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HomeMy WebLinkAbout01-05386un~2a; 2001 TOE 18:12 F,tl' ~ OOd/010 O/ -53~fo wt L~ WAIVER OF LIENS [COMMONWEALTH OF PENNSYLVANIA] WHEREAS, the undersigned Owner, certain construction agreement described on Bxhib undersigned Contractor, ~~~' ~ , materials and perform labor necessaz or the construe on Exhibit "A" hereto on the property identified on described on Exhibit "B" hereto (the "Property"); and . t~k >t l hur_~~ 'FP'11as entered into a t "A" hereto (the "Contract") with the ~ o~(the "Contractor"), to provide Eton of certain improvements as described Exhibit "A" hereto and which is further WHEREAS, as a condition of the Contract, Contractor has agreed to execute a waiver of mechanics' liens. NOW, THEREFORE, Contractor, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, agrees with Owner and all subsequent owners of the Property, as follows: Contractor, for itself and any laborers, workers, subcontractor(s) and anyone else acting through or undez it, represents, warrants, covenants and agrees that no mechanics', materialmens' or other liens, encumbrances or claims shall be or have been filed or maintained by it, them or any of them, against the improvements which are the subject of this waiver or the Property, for or on account of any work to be done of materials furnished under the Contract and/or by or through Contractor. Contractor, for itself and any laborers, workers, subcontractor(s) and anyone else acting or claiming through or under it, hereby irrevocably and forever waives and relinquishes any and all rights to file a mechanics', materialmens' or other lien, encumbrance or claim or notice of intention to file any of the foregoing. This waiver is and shall be construed as a separate and independent covenant and shall be operative and effective with respect to any and all work or labor done and materials subsequently famished under any supplemental contract or contracts for extra, different or subsequent work and/or materials, although the covenant might not be refereed to therein, as well as to work and labor to be dmie or materials to be furnished under the Contract. I Tn order to give Owner full power and. authority to protect itself and the Property and the work against any and all liens or claims filed by Contractor or any laborers, workers, subcontractor(s) and anyone else acting under or through it or diem in violation of this waiver, Contractor, for itself and foz any and all laborers, workers, subcontractor(s) and anyone else acting under or through it, as well as their respective heirs, perspnal representatives, successors and assigns, hereby irrevocably authorizes and empowers any attorney of any court of competent jurisdiction of the Commonwealth of Permsylvania, or elsewhere, to appeaz as attorney for it, them or any of them, in any such Court and, in its name or their names mark satisfied of record. at the sole cost and expense of Contractor and of any others filing such lien or claim through L;J 1 20629v l 04/21 /00 PUG 29 cODI 18:15 PaSE.Da OA•'2A;2061 TUE 18:19 E~.l' fd)OOS/610 Contractor, any and al! claim or claims, lien or liens flied in violation of this waiver or caused to be filed in connection with such claim or claims, lien or liens (in the name of Contractor or any laborer, worker, subcontractor or anyone else acting under or through it), any pleading or insttttment, or any amendment to any pleading or instnunent previously filed by it or them, to incorporate therein as part of the record this waiver and for such act or acts this waiver shall be good and sufficient wazrant and authority, and Contractor for itself and for them, does hereby forever remise, release and quit-claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in filing such pleading, instrument or amendment or in any way concerning them. Owner shall have the absolute right in its name or in the name of Contractor, or any subcontractor, or any other person who shall have filed a claim or lien, to cause any and all such claims or liens to be dischazged by any other instrument, pleading or proceeding permitted by equity. Con>sacxor, any subcontractor and any ocher person who 5ha11 have filed any such claim or lien shall indemnify, defend and hold Owner free and harmless against rile claim or lien, and against all direct, indirect and consequential damages, c]aims, cbsts, expenses and other losses resulting in any 4vay from the filing of any claim or lien, and shall pay or cause to