HomeMy WebLinkAbout99-05155ABCO Hbg Pa 17102 717 233 3870 08/23 '99 11:43 NO.295 03/09
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WAIVER OF IFNS
THIS AGREEMENT made this 23rd day of August
between Todd A Engle and Trac A En le 19 99 '
of
Eagles Ngst_er ,r,C ("Owner"), and
-P§€g ---- of
- ._("Conrrac(or')).
'I 'I IE BACKGROUND of this Agreernent is as follows:
A. By a duly executed written agreenienl bearing even dale herewith (the "Contract")
Owner and Contractor have contracted for the erection, construction and completion of
a Two Story Modular Home (the "Irrrproveineiits")
tW be erected on real estate described in Exhibit "A" attached (Ilia "Properly"),
B. By the terms of the Contract, Contractor lies covenanted promised and agreed that
no mechanics' or me(erialsriien's lien or claims would be filed or maintained In the Properly
or any part thereof, or the curtilage or curlilages appurtenanl thereto, either by himself or
anyone else for or on account of any work, labor or materials supplied in the per fonmance
of the Contract, or under any supplemental completion or for extra work, in the erection,
construction or completion of Ilia Improvenien(s on the Properly or any or the curlilages
appurtenant (hereto.
NOW THIS AGREEMENT WITNESSETIT
1. "1 tie Contractor, for himself and anyone else acting or claiming through or under him,
for and in consideration of the Contract and the considerations mentioned therein, arid
)rilendthg to be legally bound hereby, dues hereby waive arid relinquish all right to file a
mechanics' lien, claim or notice of intention to file any lien or claim, and does hereby
covenant, promise arid agree (het no mechanics' lien or claim or other lien or clalm of any
kind whalsoover shall be filed or maintained against the Improvements or (he estate or title
of Owner in lire Property or (he cuililage or curlilages appurlenent (hereto, by or in the
name of Contractor or any subcontractor, niaterialsmen or laborers for work done or
malerlals furnished under the Contract or by any other party acting through or under therm
or any of them for and about the Improvements or the Properly or any part (hereof, or on
credit (hereof, and that all subcontractors, materialmen, and laborers on Ilia work shall look
to and hold Contractor personally liable for all subcontracts, materials furnished and work
and labor done, so Ilia( there shall not be any legal or lawful claim of any kind whatever
against Owner for any work done or labor or materials fumisl red under Ilia Contract for and
about (he erection, construction and completion of the Improvements, or under any
contract for extra work, or for work supplemental thereto, or otherwise.
ABCO Hbg Pa 17102 717 233 3870 08/23 '99 11:43 NO.295 04/09
2. This Agreement waiving the right of lien shall be an independent covenant and shell
operate and ba effective as well with respect to work done and materials furnished under
any supplemental contract for extra work in the erection, construction and completion of
the Improvements as to any work or labor done and materials furnished under the
Contract.
3. In the event Contractor consists of more than one person, firm or corporation, the
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 purposes
of this Agreement, the singluar shall be deemed to include the plural, and the neuter shall
be deemed to include (lie masculine and feminine, as the context may require.
IN WITNESS WHEREOF, the said parlies have hereunto set their bands and seals
dated the day and year first above wrillen.
WITNESSES PRESENT: Eagles Nest Enterprises By..
LNe? 1 s?Co?nt actor (SEAL)
T/ (SEAL)
dd A En 1 60_.r
nTracy ngle, o ner )
r:
ABCO Hbg Pa 17102 717 233 3870 08/23 199 11:44 NO.295
pellcyNo. 224274 SCHEDULE "A"
LEGAL DESCRIPTION
09/09
Title No. 14697
ALL
County AofCCumberll8 nd piece and or ro?nwealth of Pennsylvania,1e more nparticularly hounded g,
and described as follows, to wit;
BEGINNING at a Point on the southern side of a fifty (50) foot right-of-way as
shown on the hereinafter mentioned Plan, said point also being on the dividing
line between lands of the Grantors and the Grantees herein and the northeast
corner of Lot No. 4A on the hereinafter mentioned Plan; thence along the dividing
line between the Grantors and the Grantees herein South 2 degrees 47 minutes West,
a distance of one hundred seventy-nine and eighty-five hundredths (179.96) feet
to the dividing IIns between Lots ties, 4A and 3A on the hereinafter mentioned
Plan; thence along said dividing line North 87 degrees 13 minutes West, a distance
of two hundred forty (240) feet to a point; thence North 2 degrees 47 minutes
feet.to the southern sideuofradfiftyt6-0)ufootdrightyofwwayhundredths thence along the
southern side of said fifty (60) foot right-of-way South 86 degrees 6 minutes
East, a distance of two hundred forty and five hundredths (240,05) fast to the
dividing line between lands of the Grantors and the Grantees herein, the point
or place of BEGINNING,
BEING Lot No. 4A on the final subdivision plan of Walter, Ilasehora-44ted December 16,
1977 and recorded in the Cumberland County Recorder's Office in Plan Book 32, at
Page 106, Containing one (1.00) acre,
BEING THE SAME PREMISES which Walter E. Sesehore and Nellie D. Beashore by deed dated March 20,1880
and recorded August 1,1984 in the Recorder's Office In and for Cumberland County, Pennsylvania in Deed Book
V, Volume 30, Page 138, conveyed unto Elmer G, Engle and Winnie L. Engle,
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