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HomeMy WebLinkAbout03-0744 BENT cREEK LIMITED PARTNERSHIP Owner/Borrower V. · TRIPLE CROWN CORPORATION, INC. Contractor IN THE COURT OF COMMON CUMBERLAND COUNTY, PA. NO. M.L.D.Z. 2003 PLEAS WAIVER OF LIENS ,WHEREAS, by Agreement dated this ,/~' t ,:~_ _~ /~'-~/~ · . r ), tot work an o~ ..... ~.: ...... . Jaycee Avenue, supervision of a pro, eot upon the real estate described in ~~cl~c~ ~ ........ ~ .... ~. ~ and d ..... ~o rc~r~r~g tO me cons~uction and construction WHE~AS, the pro~ect is to consist of the cons~uction of Georgeto~ Crossing at Bent Creek Lot ~1 ~, G4 renM1 townhomes, in Silver Spring %~ship, Cumberland Count, Pennsylvania described on Exhibit "A" a~ached hereto, more ~lly detailed in the cons~uction contract described above; and. WHE~AS, PNC Bank, National Ass~iation their ("~nder") has agreed to lend Three million three hundred thousand dollars ($3,300,000.00) and advance said funds to Owner/Borrower to finance such construction in consideration of~ among other things, the execution of this Waiver. NOW THE~FO~, Contractor, I~ENDING TO BE LEGALLY BOUND HE.BY, does hereby, for Contractor and for any and all contractor, materialmen, employees and parties acting or claiming for, through or under Con.actor, covenant and· mechanics' liens or claims sha ' _- ~gree w~th O~er/Borrower and their ~nder that no . 11 be filed or mamMmed against the above-described real estate, or the building or ~mprovements to be erected thereon, for or on account of any work done or materials furnished undeF said agreement or under any supplemenM1 con~act, verbal or wri~en, or con.act for ex~a work in or about the erections, cons~uction and completion of said project, or other~se; and Contractor, for Contractor and any and all subcon~actors, materialmen, employees and parties acting or claiming through or under Contractor, hereby expressly waives and relinquishes the right to have, file or maintain any mechanics' liens or claims against said real esMte or building or improvements. This agreement waiving the right of lien shall be an independent covenant and shall operate and be effective as well with respect to work done and materials furnished under any supplemenM1 contract for extra work in the erection, construction, supe~sion and completion of the said project as to any work and labor done and materials Mrnished under said agreement. In order to give Owner/Borrower and their ~nder full power and authori~ to protect the said real estate and buildings against any and all mechanics' liens or claims, filed by Con.actor anyone acting or claiming for, through or under Contractor or in ~olafion of this agreement Contractor, for itself and all such aforesaid contractors, materialmen, employees and parties acting or claiming for, through or under Con.actor, hereby irrevocably authorizes and empowers any aRorney of any Court of Common Heas of the Commonwealth of Pennsylvania, or any a~orney of any other court or ~urisdiction there of elsewhere, to appear in any said courts or ~urisdictions for Contractor and mark satisfied of record, all claim or claims, lien or liens filed by or for Con.actor or in its or their name against the said real esMte, buildings; a copy of this Agreement, and a reference to the court, term and number or place in which this agreement and waiver shall have been filed shall be sufficient exhibit of the authori~ herein contained to warrant such action; and Contractor, for itself and all such parties, d~s hereby remise, release and quitclaim unto O~er/Borrower and.their [,ender, and their and each of their certain attorney or attorneys, any and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or anywise touching or concerning the same. This agreement and waiver is made and intended to be filed with the Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, or other proper place in which the above described lands are located. It is expressly understood that the foregoing waiver and all of the provisions and remedies herein contained shall be available to and for the protection of Owner/Borrowers Lender, mortgages of said premises, its successor or assigns. In the event Contractor consists of more than one person, firm or corporation, the undertakings hereunder of each of such persons, firms or corporations shall be joint and several, and the word "Contractor" shall mean all or some or any of them. For the purposes of this agreement and waiver, the singular shall be deemed to include the plural, and the neuter shall be deemed to include the masculine and feminine, as the context may require. ]--. IN WITNESS WHEREOF, Contractor has hereunto signed and sealed this .~ ~tr, ~ ,gOO& //~ ~day of __ WITNESS: BENT CREEK LIMITED PARTNERSHIP BY: BULLDOZER, INC. its General Partner OWNER/BORROWER: JOHN DISA WITNESS: CONTRACTOm TRIPLE CROWN CORPORATION, INC. MARK k. ISISANTO, CEO - 2