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WAIVER OF LIENS - CONTRACTOR
KNOW ALL MEN BY THESE PRESENTS, That contemporaneously with the execution
hereof, an agreement has been entered into between ENOLA SENIOR HOUSING, LP, a
Pennsylvania limited partnership, with a principal place of business at 501 Rolling Ridge Drive,
Suite 200, State College, Pennsylvania 16801 ("Owner"),
AND
POOLE ANDERSON CONSTRUCTION, a Pennsylvania corporation, with a principal place of
business at P.O. Box 756, Huntingdon, Pennsylvania 16652, ("Contractor") relating to the
construction and/or rehabilitation of a housing project upon the real estate located at South Enola
Drive, Enola, Cumberland County, Pennsylvania, and described in Exhibit A, attached hereto
and made a part hereof(the "Agreement"); and,
WHEREAS, PENNSYLVANIA HOUSING FINANCE AGENCY has agreed to lend and
advance certain funds to Owner to finance such rehabilitation of the housing project in
consideration of the execution of this Waiver.
NOW, THEREFORE, intending to be legally bound hereby, at the time of and
immediately before the execution of the Agreement, and before any authority has been given by
Owner to Contractor to commence work on said housing project, for and in consideration of the
making of the Agreement with Owner, Contractor does hereby, for Contractor and any and all
subcontractors, material suppliers and parties acting or claiming for, through or under
Contractor, including, inter alia, any mechanical or electrical engineer, construction engineer or
civil engineer, covenant and agree with Owner and PENNSYLVANIA HOUSING FINANCE
AGENCY that no mechanics' liens or claims shall be filed or maintained by Contractor, or any
of them, against the real estate described in Exhibit A attached hereto, or the buildings thereon,
for or on account of any work done or materials furnished under the Agreement or under any
supplemental contract, verbal or written, or contract for extra work in or about the rehabilitation
and/or construction and completion of the housing project, or otherwise; and Contractor, for
Contractor and any and all subcontractors, material suppliers and parties acting or claiming
through or under Contractor, including, inter alia, any mechanical or electrical engineer,
construction engineer or civil engineer, hereby expressly waives and relinquishes the right to
have, file or maintain any mechanics' liens or claims against the real estate or buildings.
Waiver of Liens/Contractor/PennHOMES
Project: ENOLA COMMONS SENIOR APARTMENTS (0-792)
Page 1 of 3
This Waiver waiving the right of lien shall be in 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 rehabilitation and/or construction and completion of
the housing project as to any work and labor done and materials furnished under the Agreement.
In order to give Owner and PENNSYLVANIA HOUSING FINANCE AGENCY full
power and authority to protect the real estate and buildings against any and all mechanics' liens
or claims filed by Contractor or anyone acting or claiming for, through or under Contractor or in
violation of the Agreement or this Waiver, Contractor, for itself and all subcontractors, material
suppliers and parties acting or claiming for, through or under Contractor, including, inter alia,
any mechanical or electrical engineer, construction engineer or civil engineer, hereby irrevocably
authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of
Pennsylvania or any attorney of any court or jurisdiction there or elsewhere, to appear in any
court or jurisdiction for Contractor, and mark satisfied of record, at the cost and expense of
Contractor, or any such subcontractor, material suppliers or party including, inter alia, any
mechanical or electrical engineer, construction engineer or civil engineer, any and all claim or
claims, lien or liens filed by or for Contractor, in its or their name against the real estate,
buildings, or any part thereof, and, for such act or acts this shall be a good and sufficient warrant
and authority, and a reference to the Court, term and number or place in which the Agreement
and this Waiver shall have been filed shall be sufficient exhibit of the authority herein contained
to warrant such action; and Contractor, for itself and all such parties, does hereby remise, release
and quit-claim unto Owner and PENNSYLVANIA HOUSING FINANCE AGENCY and each
of their attorneys any and all manner of errors, defects and imperfections whatsoever in entering
such satisfaction or anywise touching or concerning the same.
The Agreement and this Waiver are made and intended to be filed with the Prothonotary
of the Court of Common Pleas of the County or other proper place in which the above-described
lands are located.
It is expressly understood that this Waiver and all of the provisions and remedies herein
contained shall be available to and for the protection of PENNSYLVANIA HOUSING
FINANCE AGENCY and Owner of said premises.
In the event Contractor consists of more than one person, firm or corporation, thd
undertakings hereunder of each of such persons, firms or corporations shall be joint and several,
and the word "Contractor" shall mean all or some or any of them. For the purposes of the
Agreement and this Waiver, the singular shall be deemed to include the plural, and the neuter
shall be deemed to include the masculine and feminine, as the context may require.
