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HomeMy WebLinkAbout98-06383 .~, _ -11/08/11 FRt 13: 18 FAX 717 231 8804 RIIOAD S , S I NOS LLP LORI INVESTORS, INC., Record Owner . IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA and WF&D REALTY, a Partnership, Equilable Owner : No.: 9p. b6fJ frlJ.J) '~I'2J'} and MASS CONSTRUCTION GROUP, INC., Contractor : WAIVER OF LIENS CONTRACTOR'S WAIVER OF LIENS THIS AGREEMENT made this \o*'day 01 bI~-=>-> ,1998, between LORI INVESTORS, INC., a Pennsylvania corporation ("Record Owner"), WF&D REALTY, a Pennsylvania partnership with offices in Camp Hill, Cumberland County, Pennsylvania, ("Equitable Owner") and MASS CONSTRUCTION GROUP, INC., a Pennsylvania corporation ("Contractor"), WHEREAS, by a duly executed written agreement dated November ~ 199B (the "Contract"), Equitable Owner and Contractor have contracted for the design and construction of new, first class business offices (the "Improvements") in Units 200 and 201, 5006 East Trindle Road, in the Easl Trindle Commerce Center Condominium, situate in Hampden Township, Cumberland County, Pennsylvania !the "Property"), said Property being more particularly described in a Declaration of Condominium, as amended, recorded September 30, 1997 in the Office 01 the Recorder 01 Deeds in and lor Cumberland County, Pennsylvania, in Record Book ~ Page ~ a photocopy of the legal description of which is attached herelo as Exhibit "A" and, by this reference, incorporated herein; and WHEREAS, no authorization has yet been given by Equitable Owner to Contractor to commence its work or Plllchase materials for same; and WHEREAS, no work has commenced on the Property for the Equitable Owner, Tenant or Lender/Mortgagee and no labor or materials have been delivered to the Properly or lurnished for the Improvements by Contractor or any sub-contraCtor or materialmen lor the Equitable Owner; and '1S'Iua,~ NOU-06-1998 12:24 717 231 6694 97% tl1002 'j" <: ~, v; :Oi 'i. '7 ..~ :l~ ~' " .t ':~ ?; ;! ~ ':l P,02 .. NOW THEREFORE, Ihe Contractor, for itself, ils subcontraclors, materialmen and its and Iheir successors and assigns and anyone else acting or claiming through or under it, for and in consideration of the Conlrolct and the conSiderations mentioned therein, and intending to be legally bound hereby, does herehy agree as follows: 1. Waiver of lien. Contrador hereby waives and relinquishes all rights to file a mechanics' lien, claim or notice of Intention to file any lien or claim and does hereby covenant, promise and agree Ihal no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the Improvements or the cst.,te or title of Owner and Equitable Owner in the Property as described in Exhibit "A" or the curtilage or curtilages appurtenant thereto, by or in the name of Contractor or any subcontractor, materialmen or laborers for work done or materials furnished under the Contract or by any other party acting through or under them or any of them for and about the Improvements or the Property or any part thereof, or on credit thereof, and that all subconlractors, materialmen and laborers on Ihe work shall look 10 and hold Contractor personally liable for all subcontracts, materials furnished under the Contract for and about the erection, construction and completion of the Improvements, or under any contract for extra work, or for work supplemental thereto, or otherwise, :' 2. Indeoendent Covenant. 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 supplemental contract for extra work in Ihe erection, construction and completion of the said Improvements and as 10 any work and labor done and materials furnished under the Contract. 3. Public Notice. This Agreement shall be filed in the Cumberland County Prothonotary's Office as public notice hereof. NQU-05-1998 12:24 717 231 5594 97% P,03 . IN WITNESS WHEREOF, Ihe said parties, intending 10 be legally bound hereby, set their hands and seals dated the day and year first auove writlen. ,\HDT, W l-l"t'~~; , (SEAL) WITNESS: -~. ",,1...:... /. ~ v . ~A... 1:' fly y: b:~ ~p~, r-'j J); . - - r Og/ . , .<Zoo\...... ~...I.:~ / '-~~_k. ATTEST: ~~~^~ (SEAL) NDv-e6-1998 12:24 RF.CORD OWNER: LOR~ '~_~~~'Ns') .' oy: ' -\...-k' Z. , ,/ . ,. ' '(~~resi _ .. ~~C!f; , ;?-e~' EQUITABLE OWNER: WF&D REALTY , .I "\ I -;',Il/tl~~ (,/ ./ 'f- (SEAL) ~ner ~lli4r t j~"",~\- (SEAL) IP rlner :) \ (SEAl) (SEAL) (SEAL) By: 717 231 6694 97% p.e4 . ~ ~ n '0\ _,1 ,,'") 9 -" , .J ,;-n C 'iC': ...:) .,~' n Q., , :1 <.J ..J.. W ;",' tv ..;j (tJ :~'.) ::-:1 6' ;,rn r I iI" ::J ._;J -< ~ l/'1 ,Y--