The URL can be used to link to this page

Home My WebLink About01-06982 l,]l~'" . ~- 12/05/2001 11:35 7177741380 ASAP I I PAGE ~2 ()1-(,,clJ~ fr)tJ)~~ "itJto - /'\ ;, ,I. . "\." ..... THE BACKGROUl\'D ofthis Agreement is as follows: ';i;~ ~ ~ ::>(> 1 ?s,- W AIVli'.R OF LIENS 6'~ THIS AGREEMENT made this , day of DECEMBER 2001, between:KEgJf ~ L. KILLIAN and LINDA E, KIILJAN("'OWNER") and BRYAN L. HEY BUILDE~: ~:O INC.(CONTRACTOR"), (:0 C:T --. .~ .' A. By a duly executed written agreement bearing even date herewith (the "Contrict") and Contractor have contracted for the erectiOn, construction and completiOli:'Qf -( - TWO STORY SINGLE F AMIL Y DWELLING B. (The "Improvements") to beerecred on real estate described in Exhibit "A" attached (the "PropeJiy"). C. By the tenns of the Contract, Contractor has covenanted, promised and agreed that no mechanics or materialsmen' s lien or claims would be filed or maintained in the Property or any part thereof, or the curtilage or curtilages appnrtenant thereto, either by himself or anyone else for or on account of any work, labor or materials supplied in tire perfonnance of the Contract, or llllder any supplemental completion or for extra work, in the erection, construction or completion of the Improvements on the Property or any of the curtilages appurtenant thereto. NOW THIS AGREEMENT WITNESSETH: 1. The Contractor, for himself and anyone else acting or claimhig through or under him, for and in eOll~jderatjon oflhe Contract and the considerations mentioned therein, and ititending to be legally bound hereby, does hercby waive and relinquish all right to file a mechanics lien, claim or notice of intention to file any lien or claim, and 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 Improvements or the estate or title of Owner in the Property or the curtilage or curtilage. appurternmt thereto, by or in the name of Contractor or any subcontractor, materialsrnen or laborers for work done or materials furnished under the Contract or by any other party acting through or under them or any oflhem for and about the Improvements or the Property or any part thereof, or on credit thereof, and iliat all subcontractors, materialmen, and laborers on the work shall look to and hold Contractor personally liable for all subcontracts, 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 Wlder the Contract for and about the erection, oonstruction and completion of the Improvements, or undor any contract for extra work, Or for work supplemental thereto, or otherwise. ~~~,,,1!l_i1l!Iffl~ , -,., - ,~'" -" - "_,,,_"~ " .,0. '.' ",". ._,__ ..._,,,-~--,,,--,,.,y """" =-, " - ,~ ~-"'" 1210512001 11:35 71 77741380 ASAP PAGE 03 .f " ,. - " 2. This Agreemen1 waiving the right of lien shall he an independent covenant mjd shall operate and be effective as we1l with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction and cOflpletion of the Improvements lL'l to any work or labor done a11d materials fumished undet the Contract. 3. In the event Contractor consists of more than one person, finn or corporati~n' the undertakings hereunder of each of such persons, firms or corporations shall b joint and several, and the "Contractor" shall mean all or some of any of them. Forp . ses of this Agreement, the singular shall be deemed to include the plural, and the fJ.euter $hall deemed to include the\masculine and feminine. as thc contcxt may require. IN WITNESS WHEREOF, the said parties have hercunto set their hands a~d seals dated the day and year first above written, WITNESS PRESENT: 1/ #I ~ J,!.lY~ iti;; L Killian, OWner \ ~ (' k, /Pe~-n I Linda E. Killian, Owner B~~'~~ (SEAL) (SEAL) (SEAL) (SEAL) -'f~!ffli_1I1_Wii, -';-',"'''T"',,}-_,~,\~,-,-,,~,-- _,~, "", ",-F_.~_ _,"_,'~',"~1_,,"7 ,."'1'''.''''''."'\'.";=-'--" I '.'C; , , , . ~ 'I ~ '." '." , . SCHEDULE C Title No. 16463 The land referred to in this Commitment is described as follows: !;:;;1 ):;s.. ,C LEGAL DESCRIPTION ~o 'v::~: ..... """., ~,~ 24"F ,- _ '-.J ?; "".. .., ..,< e$ ALL that certain piece or parcel of land, situate in Southampton Township, Cumberli:md Coun1y, Pennsylvania, referred to as Lot No.5, more particularly bounded and described In accordance with Subdivision Plan entitled "Final Land Subdivision of Creslwood Acres East", prepared by Carl D. Bert Professional Land SUNeyor, which Subdivision Plan has been approved by the appropriate municipal authorities and Is recorded In Cumberland Coun1y Plan Book 66, Page 83, as follows: BEGINNING at a railroad spike set at the common corner of Lots Nos. 5 and 6, which railroad spike Is set in public road known and designated os T-314 (Whitmer Road), which railroad spike Is also in line of land now or formerly of Bruce E. Whitmer; thence along line of land now or formerly of Bruce E. Whitmer, South 15 degrees 52 minutes 30 seconds East 222,00 feet to a railroad spike at common ~" corner of Lot Nos. 5 and 4; thence along line of Lot No, 4, South 74 degrees 25 minutes 30 seconds West 442.55 feet to a concrete monument at corner of Lot Nos, 5 and 7; thence along line of Lot No.7, North 04 degrees 04 minutes 30 seconds West 226.54 feet to an Iron pin at common comer of Lot Nos, 5 and 6; thence along linE:! of Lot NO.6, North 74 degrees 25 minutes 30 seconds East 396.22 feet to theJallroad spike, the point and place of BEGINNING. CONTAINING a tdtal area of 2.137 acres, more or less, BEING THE SAME PREMISES WHICH Richard L Coy, JrandTammyL Coy by deed dated 1 '1/05/01 and recorded 11/09/01 in the Recorder of Deeds Office in and for Cumberland County in Deed Book 249 page 772 granted and conveyed unto Keith L Killian and Linda E Killian "~3"'''~~"'-;#,,"'''''~ll! , "_,,,~ , ,,~ v f- - ".e "~I i,-"r"~~ , , ~., '. "'~. <-, " " c) '- e- n ~ "c..'- ;'1' ~ a~~:' "---:'J 0 <;,. :--,,) ,;;< () " " - " 0 ":..:;:_L"," -'," '- ~S~~ "- ~~: ~ ~ ~) ? i' :< :,..'1 ~ L 1 :p r _.i~~ - " )_ lliO... ~~ ~ ~ ~1~1m~!!Wifi.~;u,'l"i!-,,"f,,"'ii<Wm,/'-'I~Ot'~"',q-I''-~---''-'l-'-'-:'''-'-}:"1Wt-"-<"""M'S'M,,~~,Wt[.F~rull,~'t\~f#l1lB[>1!'~~!:mJtW~.,;i_~,~~~