Waiver of Liens/Contractor/PennHOMES
Project: ENOLA COMMONS SENIOR APARTMENTS (0-792)
Page 2 of 3
PROPERTY DESCRIPTION
The land referred to in this Commitment is described as follows:
ALL THAT CERTAIN lot or tract of land situated in East Permsboro Township. Cumberland Count3.'. Pennsylvania. being
known as Lot No. I on a Final Subdivision Plan, dated Aprill 22, 1999. prepared by Alpha Consulting Engineers. Inc..
approved by the Board of Commissioners on June 7, 2000 and recorded k, the 6ffice of the Recorder of Deeds of
Cumberland Count3.', Pennsylvama, in Plan Book 81 page 42, which is bounded and described as follows:
BEGINNING at an iron pin, said iron pin being the northewestem comer of the property now or formerly of Paul E. and Fay
Aim Wolf: thence along land now or formerly of David E. and Marguerite A. Harding, North 84 de~rees 56 minutes 1}
seconds East by a distance of 114.36 feet to an iron pin: thence along the same North 05 degrees 04 minutes 45 seconds West
by a distnace of 114.00 feet to a point: thence along the lands now or formerly of Edgar G Firth and cindy L. Orlasky and
others North 79 degrees 54 minutes 14 seconds East a distance of 543.81 feet to a point: thence along ~he lands now or
formerly of Geir Magnussen, South 05 degrees 20 minutes 05 seconds West by a distance Of 103.90 feet to a point; thence
along the northern right of way line of Prospect Drive, North 70 degrees 23 minutes 40 seconds West a by a distance of
14.53 feet to a point; thence along the same by a curve to the left having a chord North 77 degrees 56 minutes 26 seconds
West by a distance of 66.98 feet and having a radius of 255.00 feet and an arch length of 67.17 feet to a point: thence along
the same, North 85 degrees 29 minutes 15 seconds West by a distance of 127.01 feet to a point: thence along the same by a
curve to the left having a chord South 88 degrees 19 minutes 33 seconds West by' a distance of 37.75 feet having a radius of
175.00 feet and an arc length of 37.82 feet to a point: thence along the same by a curve to the right having a chord North 74
degrees 48 minutes 34 seconds West by a distance of 19.58 feet having a radius of 25.00 feet and an arc length of 20.12 feet
to a point: thence along the same by a curve to the left having a chord South 41 degrees 52 minutes 53 seconds West bv a
distance of 99.80 feet and having a radius of 50.00 feet and an arch len~h of 150.74 feet to a point: thence along the la~ds
now or formerly of Kenneth R. Snvder, Jr. and Debra D. Snvder. South 45 degrees 30 minutes 30 seconds West by a
distance of 103.27 feet to a point: thence along the same South 04 degrees 43 minutes 00 seconds East. by a distance of
319.87 feet to a point: thence along the same. South 84 degrees 39 minutes 55 seconds East by a distance of ~83.29 feet to a
point: thence along the lands now or formerly' of DBL South 05 degrees 20 minutes 05 seconds West bv a distance of 138.69
feet to a point: thence along the lands now or formerly of Kenneth R. Snvder, Jr. and Debra D. Snvder~ South 84 degrees 52
minutes 26 seconds West by a distance of 104.74 ~'eet to an iron pini thence along the lands 'now or formerly of East
Pennsboro Township South 84 degrees 52 minutes 26 seconds West by a distance of 250.00 feet to a rebar: thence along the
lmads of Hamilton M. and Vivian M. Henrv North 05 degrees 07 minutes 34 seconds West by a distance of 85.00 feet to an
iron p~n: thence along the same South 84 degrees 52 minutes 26 seconds West by a distanc~ of 125.00 feet to an iron pin:
thence along the lands now or formerly of Calvin H. Heinl, Jr.. North 04 degrees ~7 minutes 40 seconds West a distance of
441.22 feet to an iron pin. the place of ~eginning.
CONTAINING approximately 189,759 square eet (4.~6 acres)
BEING PARCEL NO 09-15-1291-344
BEING THE SAME PREMISES xvhich Kenneth R. Snyder. Jr. and Debra D. Snyder. husband and wife. by Deed dated
November 13. 2002 and recorded in Cumberland Count' in Deed Book 254 page 2713. conveyed unto 'Enola Senior
Housing, LP (a Pennsylvania limited partnership), in Fee. '
EXHIBIT A