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WAIVER OF MECHANIC'S LIENS
CONTRACTOR: Gateway Construction, Inc.
5 Raydom Street
P.O. Box 247
Summerdale, PA 17093
OWNER: Lemoyne Square Plaza Properties
One Lemoyne Square
Lemoyne, PA 17043
PROJECT: Companion Technologies
PREMISES: One Lemoyne Square
Lemoyne, PA 17043
WHEREAS, on 6/25/01, 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 "Premises") ; 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 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 agreement is an independent covenant, and shall operate
and be effective regardless of Owner's performance under the
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contract. Furthermore, this Agreement shall extend to and
be effective with regard to any supplemental contract for
extra work to be performed relative to the Project.
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 subcontractor or supplier in violation of the
covenants contained herein, Contractor, for itself, its
subcontractor, and suppliers, hereby irrevocably authorize
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 suppler of Contractor is
expressly agreeing to the terms of this instrument an
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 causes this instrument to be duly signed
this 25`h day of June, 2001.
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owner: Lemoyne Square Plaza Properties
By: ~W ~~~~~nn
Name : ~~-+~ ""`-w° 1ilYfit j ~ c L-
Title: ~(~-L~(~t,n~i~
Contractor: Gateway Co struction> Inc.
By:
Mark S mpson, Vice President
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ur/19/01 11:40 FAA 717 728 4481 GATEtPAY CONST.
06/27591 15:62 Y.LNB CAMPBELL -~ 717 728 4481
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NATIONAL HF.ADpLIARTERS
p1CNMONG, VrRGINIA
SCHEDULE "~ -^^m'd,
~ 002
No.1ss o~iz
ALL THAT CERTAIN paroel of real estate situate in the Boroug2l of
Lemoyne, Cumberland County, Pennsylvania, being more particularly
described on a Final Re-Subdivision Plan of Lots 4 & 5, Lemoyne
Square, last revised August 4, 1992, as prepared by Siscon Land
Surveying Company, Inc., and further bounded and described as
follotis, to wit;
BEGINNING at a concrete monument on the easterly legal right-of-
way line of Lemoyne Llrive•(5o foot wide) at the dividing line
between Lot lA and i,ot 5A, as shown on the hereinabove mentioned
Plan; thence along said dividing line, North seventy-eight
degrees fifty-one minutes fifty seconds East (N 78° 51~ 50"' E) a
distance of 170.00 feet to a point at the westerly boundary line
of Lot 4A as shown on hereinabove mentioned plan; thence along
the westerly boundary ,lines of I,ot 4A and Lot &, South twenty-one
degrees thirty-one minutes fifty-nine seco»ds East (S 21° 31' 59"'
E) a distance of 46.89 feet to~a point at the dividing Iine
between Lot 5A and Lot 5 as shown on hereinabove mentioned plan;
thenae along said dividing line, South eighty degrees thirty
minutes twelve seconds West (S 80° 30~ 1211 W} a distance of
179.71 feet to a point on the easterly right-of~way line oP
Lemoyne Drive; thence along the'said easterly right-of-way line
of Lemoyne Driver North nine degrees twenty-nine minutes forty-
eight seconds West (N o9° Z9~ 4611 W} a distance of 41.x0 feet to
a concrete monument, the point and place of BEGINNINGS.
BEING Lot 5A on Final Re-Subdivision Plan of Lots 4 & 5, Lemoyne
Square; recorded in Plan Book ;~, Page .L 5
LOT5A IEGAL5~06 ~ '~=~~'y;y+'Pr=riflgyfvania
C•~~Jnry of Cumberland 3 SS yen ~'
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~` s • r;•,y fur C~Iriberl6nd County, Pa. ~ ,,~'„s m v
! r loo;; ~3 o Va. ~ Pape (~, ~ ;' "•
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•.ti•rizrs my hand ss'•,: Leal of offioo of • ~. c 1~ rn _~
CaNi~ir:, P:.thi<. 3n coyo ~•Q1G~~•~,9Y~"". o - :,
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S~ ~~~. PAC€ ~~~n Schedule- A=~~pey'~```'4-. No. L337
` Revised 10/16{92