County, Pennsylw~nia, and bounded and described as follows: BEGI~NING at a point on the Northern riHht_of_way line of Barbara Drive (50.00 feet wide), said point bein~ located at Southeastern corner of Lot No. 306; thence alonH the Eastern the boundary line of Lot No. 306, North 10 deHrees 59 minutes 07 seconds West, for a distance of 125.00 feet, to a point on the Southern riHht_of_way line of Skyport Road (50.00 feet wide); thence alon~ said riHht of way line North 79 de~rees 00 minutes 53 seconds East, for a distance of 100.00 feet, to a point at the Northwestern corner of Lot No. 308; thence alon~ the Western boundary line of said Lot No. 308, South 10 deHrees 59 minutes 07 seconds East, for a distance of 125.00 feet, Northern riHht_of_way line of Barbara Drive to a point on the thence alonH said riHht_of_way line South 79(50.00 feet wide); deHrees 00 minutes 53 seconds West, for a distance of 100.00 feet, to a point and the place of BEGINNING. THIS PIECE, parcel or lot of land contains approximately 12,500 square feet of land, has an address of 5465 Barbara Drive, MechanicsburH, Pennsylvania 17050, and is known and numbered as Lot No. 307 on the Final Subdivision Plan for Good Hope Farms South - Phase V, which is recorded in Cumberland County in Plan Book 79, paHe 91. UNDER and SUBJECT TO any and all covenants, Conditions, restrictions, reservations, easements, aHreements' and riHhts-cf-way of record. d ~BEING THE SAME PREMISES which The McNauHhton Company, ee~ to be recorded simultaneously herewith in the Office by their of the Recorder of Deeds of Cumberland County, Hranted and conveyed unto Peter p. NHuyen and Amy H. NHuyen and Kelly Huynh.