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Home My WebLink About97-07045 ./ . .' , Project Name: Roth Village TO\olnehom,!W PHf'A 10-546 (j ') - 'kW5' /'l't /.-.'/> WATVF.R OF LIENS. SUBCONTRACTOR KNOW ALL BY THESE PRESENTS, That contemporaneously with the execution hereof, an agreement has been entered Into between Elam G. Stoltzfus, Jr., !!Jc.a Pennsylvania Corporation . with 11 principal place of business I1t _1H....M1'.......i;;r1npy Rtvlrl. Lancaster, PA 17602 , ("Contractor"). AND , 11 325 S. Reading R~ld/ E~hrata, P/I__~2 . ("Subcontractor") relating to the construction and/or rehabilitation of 11 housing project upon the real estate located at 4181 Roth !.n. Mp("h,m i ("Qhl1rg. Ph and described in Exhibit A, attached hereto and made a part hereof (the "Agreement") owned by sencit Hampdcn Associatcs LP a Haller Enterprises Inc. with a principal place of business at PA Limited Partnership Suite 36, Harr1sburQ, PA .' . with offices at 17 106-066.3.-. 2215 forcst Hills Drive NOW. THEREFORE. intending to be legally bound hereby, at the time of and immediately before the execution of the Agreement. and before any authority has been given by Contractor to Subcontractor to commence work on said housing project. for and in consideration of the making of the Agreement with Contractor, Subcontractor docs hereby. for Subcontractor and any and all subcontractors. material suppliers and parties acting or claiming for. through or under Subcontractor. including, inter alia. any mechanical or eleclrical engineer, construction engineer or civil engineer. covenant and agree with Owner and PENNSYLVANIA HOUSING FINANCE AGENCY that no mechanics' liens or claims shall be filed or maintained by Subcontractor. or any of them. against the real estate described in Exhibit A attached hereto, or the buildings thereon, for or on account of any work done or materials furnished under the Agreement or under any supplemental contract, verbal or written, or contract for extra work in or about the rehabilitation anelloI' construction and completion of said project. or o'therwise; and Subcontractor. for Subcontractor and any and all subcontractors, material suppliers and parties acting or claiming through or under Subcontractor, them or any of them, including, inter alia, any mechanical or electrical engin\1er, construction engineer or civil engineer, hereby expressly waives and relinquishes the right to have, file or maintain any mechanics' liens or claims against the real estate or building~, ,-" Waiver of Liens. Subcontractor(PennHOMES Project: Page 1 of 3 . , . This Waiver waiving the right of lien shall be an Independent covenant and shall operate and be elTective as well with respect to work done and materials furnished under any supplemental contract for e:<tra work In the rehabilitation, construction and completion of the housing project as to any work and labor donc and Illaterials furnished undcr the Agrcement. ... In order to give Owner, PENNSYLVANIA HOUSING FINANCE AGENCY and Contractor full power and authority to protect thc real cstate and buildings against any and all mechanics' liens or claims l1Ied by Subcontractor or anyone acting or claiming for. through or under Subcontractor or In violation of the Agrecmcnt or this Waiver, Subcontractor, for itself and all subcontractors, material suppliers and partics acting or claiming for, through or under Subcontractor, including. inter alia, any mechanical or e1cctrical engineer. construction engineer or civil enginecr, hereby irrevocably authorizcs and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania or any attorney of any court or jurisdiction there or elsewhere, to appear in any court or jurisdiction for Subcontractor, and mark satisfied of record, at the cost and e:<pense of Subcontractor, or any such subcontractor, material suppliers or party including, inter alia, any mechanical or electrical engineer, construction engineer or civil engineer, any and all claim or claims. lien or liens tiled by or for Sllbcontractor. or in its or their Rame against the real estate, buildings, or any part thereof, and, for such act or acts this shall be a good and sufficient warrant and authority. and a reference to the Court, term and number or place in which the Agreement and this Waiver shall have been liIed shall be sufficient e,mibit of the authority herein contained to warrant such action; and Subcontractor. for itself and all such parties, does hereby remise. release and quit-claim unto Owner and PENNSYLVANIA HOUSING FINANCE AGENCY and each ofthcir