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Home My WebLink About07-3240 Z:\Worddocs\SUBSTANTNE\Iteal Estate\Mechanics Liens\Residential Bldg Less than million Contractor Waiver Liens, 4-26-07, ams.doc RESIDENTIAL BUILDING N 8 . D 7' 3 ~ `~~ M ~D (LESS THAN ONE MILLION DOLLARS) CONTRACTOR'S WAIVER OF LIENS (49 P.S. 1402) ~t THIS AGREEMENT made and concluded this Z~_~day of May, 2007, between FRANK S. ALBINSON and LINDA K. ALBTNSON, husband and wife, of 102 Willis Road, Newville, PA 17241, (the "Owner") and BASEHORE CONSTRUCTION, of 505 Springfield Road, Shippensburg, PA 17257, (the "Contractor"). THE BACKGROITND of this Agreement is as follows: A. By a duly executed written agreement (the "Contract") Owner and Contractor have contracted for the erection, construction, alteration or repair of a residential building with a contract price of less than one million dollazs (the "Improvement") to be erected on real estate described in Exhibit "A" attached (the "Property"), which has an address of 155 Roxbury Road, Newville, PA 17241. B. By the terms of the Contract, Contractor has covenanted, promised and agreed that no mechanics' or materialmen's liens or claims would be filed or maintained in the Property or any part thereof, or the cartilage or cartilages appurtenant thereto, either by himself or any subcontractor, 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 or completion of the Improvement on the Property or any of the cartilages appurtenant thereto. NOW THIS AGREEMENT WITNESSETH: 1. The Contractor, for himself or any subcontractor, 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 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 cartilage or cartilages appurtenant thereto, by or in the name of 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 Improvement 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 subcontracts, materials furnished and work and labor r ~ ~ ~ Z:1Worddocs\SUBSTANTIVE\Real EstatelRMechanics LienslResidential Bldg Less than million Contractor Waiver Liens, 4-26-07, ams.doc done, so that there shall not be any legal or lawful claim of any kind whatsoever against Owner for any work done or labor or materials furnished under the Contract for and about the erection, construction and completion of the Improvement, or under any contract for extra work, or for work supplemental thereto, or otherwise. 2. This Agreement waiving the right of lien (as provided for in 49 P.S. § 1402) 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 and completion of the Improvement as to any work and 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 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 WHERE OF the said parties have hereunto set their hands and seals dated the date and year first above written. ~ ~-- Fr S. Albinson Linda K. Albinson ' CONTRACTOR: BASEHORE CONSTRUCTION By: ~ Fred S. Basehore ~'O W r ~ C rv °cs -_., 'rFc:z ~r '~ ~ rr: i 1 '~ ~-C ~ ~ 1 ° .,,. ~ .~` 'y i'~; ~ ~ c Q ~~ Q U~ ~ ~ .~: ~ N ---r r ~ ~ P 1~ ~yM~. _ \^ ~_ lv\A\' C~ ~ CC V C ti ~^ EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Lower Mifflin Township of Newville, County of Cumberland and State of Pennsylvania, designated as Lot 1 as shown on Subdivision Plan entitled "Final Subdivision Plan for Beth E. Hall and Angelique Davis", prepared by Eric L. Diffenbaugh, Professional Land Surveyor, dated December 20, 2006, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 93, Page 126, and is bounded and described as follows: BEGINNING at an existing railroad spike in the centerline of SR-0997 (Roxbury Road); thence along the centerline of SR-0997, South 23 degrees 21 minutes 34 seconds West, 345.19 feet to an existing railroad spike; thence along lands now or formerly of Julie M. Haubert, North 58 degrees 11 minutes 02 seconds West, 267.70 feet to an existing iron pipe; thence along lands now or formerly of Julie M. Haubert and lands now or formerly of Julie M. and Rodney J. Haubert, South 23 degrees 22 minutes 51 seconds West, 250.25 feet to an existing iron pipe; thence along a common boundary line of Lot 2, North 58 degrees 12 minutes 12 seconds West, 2264.37 feet to a set iron pin; thence along lands now or formerly of Cecchine Auto Restoration North 17 degrees 22 minutes 32 seconds East, 1131.95 feet to a point in the centerline of an unnamed stream; thence along the centerline of an unnamed stream and along line of lands now or formerly of William J. and June L. Koons, the following twelve courses and distances: [1] North 84 degrees 03 minutes 43 seconds East, 21.71 feet; [2] South 00 degrees 56 minutes 34 seconds East, 11.18 feet; [3] South 30 degrees 41 minutes 10 seconds East, 23.86 feet; (4] North 84 degrees 10 minutes 16 seconds East, 66.15 feet; [5] South 83 degrees 40 minutes 11 seconds East, 81.33 feet; [6] South 86 degrees 12 minutes 59 seconds East, 101.41 feet; [7] South 51 degrees 34 minutes 49 seconds East, 51.09 feet; [8] North 76 degrees 26 minutes 53 seconds East, 68.88 feet; [9] South 36 degrees 12 minutes 19 seconds East, 215.53 feet; [10] South 80 degrees 32 minutes 51 seconds East, 81.12 feet; [11] South 09 degrees 06 minutes 56 seconds East, 64.14 feet; [12] South 72 degrees 17 minutes 45 seconds East, 133.98 feet; thence along lands now or formerly of Bryan D. and Claudia A. Moxley, South 21 degrees 04 minutes 56 seconds West, 407.11 feet to an existing iron pin; thence continuing by the same, South 59 degrees 59 minutes 18 seconds East, 938.81 feet to an existing iron pin; thence continuing by the same, South 02 degrees 46 minutes 24 seconds West, 54.48 feet to an existing iron pin; thence continuing by the same, South 58 degrees 09 minutes 58 seconds East, 110.37 feet to an existing iron pin; thence along lands now or formerly of Lincoln T. and Amy C. Skvarka, South 31 degrees 48 minutes 05 seconds West, 181.96 feet to an existing iron pin; thence continuing by the same, South 58 degrees 11 minutes 35 seconds East, 770.17 feet to an existing railroad spike in the centerline of SR-0997, the place of BEGINNING. CONTAINING 49.2805 acres. ~ xl~~ b;~ to he a+-~a~,PcL ~ #~.~a7 -3a ~ ~ ~}~~a;nscrn. ~- sel~arc, }~-~ c~~cvc: ~~1~ c~~ { J . e ~~ ,I l~e ~u11,' -~' a~~,~s; iJ ~C, C'7r~5.~,s~~