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Home My WebLink About98-01693 .. CT REHABILITATION L.P., a Pennsylvania Limited Partner- ship, Owner/Borrower IN THE COURT OF COMMON Pl,EAB CUMBERLAND COUNTY, PENNA. v. NO. 9fr /(P15 Iv~L.- 0 TRIPLE CROWN CORPORATION INC. , Contractor WAIVER OF LIENti WHEREAS, by Agreement dated the ~' day of n10ruh , 1998, Triple Crown Corporation ("Contractor") and CT Rehabilitation L. P. ("Owner/Borrower") contracted for work and services relating to the construction and construction supervision of a project Upon the real estate described on Exhibit "A" attached hereto and made a part hereof; and WHEREAS, the project is to consist of the construction of The Heights of Beacon Hill II, a Planned Community consisting of 69 fee simple residential units in Lower Allen Township, Cumberland County, Pennsylvania described on Exhibit "A" attached hereto and more fully detailed in the construction contract described above; and WHEREAS, their Lender has agreed to lend and advance certain funds to Owner/Borrower to finance such construction in consideration of, among other things, the execution of this Waiver, NOW, THEREFORE, Contractor, INTENDING TO BE I,EGALLY BOUND HEREBY, does hereby, for Contractor and for any and all contractor, materialmen, employees and paties acting or Claiming for, through or under Contractor, covenant and agree with Owner/Borrower and their Lender that no mechanics' liens or claims shall be filed or maintained against the above-described real estate, or the building or improvements to be erected thereon, for or on account of any work done or materials furnished under said agreement or under any supplemental contract, verbal or written, or contrClct for extra work in or about the erections, construction and completion of said project, or otherwise; and Contractor, for Contractor and any and all subcontractors, materialmen, employees and parties acting or Claiming through or under Contractor, hereby expressly waivs and relinquishes the right to have, file or maintain any mechanics' liens or claims against said real estate or bUilding or improvements. This agreement waiVing the right of lien shall be dn indepen- dent covenant and shall operate and be effective as well with ,. respect to work done and materials furnished under any F.lupploIllOIlII.J contract for extra work in the erection, construct. :Lon, /lUpu!'v lId 011 and completion of the said project as to any work and .I ilbul dUllo and materials furnished under said agreement, In order to oive Owner/Borrower and their Lelldol' till I puwo!' and authority to protect the said real estate and bu i .I d IlIqn ..""Ill/II any and all mechanics' liens or claims, filed by COIIII,l(.'lo!' III anyone acting or claiming for, t.hrough or under C'ollll'iI('I,(11 "I III violation of this agreement, Contractor, for lLBe11 iwd <1.1 I lIill:11 aforesaid subcontractors, materialmen, employees ,,'Hi pill'l 1011 ",'I 111'1 or Claiming for, through or under Contractor, IlcH'nb1' 11'I."VCH',lbl1' authorizes and empowers any attorney of any Court of C'11I1II1I1I1I 1'1"<111 of the Commonwealth of Pennsylvania, or any attO}'I1('1' III <ill)' nl""I' court 01' jurisdict.ion there or elsewhere, to clppeill' III <illY lIilld courts Or jurisdictions for Contractor and mill'k Hilllnl j 0<1 "t record, at the cost and expense of Contract:OI', 01' dill' flll<''' sUbcontractor, materialman, employee or party, any alld all C' I allll O!, claims, lien or liens filed by or for Contractor 01.' .I Il I In C II I ho II' name against the said real estate, bui Idings; il r:op1' III I" In Agreement, and a reference to the court, term and IIl1ll1bo I' c" "I ill", in which this agreement and waiver shall have bElElIl Ii l"d ""ill j bn sufficient exhibit of the authority herein conLaillf!