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Home My WebLink About00-07533 ~"'~;"~".;4W"W-,",,"--''''''~'''''''' I. .. ~.- =[& ~"':: .. 1(06- 70-33 f7/l L1::> WAIVER OF MECHANIC'S LIENS CONTRACTOR: Gateway Construction, Inc. 5 Raydom Street P.O. Box 247 Summerdale, PA 17093 OWNER: The SEJAC Group, LLC. 886 Moores Mountain Road Lewisberry, PA 17339 PROJECT: New Building PREMISES: Lot 2 I Old Schoolhouse Road Upper Allen Township Mechanicsburg, PA 17055 WHEREAS, on October 16, 2000, Owner and Contractor entered into an agreement for the above-referenced Project, which is located on the parcel of property set fourth on Exhibit "A" attached hereto (the 'IPremises"); and WHEREAS, in consideration for the contract, Owner has required Contractor to waive any claim which it has or may acquire, on behalf of itself, its subcontractors, and suppliers, with regard to the Project. NOW THEREFORE, Contractor agrees as follows: 1) Neither Contractor nor any of its subcontractors or suppliers shall file any Mechanic's Lien against the Project or against the Premises on account of the performance of any labor or the furnishing of any materials with regard to the Project. 2) Contractor shall immediately inform all subcontractors and material suppliers with regard to the project that Contractor has waived any rights which they may have to file a lien against the Project or the Premises. 3) This Waiver is an independent covenant, and shall operate and be effective regardless of Owner's performance under the agreement between Owner and Contractor. Furthermore, this waiver shall extend to and be effective with regard to any supplemental contract for extra work to be performed relative to the Project. .-- - '~j, . i'iill'~lll!ililllil'hJ l . 4) In order to fully protect the Owner and the Premises against any Mechanic's Lien claim which may be filed by Contractor or its subcontractors or suppliers in violation of the covenants contained herein, Contractor, for itself, its subcontractors, and suppliers, hereby irrevocably authorizes and empowers any attorney of any court of record in and for the Commonwealth of Pennsylvania to appear for it, them, and any of them in any of the Courts of Common Pleas of the Commonwealth of Pennsylvania as attorney for it, them or any of them and, in the name of any claimant who files a lien against the Project or the Premises, mark "Satisfied" any such lien at the cost and expense of the Contractor and of any such Mechanic's Lien claimant. For such action, this instrument or a true and correct copy hereof shall be sufficient warrant. This warrant of attorney shall not be exhausted by any single exercise, but may be re-exercised from time-to-time at any time that a Mechanic's Lien has been filed against the Project or the premises. By furnishing labor or materials with respect to the project, each subcontractor and material supplier of Contractor is expressly agreeing to the terms of this instrument and authorizing the exercise of this warrant of attorney against it. 5) Any legal fees, court costs, or other expenses incurred by Owner with regard to a Mechanic's Lien filed by Contractor or any of its subcontractors or suppliers, shall be payable by Contractor to Owner upon demand. IN WITNESS WHEREOF, Contractor, intending to be legally bound hereby, has caused this instrument to be duly signed this 16th day of October, 2000. Owner: The SEJAC Group, LLC. Signed: L!: ~~ , By: r~c..- C;. U~.....r Signed: ~j) Contractor: Gateway By: David A. Seipe Title: Treasurer llllt.. ~ ^""'" ~ - ~ I ~ " ~"'c, ~_...- Sent.by: WIX WENGER WEIDNER- 10/20/00 12:36 Jedax #754;page 4/4 .' .' 7172344224 ; . .'. 'E,xHIBH. A' . . .. .....'1. ALL THAT CERTAIN parcel of land, situate in the Township at Upper Allen, Cumberland County, Pennsylvania, bounded and described to wit: BEGINNING at a point, said point being located on the northern right-of-way line of Old School House Lane; thence continuing along lands of Lot No. 2-J, now or formerly 01 Cumberland Business Park Associates by a bearing of North thres degrees fitty-five minutes twenty seconds East (N 030 55' 20" E), a distance of two hundred seven and two hundredths (207.02) feet to a point; thence continuing along lands of Lots 2-D and 2-E, now or formerly of Cumberland Business Park Associates by a bearing of South eighty- six degrees four minutes forty-eight seconds East (S 860 04' 48" E), a distance of two hundred thirty-seven and forty-five hundredths (237.45) feet to a point; thence continuing along lands of Lot No. 2-H, now or formerly of Cumberland Business Park Associates by a bearing of South three degrees fifty-five minutes twenty seconds West (S 030 55' 20" W), a distance of two hundred seven and two hundredths (207.02) feet to a point, said point being located on the northern right-of-way line of Old School House Lane; thence continuing along the northern right-at-way line of Old School House Lane by a bearing of North eight-six degrees four minutes forty-eight seconds West (N 860 04' 48" W), a distance of two hundred thirty-seven and forty-five hundredths (237.45) feet to a point, said point being the place of BEGINNING. BEING situate on Schoolhouse Lane, Lot 2-1, Cumberland Business Park, Plan Book 76, Page '32 BEING THE SAME PREMISES which Homestead Trust #5, Michael Cherewka, Trustee; and Mid Penn Bank, by deed dated April 16, 1999 and recorded April 21, 1999 in Cumberland County Deed Book 197, Page 934, granted and conveyed unto Eric Unger, an adult individual, Grantor herein. ,...'; :.':-..' ..... . . ,'.:.' ':. . , ._ '.:-:,t, '" ~ . ::, . .,':.,..... ,.. . '.' : .~ '.'"." . .. ':. . ~f~' l"~ ;;rJi~~MliliilllMi{01t~~~'il!i~~~~"i\"h~N~;"'t.;;'li!"h;""\,'ik,,.~ll<"M""'~<i,"i*';'%~IM-"'''''''~' 1~~~",-wiIll!#l~ll!li!iiiJl\!Ilml!~" ,-~,- ~~ .......... ~ 0- ~. 0f -0 ...,..t: .~ ~ ~<:p ~ - =- .".. =- CJ ~ ~ ~ ~ ~ ~ ~ <:> G .. _._ ~.,~ ~_'.-, .~ _" '0 . ~~ .,--.,,~ ,~ .--~ ~~,'. ,,~ " I I 0 0 C t"'..::., ... 0 dl '. ~.J n f ,-,,1 :;'i: .." . Z C 1'-,,) (n Uj c.::. , .. ~-j> ;;~ -'j Z "co.' -' ;1> ~ ) (1'1 C.~ Z ":', -...j ~, =-0 .< C.) -<