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HomeMy WebLinkAbout01-04779r.::.: - ~"~i"ss iU?~ wrss No. "00001477 O 0- 4~~9 M ~~ WAIVER OF LIENS WHEREAS, Mark R. Donnelly and Stephanie L. Donnelly, of Cumberland County, Pennsylvania, entered into a contract with Home Designs Unlimited, of Pennsylvania, to provide materials and perform labor necessary for completion of a residential dwelling situate upon lot of ground located: 15 Nelson Drive, Carlisle, PA 17013, Dickinson Township, Cumberland County, PENNSYLVANIA, as more particularly set forth in Exhibit "A" attached hereto. NOW, THEREFORE, it is hereby stipulated and agreed by and between the said parties, as part of the said contract and for the consideration therein set forth, that neither the undersigned contractor, any sub-contractor or material man, nor any other person furnishing labor or materials to the said contractor under this contract shall file a lien for work done or materials furnished to the said building or any part thereof. This stipulation is made and intended to be filed with the County Prothonotary within ten (10) days after date, in accordance with the requirements of the Act of Assembly of Pennsylvania, in such case provided. The General Contractor hereby agrees to waive any defects in the filing and indexing of this Lien Waiver in the Office of the Prothonotary where it is to be filed pursuant to Section 1402 of the Mechanics Lien Law of 1963 and agrees that it will not contest the validity of this Lien Waiver based upon any such defects and hereby agrees to this waiver of defects on behalf of any of the Subcontractors, materiahnen or suppliers that may provide any labor or materials under the General Contractors Agreement with the owner and who, but for the same, waiver, would be entitled to assert Mechanics Liens against the owners property under the Mechanics Lien Law of 1963. The General Contractor also hereby agrees to provide actual Notice of the Lien Waiver to all subcontractors, materiahnen and suppliers prior to providing any labor or material by them to the project and will further provide for a written acknowledgment by each of these persons of the Lien Waiver prior to providing any labor or materials to the project. IN WITNESS WHEREOF, the said parties hereto have hereunto set their hands and seals this 10th day of August, 2001. WITNESS: V ~~~ Mark R. Donnelly David Thompson, GEriw~c "EXHIBIT A" ALL THAT CERTAIN piece or parcel of unimproved ground situate in DICKINSON TOWNSHIP, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with the Final Subdivision Plan of Green Hill as recorded in Plan Book 55, Page 17, as follows: BEGINNING at a point in the northern right-of--way line of Nelson Drive at the southeastern corner of Lot No. 6 on the aforesaid Final Subdivision Plan; thence along said Lot No. 6, North forty (40) degrees ten (10) minutes forty-six (46) seconds West, two hundred seventy-four and eighty-three one-hundredths (274.83) feet to a point at lands now or formerly of Lois J. Downes; thence along said lands now or formerly of Lois J. Downes, North forty-one (41) degrees eight (08) minutes forty-six (46) seconds East, three hundred ninety and zero one-hundredths (390.00) feet to a point at the northwestern corner of Lot No. 8 on the aforesaid Final Subdivision Plan; thence along said Lot No. 8, South four (04) degrees fifty-three (53) minutes twenty-eight (28) seconds East, four hundred fifty and five one-hundredths (450.05) feet to a point in said northern right-of- way line of Nelson Drive; thence along said northern right-of--way line of Nelson Drive by a curve to the left with a radius of two hundred twenty-five and zero one-hundredths (225.00) feet, an arc length of one hundred thirty-one and eighty-eight one-hundredths (131.88) feet to a point in said northern right-of--way line of Nelson Drive the place of BEGINNING. Containing 79,586.31 square feet and being all of Lot No. 7 on the aforementioned Final Subdivision Plan. BEING the same premises which Nelson L. Minich, married person, by Deed dated the 20th day of February, 1998, and recorded at Cumberland County in the Office of the Recorder of Deeds, in and for the County of Cumberland, on the 20th day of February, 1998, in Record Book 172, Page 328, granted and conveyed unto Fred A. Small and Janet M. Small, Husband and wife. UNDER AND SUBJECT TO restrictions and conditions as now appear of record. UPI N0.08-10-0630-094 1 / `~~~ ~O ~ ~k v~ ~ ~ _ ~< += `~ N ~ l ~1 -^ V 1 r r n Cpl Cv} v «~~ ~. rnr;, ~-~; ~~_. U~ _> -~.= c,.: =lJ _ ~` v ~. ., c. ~ ~ .. ~~ <„ ~_' '~, ~• f-'~J _.)t_=1 {~;.r, -:, '_ ~'~k~'Y~.~d~'~+fl&s^imsam~ _ . .vim:,. s s~~u~.. au ~ ..r._yrr mr'~m~rh. j