(J to walTall!: such action; and Contractor, for itself and all Huch pill'l iOIl, doos hereby remise, release and quitclaim unto Owner!Rorrower alld I he i /' Lender, and their and each of their cert.ain attorney or all(Jl.Twyn, any and all manner of errors, defects and imperfectJonfJ W"al:IJ(,,!Vo/' in entering Such satisfaction or anywise touchln(l or COIlCfll.'Il,IIl<;f Iho same. This agreement and waiver is made alld intendod 10 bo f'I led with the Prothonotary of the Court of Common PleaB of Cllmborlalld County, Pennsylvania, Or other proper place In wh.ich 1.110 abovf1- described lands are located. It is expressly understood that the forogolllCj Wid VOl' and aU of the provisions and remedies herein contaJnod f1lwlJ bn ilva.! lable to and for the protection of Owner !Borrowers Londo/', mol'! <]ilqeo of said premises, its SUccessors or assigns. In the event Contractor consist:B of more tl1an ono perfJon, f1rm or corporation, the undertakings hereunder of: each of BIlCh penJons, firms or corporations shall be joint. and /JOvnnd, ilnd the \\lord "Contractor" shall mean all Or some or any of them. 1.'01' the purposes of this agreement and waiver, the sln'JlIlat- flha] 1 bo dNJmed to include the plural, and the neuter shall bo dO(!Il1od to Include the masculine and feminine, as the context: 1lI(,y l:oqnl 1'0, EXHIBIT A LEGAL DESCRIPTION ALL 'J:'IIAT caTAD tractor ),and situate in LoWlSr Allen Township, CUmberland County, and Commonwealth of Pennsylvania, more particularly bounded and dOGcribod as follows, to witl BEGINNING at A'point on the southwestern side of Beacon Hill Boulevard at the corner of lands now or formerly of Lower Allen Township: thenco by the southwest side of Beacon Hill Boulevard by a curve to ehe right having a radius of 496.45 feet, an arc distance of 3.47 teet to a point; thence continuing along the southwesterly side Of Beacon Hill Boulevard North 27 degrees 41 minutes 16 second. Weat a distance of 815.61 feet to a point at the corner of Ph.,. VI of the Beacon Hill: Planned ltesident:Lal Development, thence by sa~ South 62 degrees 19 min~tes44 'seconds West, a distance ot 424.00 feet to a pointl thence by same South 04 degrees .7 minutes 19 second! West a distance of 595.84 feet to a point!n the Yellow B~eechoB Creck; thence thro~gh the Yellow Breeches Creek South 56 degrees 01 minute 26 seconds Bast a distanceo! 216.50 feet to a point; thence . continuing through sam. South 47 degrees 29 minutes ,2' seconds Bast A distance of 261.00 feet to a point at lanas'now or tormerly of Lower Allen Township; thence by same North 36 degrees S4 minutes 41 seconda Bast a distance ot 274.24 feet to a proposed concrete ~ument; thence by Bame North 61 degrees 54 minutes 41 seconds Bast a distance of 305.01 teet to a point on the soutbw~8terly side ot Deacon Hill Boulevard, the place of BEGINNING . BBING tract. :2 ot.. the Heights of Beacon Biill. BEING PART OP THE SAMB PRKMISBS WHICH Regency Equities Corp., a Delaware' corporation, successor to Iloitman Mortgage' Ivestors, by Deed dated Nove1llber' ,2,1984 and recorded November 7, 1984 in the Reoorder of Deed8 Of rice in and for t'umberland County, , Pennsylvania, in Reoord Book JO-Z, Page 59, granted and conveyed unto Beacon.Hill Heights Development Corporation, a, pennsylvania cOlC'Porat.ion. ....-';il.'_.-"'..,:~~-~.;' . . , . st ~ <) ~ ~ C:, ~:\;' :r. '-J i;'Jr;o ":.0 :.1j'Y E;" ~ U)L~: ~1..1 f"i- F ~_ .d f'j ~\ I I'll ~. f, ljJ I...N ,~ en", ....; l) :'-:1 ~f~ -t\ ~ ~ , i ~-l: .1,':0 ~ ('\ (:-j (') .~ t,_,! '::n'l co r,) c, .. --,f ';" ~. ::j I') :11 ", IT> -<; f ,( ~ c.I\ J\:J