attorneys any and all manner of errors, defects and imperfections whatsoever in entcring such satisfaction or anywise touching or concerning the same. The Agreement and this Waiver is made and intended to be filed with the Prothonotary of the Court of Common Pleas of the County or other proper place in which the above. described lands arc located. It is expressly understood that this Waiver and all of the provisions and remedies herein contained shall be available to and for the protection of PENNSYLVANIA HOUSING FINANCE AGENCY and Owner of said premises. In the event Subcontractor consists of more than one person, finn or corporation, the undertakings hereunder of each of such pcrsons, firms or corporations shall be joint and several, and the word "Subcontractor" shall mean all or some or any of them. For the purposes of the Agreement and this Waiver, the singular shall be deemed to include the plural. and the neuter shall be deemed to include the, masculine llnd feminine, as the context may require. . ......1 Waiver of Liens - SubcontractorlPennHOMES Project: Page 2 of 3 , . IN WITNESS WHEREOF, Subcolltract~with illti;t.o b~lega\lY bound hereby. has hereunto signed and sealed these presents this l.1.!:- day of iI~' - , 19.fl. WlnffiSS /tW/F4~~ By ~~R. ~ Title: \ I;'. ~",-12.1- ,'. COMMONWEALTH OF PENNSYLVANIA: 'i""~:' COUNTY OF J AAX"Ir-S7c~ SS On this, the 11m day of 1;~ ' I cJ!Z before me, a Nota%PubIiC, the undersigned ofllcer, personally appeared tJ;:~J /1AI.e_- v: r . . - of "i/-t-J..U<"..d.t G/"I'F".,:2/,4ffE $" , known to me (or satisfactorily proven) to be the person whose name is subscribed to the wilhin Waiver of Liens and acknowledged that he/she, being authorized to do so, executed the same for the purposes therein contained, and desir~5 the same to be recorded as such. IN WITNESS WHEREOF, I hcrcunto set my hand and notarial scal. (SEAL) II NOTARIAL SEAL ANDREW nUlA. NOTARY PUBLIC EAST HEMPFIELD TVlP. LANCASTER CO PA MY COMMISSION EXPIRES NOV J I 1~\'\1 -..-.---. .. , .~./ Waiver of Liens - SubcontractorfPellnHOMES Project: Page 3 of 3 ~'!' ,.. "\S~-lO-i997 lGIe;'J ",' t{3/rII,,'tIOII"I'>IL'lH IlfIPPI'oI!IJPI., , ' ,..1" "-"Ii"'''' " " I' ..' . ~ ( r " ~ '--' - I ....-......... ',. ..'..... III/flnES'I,,!,l) 1.1f,1l,\1. Ilto:SI:rtWI'ION . (lOll IW'I'II Vll,Li\G~ 'II)WNllOMl.;S '.-' .,...---_..~.".. '''''.'''''''-''--'' .."....... 'j ...._- -.....- All rhAI c(\rtal/llllt r,r lrA~r of 1,lIlu uilllille In l~ulIIJldl:n 'I'IlWIL~llip, (;lIIl1li~lIill\l1 Cl,illl\lV, 1',~1lo1sylvaull\. III'JIt: lully \h)lIlII!r.'!lh'nl alc.~l'l'lh~lI AS lill")w~: BF.OlNNll'ln hI II o;oncrete 1llOllUl1Illllt (t'l)lIl1rl) .)n Iht: SOlllh~l'lIllllht of WilY lill\! tlf R(llh Lane (:,0 li)ot rifihl of WAY) and lino of lanrlR NIF of 1..Qlli1 omJ I'lnrkm rt '7.elnlllY; th'mr.e by sHirl right 01' way Ii"" South 7') de~re~s :l'I minutes 14 secCJllda En't ':>~:9,87 tMt 10 R Ilobm thellce by , sallie IlIlII curve to lhe IC('llirtylllK a I'Qlll\l,~ of "2~.IMlleC:I, A\llIle length of lOUR feet to a lloint; Ihl\n~e by sam~ ~outh 86 duw'eus 07 lIlil\1l1~S 17 Kucnnds HaRt 'llifl.1)5 feci II) All It'M pin (fI1I1nd): !h~r\r.6 by line of InrutH N/'F of Fronl:J1n It. And ,J"Yl1e I~oth !>11Ulh 53 rl'\Br~"9 14 mlllutes 49 ~uCOJll4 West 299.311 rc.etto all It 11 II pili (fOIIJI<I): lhnnce hy nnme SOlllh 33 <lngraos 4~ minUtes 10 sl\conds EMt 111\.63 feel tel all irnn pin (fo\lnrl); ,h,~ncCl by \ille 01' laRds NIP of Mlchnel A. and Sharon K Ailkins, .!,'hlt R. ~nd Janice C. 'l'lIylor lIDoi Foganyonrl1>.'lolinnri 1\~sC)cint~s South .n degreM 31 minHllls l~ se(~OIl,ls \VeM 4Yh:lll timl" a \loint io S~ars nlln: lhanr:e ,iloll)~ Hill:' of lands N/R Hllgentil R. Dcll'lller Nllrth 11.1 <1~~{M~ :14 minutes 42 SI~COhnR Wesl 550.UO feet 10 n poinl: thence along lin.lllf Innds N/~ of Loui, nnn Dnclulll\,ll. :I.eln:wy. alln " prlvata itC,:l\SS wnd Nm;'th 43 d~'!lrccs '14 mililnes 45 $,\':0",'$ EMt 11),9\ teet to R pnint; lh~ncll hy 5ame North 49 dt!lree~ 46 min\ltes 14 seconds HJst '245.91 fiiP.! (0 n (loint; thene!! by s:\me find crossing eaid privata QC<less I.~~d Nnr1h 17. deS1'~A~ m mlnmes ,11j '~el'lllld~ Wi.~t 1:>.7. J 5 feel' tn 0 r:111v:rele momun:,ull, hcin~ the point ulld Ill~c~ of BEGINNING. Sui.! pmp"..ty cOIll:linilll\ R.m a~\e~. I.l\\ill~ Ihe tOlal uuct QS shown 1)1\ rh<3 H:<iSrlllll Tllpop:rIIphic anu BOllndi\l)' Smv,-,y k'hm I.Sher.l 1 ot' 8') for Roth Villng~ 'l'ownhol11~~. pt~pnrf,1 hy H~rh~rt. Howlnfld 8: Gnlhk. loco !litter! June L!), 1!J\l7 with n:visi(III~. I ,: IIMf".,.1I '~'''.I.lI:''.'ll'~M'Hd m~ 11.1 1~'1. ;- . If:.