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Home My WebLink About07-1347 {'1o.07- 13'(7 MLD Law OjJkes IRWIN & McKNIGHT 60 West Pomfret Street, Carlisle, Pellnsylvallill17013-3222 WAIVER OF LIENS THIS AGREEMENT, made and concluded this 9th day of March, 2007 , by and between BRYANT G. MINNICH AND TIMOTHY B. MINNICH, of 95 Fox Lane, Newville, Pennsylvania, party of the first part (hereinafter called Owner), AND BRYANT MINNICH CUSTOM BUll..T HOMES, with its principal offices located at 95 Fox Lane, Newville, Pennsylvania, party of the second part (hereinafter called Contractor), WHEREAS, the said parties have by a duly executed agreement under seal, dated March 9, 2007 entered into a written contract for the construction and completion of a residential dwelling at Lot No, 14, Brick Church Road, Newville, Brick Church Estates Plan, Plan Book 91, Page 10, Upper Frankford Township, Cumberland County, Pennsylvania NOW THIS AGREEMENT WITNESSEm: That the Contractor for and in consideration of the contract aforesaid and the consideration mentioned thereunder, as well as the further consideration of One ($1.00) Dollar to him in hand paid by the Owner at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the said building or buildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any sub-contractor, material men or laborers for work done or materials furnished under said contract or by any other party acting through or under them or any of them for and about said building or buildings or any part thereof, or on credit thereof, and that all sub-contractors, material men, and laborers on said work shall look to and hold Contractor personally liable for all sub-contracts, materials furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatever against Owner for any work done or labor or materials furnished under said contract for and about the erection, construction and completion of said buildings as aforesaid, or under any contract for extra work, or work supplemental thereto, or otherwise. AND 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 the erection, construction and completion of said building or buildings as to any work and labor done and materials furnished under the contract aforesaid. AND, in order to give the Owner full power and authority to protect itself and the lot or lots of ground against any and all claims filed by the Contractor or anyone acting under or through him or it in violation of the foregoing covenant, the said Contractor for himself, themselves, itself, hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear for him, them, it, or any of them, in any of the said Courts of Common Pleas as Attorney for him, them or it and in his, their, its, name, mark satisfied of record at the cost and expense of the Contractor or of any Sub-Contractor or Material man, or Material men, any and all claims or claim, lien or liens, filed by or for the Contractor, or any Sub-Contractor or Material man, or in his or their name against said building or buildings, lot or lots of ground or any part thereof and for such act or acts this shall be good and sufficient warrant and authority, and a reference to the Court, Term and Number in which and where this Agreement shall have been filed shall be a sufficient exhibit of the Authority herein contained to warrant such action, and the Contractor for himself, themselves, itself, do hereby remise, release and quit-claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in any- wise touching or concerning the same. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals dated the day and year first above written. WITNESSES PRESENT: ~d)m:-) RY ANT G. MINNICH (SEAL) Owner ~. ~ ~)~B.~-< (SEAL) Owner WITNESSETH: BRYANT MINNICH CUSTOM BUILT HOMES BY:~c;z? /i'L..'1 (SEAL) ANT G. MINNICH ' Contractor 2 ALL THAT CERTAIN tract of land situate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described in accordance with a subdivision plan prepared by Eric Diffenbaugh, RPLS dated November 11, 2004, and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 91, Page 10, as follows: BEGINNING at a point in centerline of SR 4019, Brick Church Road, at comer of Lot No. lC on Plan Book 88, Page 79; thence along centerline and through cartway of SR 4019, Brick Church Road South 41 degrees 59 minutes 28 seconds East 169.87 feet to a railroad spike; thence still along same South 45 degrees 24 minutes 34 seconds East 8.11 feet to a set railroad spike; thence along Lot No. 15 South 45 degrees 48 minutes 22 seconds West 280.80 feet to an existing iron pin; thence along Lot No. 8 in Plan Book 88, Page 79 North 43 degrees 09 minutes 49 seconds West 216.53 feet to an existing iron pin; thence along Lot No.1 and Lot No. IC on Plan Book 88, Page 79 North 53 degrees 34 minutes 26 seconds East 285.88 feet to an existing railroad spike, the Place of BEGINNING. CONTAINING 1.2779 acres and designated as Lot No. 14 of Brick Church Estates. BEING part of the same premises which Bryant G. Minnich and Donna K. Minnich, his wife, granted and conveyed to Bryant G. Minnich and Timothy B. Minnich by deed dated May 5, 1997 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 157, Page 183. EXHmIT A 2 ~ ?:> ~ - ~ ~ \t ~ - ~ 0 oex c ~ O(l "-.('I C> ?- 'Q ~ ~, h ~ ~ ~ (':::.> r ~ - ~ ~, ('\ ~ '\ 1. " 'l. v- ,.... t-- f'"\ (") c r--.,) ~ = 0 '-.J I) =:: .:T! :;;':J nl:!J r-' .~.~:~G ,....J ;_~_:; (L, ~ f'" E ~,~J U) :J.J -< N .:- ""'<,1