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Home My WebLink About99-0584799- 9PY7 01 Q WAIVER OF LIENS THIS WAIVER OF LIENS (the "Agreement") is executed this 16th day of September, 1999, by R. S. Mowery & Sons, Inc., a Pennsylvania corporation having offices at 625 Hamilton Street, Carlisle, PA 17013 ("Contractor"). Background A. By a duly executed written agreement bearing even date herewith (the "Contract") ROBC Limited Partnership, a Pennsylvania limited partnership ("Owner"), and Contractor have contracted for an assisted living facility (the "Improvements") to be constructed on certain real property located at Bent Creek Business Park Lot #12, Silver SpringTownship, Cumberland County, PA, as more fully described in Exhibit A attached hereto and made a part hereof (the "Property"). B. By the terms of the Contract, Contractor has covenanted, promised and agreed that no mechanics' or materialmen's lien or claims would be filed or maintained against the Improvements or the estate or title of Owner in the Property or any part thereof, or the curtilage or curtilages appurtenant thereto, either by himself or anyone else for or on account of any work, labor or materials supplied in the performance of the Contract, or under any supplemental contract or for extra work, in the erection, construction, equipping or completion of the Improvements on the Property or any of the curtilages appurtenant thereto. Agreements 1. The 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, and intending to be legally bound hereby, does hereby 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 any 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 curtilages appurtenant thereto, by or in the name of the Contractor or any subcontractor, materialmen or laborers for work done or materials furnished under the Contract or by any other party acting through or under them or any of them for and about the Improvements or the Property or any part thereof, or on credit thereof, and that all subcontractors, materialmen, and laborers on the work shall look to and hold Contractor personally liable for all subcontractors, 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 under the Contract for and about the erection, construction, equipping and completion of the Improvements, or under any contract for extra work, or for work supplemental thereto, or otherwise. 2. This Agreement waiving the right of lien shall be 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 erection, construction, equipping and completion of the Improvements as to any work and labor done and materials furnished under the Contract. r 3. In order to give the Owner full power and authority to protect himself, the Improvements, the Property, the estate or title of Owner therein, and the curtilage or curtilages appurtenant thereto, against any and all liens or claims filed by the Contractor or anyone acting under or through him in violation of the foregoing covenant, the Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear as Attorney for him, them, or any of them, in any such Court, and in his or their names, (a) to the extent permitted by law, mark satisfied of record at the cost and expense of the Contractor or of any subcontractor, laborer or materialman, any and all claim or claims, lien or liens, filed in violation of the foregoing covenant, or (b) cause to be filed and served in connection with such claim or claims, lien or liens (in the name of Contractor or any subcontractor, laborer or materialman, or anyone else acting under or through him) any pleading or instrument, or any amendment to any pleading or instrument previously filed by him or them, to incorporate therein, as part of the record the waiver contained in this instrument, and for such act or acts this instrument shall be good and sufficient exhibit of the authority herein contained to warrant such action, and the Contractor for himself and for them does hereby 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. 4. 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 of any of them. For purposes of this Agreement, 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. IN WITNESS WHEREOF, Contractor has caused this Agreement to be duly executed and delivered on the date and year first above written. R. S. OWERY $ SONS, INC. By: C/)2! Attest:_ flE Qf?a ?? ?,• rt?Ut(1, rp ALL THAT CERTAIN tract or parcel of ground situate in Silver Spring Township, Cumberland County, Pennsylvania, being Lot No. 12 on that certain Final Subdivision Plan for Bent Creek prepared by H. Edward Black & Associates, P.C. dated March 20, 1997, last revised March 2, 1998, and recorded in Cumberland County Plan Book 76, Page 76, described as follows: COMMENCING at the most southerly property comer of lands owned by Albert L. Allen, Jr. et al. as recorded in Deed Book I-32 at Page 1041 in the public records of Cumberland County, Commonwealth of Pennsylvania; said comer also being the most southerly comer of "Lands NIF of Allen Registry Bureau, Inc.", recorded in Plan Book 30 at Page 12 of the aforementioned Public Records; said comer also lying on the right-of-way of New Willow Mill Road (S.R. 114); thence North 19 degrees 17 minutes 30 seconds West, along said right-of-way, a distance of 419.25 feet; thence North 70 degrees 41 minutes 14 seconds East, a distance of 32.39 feet; thence along a circular curve to the left having a radius of 425.00 feet, a distance of 626.83 feel; thence North 13 degrees 49 minutes 08 seconds West, a distance of 582.04 feet; thence along a circular curve to the right having a radius of 1,040.00 feet, a distance of 184.04 feet; thence along a circular curve to the left, having a radius of 1,274.44 feet, a distance of 427.55 feet; thence North 22 degrees 54 minutes 06 seconds West, a distance of 1,488.39 feet; thence along a circular curve to the right having a radius of 2,244.25 feet, a distance of 70,53 feet; to the point of BEGINNING of this description; thence continue South 67 degrees 05 minutes 54 seconds West, a distance of 708.36 feet; thence North 41 degrees 21 minutes 54 seconds West, a distance of 104.34 feet; thence North 31 degrees 44 minutes 19 seconds West, a distance of 308.26 feet; thence North 56 degrees 21 minutes 35 seconds East, a distance of 450.23 feet; thence along a circular curve to the left with an initial tangent bearing of South 33 degrees 38 minutes 25 seconds East, and having a radius of 230.00 feet, a distance of 262,38 feet; thence North 80 degrees 59 minutes 47 seconds East, a distance of 186.63 feet; thence along a circular curve to the right having a radius of 20.00 feet, a distance of 29.34 feet; thence long a circular curve to the left having a radius of 2,244.25 feet; a distance of 241.02 feet to the point of BEGINNING. CONTAINING 6.83 acres, more or less. UNDER AND SUBJECT, nevertheless, to a certain Declaration of Protective Covenants and Restrictions dated March 23, 1998 and recorded in Cumberland County Miscellaneous Book 572, Page 355; to conditions set forth on the aforesaid Plan, including but not limited to sanitary sewer and stormwater management easements and the delineation of flood plain affecting the lot; to the riparian rights of others; and to all other easements, restrictions, encumbrances and other matters of record or that a physical inspection or survey of the premises would reveal. Exhibit A STATE OF PENNSYLVANIA } } ss COUNTY OF CUMBERLAND } On this the 161^ day of September, 1999, before me, Tracey A. Ott, the undersigned officer, personally appeared Donald H. Mowery, who acknowledged himself to be President of R. S. Mowery & Sons, Inc., a Pennsylvania Corporation, and that he, as such President, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the Corporation by himself as President. IN WITNESS WHEREOF, I hereto set my hand and official seal. racey A t, Notary Public My Commission Expires: March 31, 2003 (SEAL) ratwrw.s?v. t v? orr. rare KMuc CNUU 00M CMADIO Wp OMMM 1AYOCML18" SMES wwa 31 XW 2 a` te u?. c;.. (? "j'l.a a' i? -• ? } ' l7 1 1 N 11 1L? =1?: - 1Jit1 hl. L ? d C7 m V