be paid to Owner the amount of its loss, with interest and all expenses incident to their having discharged or attempting to have dischazged the claim or 1ren, including attorneys' fees, costs and other disbursements. Contractor hereby represents and warrants that no work, of any kind or nature has yet been done on the Property, under the Contract or otherwise, and no materials whatsoever have as yet been furnished to the Property by anyone under, toward or in cotuiection with the execution or performance of the Contract and that no such work shall be done and no such materials shall be furnished until receipt of notice,from Owner authorizing the same. _,\ Contractor, intending to be legally bound hereby, has executed thi Waiver of hi this `~h day o ~~ OWN ~ Name(s): Address: [Corporate Seal] LNl 20629~~ l OW21 i00 CQNTRA-~CT~OR: t ~ n Name: /17+/I o So.r /~pnit QESl4a~S Uw/L~m/feq~ Title: ~ Address:_ ~o (j~+t 3~'7 r(/~i/l~rK~s(v4~/ 17~7Z F IJS 28 ?BOl 18:15 PGGC Gl9 11A.2x:tuot ~ruE >s:ia Fez EXHiBI~' "A" I. i. Parties: Owner and Contractor ii. Date: y-'{_~~ ' II. Improvements:,S~T~ Q_~a~-~~ (~,,,,,,,, III. Property: ~} ~' ~ ,~~~ 1! t3lu.~, I a ,~, .}. LNI 206:91 oanuoo 3 r~oueioro RUG 25 2©D1 19 l5 PR6E.D5 pbi.A%:U01 ThE 18: 1J FA.I" f~Jpp7%p10 EXIiIBIT "B" LEGAL DESCRIPTION OF PROPERTY __°_~____~_____~____'__~________==~~~z~_~__~~__~___°_°__~_====mss= ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: LOT NO. 1 BEGINNING at a point at the corner of proposed Lot #Z and Brackbill Blvd., a SO foot right of way; thence along Brackbil! Blvd, a SO foot right of way, north SI degrees 1 S minutes 00 seconds east, 100. DO feet to a point at the corner of existing Tract #1, land now or formerly of Dean G. Keller and Marian I. Keller, his wife; thence along said land oral along part of land now or formerly of Clarence W. and Ruth R. Gamble, south 3S degrees 1 S mirwr~s 00 seconds east, 200.00 feet to a point; thence along lands now or formerly of Clarence W. c~nd Ruth F. Gamble, south Sl degrees 1 S minutes 00 seconds west, to a point at the corner of Lot No. 1 and proposed Lot No. Z; thence along proposed Lot No. Z, north 35 degrees 1 S minutes 00 seconds west, 200.00 feet to a point, the point and place of BEGINNING. CONTAINING 19,963 sq. feet or 0.46 acres --~- 1. ......19'. . _ _ - - - - - ..~ It BEING~~THE SAME PREMISES which Dean G. Keller and Marian I. Keller, h/w, by their deed dated April 7, 2000, and recorded April 17, 2000, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Record Book 219, Page 508, granted and conveyed uato David W. Ort, Mortgagor herein. PU!3 ~5 2©D1 19:15 P4'F.~7 OSin.B%2001 TUE 18:iJ FA.I" ~ Ottg~010 '' ~ ~.._. COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF ~~®~ I ON THIS, the ~~^ da~y,~of~ 200th, before me, the undersigned officer, personally appeazecl~~1'OTl\ \n~---`~~ who acknowledged hezlhimself to be the Owner identified in the foregoing Waiver of Liens, and That s/he, being duly authorized so to do, executed the foregoing Waiver of Liens for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set\m~y hand and official seal. '~" NOTARY PUBLIC My Commission Expires: (Notarial Seal] P:~onra~crnwrlanootrs.wn7• ma~~~ LNI 20629v I Oa/21/00 Notarial Seal Card L. Troxell, Notary Public LbG9npn, Lebanon COUMy MyCnmmisebn Expires Dec. Er, 2007 a~mn~ rauila aasoaaaon a rbtarroe RUG 29 2©01 19:15 aA'E.~i9 .OA: 28; 2001 TLtE 18:1J FAS . , COMMONWL-ACTH OF PENNSXLVANIA 5S COUNTY OF ~'~`-.~= . ,. [~J(rG8/010 1 ON THIS, dle~ day o \~~ 200, before me, the undersigned officer, personally appeazed~~y~~, ~~~~~n~ ,w,1ho ac~kno~wl~e~d~ge~~d` `her/1him~seylf to be the C~S>~~.. of n~'~s"' "~1'LiU3d . a the Contractor identified in the foregoing Watver of Liens, and that slhe, as such officer, being duly authorized so to do, executed die foregoing Waiver of Liens for the purposes therein contained by signing dle name of the Cottractor by her/himself as such officer. IN' WITNESS WHEREOF, I hereunto set my hand and official seal. ~~ ~ ,_~ NOTARY PUBLIC My Commission Expires: ', [Notarial Seal] F ~DATn\G77\NT1G77UU7 79. Wn~ . IORfip79 LNt 20629v1 0421/00 Notarial Seal Carol L. Yroxell, Notary Pubac Lebanon LebanonCounry' MyCOmmission Ex(tires Oec. 27.2001 Mamba; Paxlsylvenla Association of Nokilal RIJG 28 2001 19: ] 5 Pgr;F . 09 yx'i~'~~"1mrc$svdrd+iski hYSa~-aa», v .. e.~;r~e. ,v, r :u~r ~., .,u.... . ... ..,as,~E,+#~' d~'a'°°- -~-mar ~~ ~ ~ ~ ~~ \ 1f~ W 1 ~' ~ ~... _ n ~~ - Ir ` r 4 ~~ t^ i y H ,~ i •. _~ ~ (3~ 1`