HomeMy WebLinkAbout99-06388- II
WAIVER OF LIENS
THIS AGREEMENT made this
between ANSON J FLAKE
- day of OCTOBER
KATHRYN K FLAKE
99- tp2PP ink
19 99 ,
of
and
of
TfiE BACKGROUND of this Agreement is as follows:
A. By a duly executed written agiearlier l bearing even dale herewith ((lie "Contract")
Owner and Contractor have contraclod for Ilia erection, construction and completion of
ONE STORY RANCH STYLE RESIDENTIAL DWELLING ((he "IimpioveimenIs")
to be erected on real estate describad in Exhibit "A" attached (Ilia "Properly").
B. By Ilia terms of the Contract, Contractor has covenanted, promised and agreed that
no mechanics' or malerialsmen's lien or claims would be filed or maintained in the Properly
or any part thereof, or the curtilage or curlilages appurlonanl Iherelo, either by himself or
anyone else for or on account of any work, labor or materials supplied in Ilia performance
of Ilia Contract, or under any supplemental completion or for extra work, in Ihe erection,
construction or completion of Ilia Improvements on ilia Properly or any of the curlilages
appurtenant thereto.
NOW TI IIS AGREEMENT W11 NESSETI I:
1. 1 he Contractor, for hlinself and anyone else acting or claiming through or under hire,
for and in consideration of (ho Conlracl and Ilia considoiations mentioned Iliorein, and
)nlendiirg 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 other lien or claim of any
kind whatsoever shall be filed or maintained against Ilia Improvoments or Ilia estate or title
of Owner in lire Properly or ilia cuitilage or curlilages appurtenant thereto, by or in the
name of Contractor or any subcontractor, matorialsmen or laborers for work done or
materials furnished under ilia Contract or by any other party acting through or under them
or any of them for and about ilia Improvements or Ilia Properly or any part thereof, or on
credit thereof, and that all subcontractors, malerialmen, and laborers on Ilia 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 whalever
against Owner for any work done or labor or mateiials furnished under Ilia Contract for and
about the erection, construction and completion of Ilia Improvements, or under any
contract for extra work, or for work supplemental lheielo, or otherwise.
2. This Agreement waiving ilia right of lion 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 Ilia erection, construction and completion of
the Improvements as to any work or labor done and materials furnished under the
Contract.
3. In I11e event Contractor consists of more than one person, firm or corporation, the
undertakings hereunder or 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 1118 plural, and the neuter shall
be deemed to include Ilia masculine and feminine, as Ilia context may require.
IN WITNESS WI IEREOF, the said parties have hereunto set their hands and seats
dated the day and year first above written.
WITNESSES PRESENT:
0 (4
D.L. MINNICI CONSTRUCTION BY:
` (SEAL)
(SEAL)
ANSON J FLAKE OW ER
L (SEAL)
KATHRYN FLAKE, OWNER
(SEAL)
Policy No. 227967 SCHEDULE "C" 'T'itle No. 14739
LEGAL DESCRIPTION
ALL THAT CERTAIN lot or tract of land slhtnto In Ifampdett'rownship, Cunihorland County,
Coamtnonwealth of Pennaylvania, more particularly bounded acid described as follows, to will
D60INNINO at n point In the eenlctlino of Latnbn pup Rund (1'-602) nt the dividing lino of Innd of
Joltll P, Oaspleh and Anne K. Oasplch, Iris wifo, and the subject premises; thence by line of land
of John P. Onsploh and Anne X. 0113plC11, his Wife, North 73 degrees 14 minutes 12 seconds
teed, 974.11 foot to it pin at s t.30" Onlc Tree; thence by lino of Lot B IA to be conveyed to John P.
Gaepich and Anita K. Gasploh, his wife, North 10 degrees 11 minutes 22 seconds lf;usl, 333.77
feet to a pin; thence by line of Innds now or fonnorly of Ronald C. Sponaler, North 82 degrees 38
mhtutca 41 seconds East, 580.07 feet to a nmtarete tne,grmontl thenea by line of Innd now nr
formerly of Barry E. Wolfe, South 21 degrees 56 rninutan 29 secondn East, 409.02 feet to a con-
urete monument; hence by line of Lando now or formerly or Rohert Stoner. Snuui 66 degrees 10
minutes 30 aeconds Went, 669.2G feet to a alone pile; thence by lino of lands now or formerly or
Larry Mall, South 75 degrees 47 minutes 16 seconds West, 843.65 foot to a pin In the center of
Lambe Gap Road; thence by the caner of Lambe Clap Road, North 03 dogroas 18 arlnuten 3l;
seconds Went, 116.40 feet to n point; thence by same by a rtttve to tto right having a radius of
786 fact and an are length or Ina feet to a point, snid curvo also having a chord beating and dis-
lnnce of North 00 degreoa 30 minutes 03 seconds East, 102.93 feet to n polnl; theme by same,
North 04 degrees 15 mittnles 35 seconds isnst, 41.66 feat to a point at the dividing lino of lands
of John P. Oaspich and Anna K. Uaspteh, ilia wlro and the subject prominent the place of DR.
GINNING.
CONTAINING 1U.001 norea.
BBINO Lot 01 on the Subdtvislun Ptart fur John 0. tlamaldl, Jr„ rcanrded dnnuary 7, 1998 In
Plan Book 76, Page 18.
BEING THE SAME PREMISES which John C Gamaldi,Jr., widower by deed dated February 2,1998 and recorded
February 3,1998 in the Recorder's Office in and for Cumberland County, PA, in Record Book 171, page 733
granted and conveyed unto Anson J Flake and Kathryn K Flake.
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