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HomeMy WebLinkAbout03-5010MARK X. DISANTO and Owner/Borrower TRIPLE CROWN CORPORATION, INC. Contractor J~aM~S E. GP~d~IDON~, JR.: IN THE COURT OF COMMON CUMBERLAND COUNTY, FA. NO. 0~--~[0 M.L.D.Z--~Z~T1 PLEAS WAIVER OF LIENS WHEREAS, by Agreement dated this ?~ '-'day of ,2003, Mark X. DiSanto and Jim Grandon, ("Owner/Borrower") contracted with Triple Crown Corporation, Inc., a Pennsylvania Corporation with principal place of business at 5351 Jaycee Avenue, Harrisburg, PA 17112, ("Contractor"), for work and services relating to the construction and construction supervision of a project upon the real estate described in Exhibit "A' and attached hereto and made a part hereof, and WHEREAS, the project is to consist of the construction ~f ninety seven (07) single family detached homes and associated site work, in Hampden Township, Cumberland County, Pennsylvania. WHEREAS, Lender has agreed to lend and advance certain funds to Owner/Borrower to finance such construction in consideration of, among other things, the execution of this Waiver. NOW THEREFORE, Contractor, INTENDING TO BE LEGALLY BOUND HEREBY, does hereby, for Contractor and for any and all contractor, materialmen, employees and parties acting or claiming for, through or under Contractor, covenant and agree with Owner/Borrower and their Lender that no mechanics' liens or claims shall be filed or maintained against the above-described real estate, or the building or improvements to be erected thereon, for or on account of any work done or materials furnished under said agreement or under any supplemental contract, verbal or written, or contract for extra work in or about the erections, construction and completion of said project, or otherwise; and Contractor, for Contractor and any and all subcontractors, materialmen, employees and parties acting or claiming through or under Contractor, hereby expressly waives and relinquishes the right to have, file or maintain any mechanics' liens or claims against said real estate or building or improvements. 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, supervision and completion of the said project as to any work and labor done and materials furnished under said agreement. In order to give Owner/Borrower and their Lender full power and authority to protect the said real estate and buildings against any and all mechanics' liens or claims, filed by Contractor anyone acting or claiming for, through or under Contractor or in violation of this agreement Contractor, for itself and all such aforesaid contractors, materialmen, employees and parties acting or claiming for, through or under Contractor, hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, or any attorney of any other court or jurisdiction there of elsewhere, to appear in any said courts or jurisdictions for Contractor and mark satisfied of record, all claim or claims, lien or liens filed by or for Contractor or in its or their name against the said real estate, buildings; a copy of this Agreement, and a reference to the court, term and number or place in which this agreement and 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 quitclaim unto Owner/Borrower and their Lender, and their and each of their certain attorney or attorneys, any and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or anywise touching or concerning the same. This agreement and waiver is made and intended to be filed with the Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, or other proper place in which the above described lands are located. It is expressly understood that the foregoing waiver and all of the provisions and remedies herein contained shall be available to and for the protection of Owner/Borrowers Lender, mortgages of said premises, its successor or assigns. 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 the purposes of this agreement and 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. IN WITNESS WHEREOF, Contractor has hereunto signed and sealed this/l}/o':- day °f~ , 2003. WITNESS: OWNER/BORROWER: // WITNESS: CONTRACTOR: · MARK X. DISA~q'TO~O 2 All that certain lot or tract of ground situate in Hampden Township, Cumberland County, PA, more particularly bounded and described as follows, to wit: Beginning at a PK nail on the centerline of Orr's Bridge Road at lands N/F of Paul Gill, DB 5 I, Pg 5t; thence along said centerline S29-04-39E 62.00 feet to a PK nail at lands N/F of Michael J. Eckert, DB 250, Pg 3476; thence along said lands and lands N/F of Michael E. Stoner, DB 27-D-90, S83-27-21 W 520.06 feet to a pin; thence along said lands of Stoner S26-42-29E 459.65 feet to a pin at lands N/F of Verlin and Barbara Curtis, DB 3 I-N- 707; thence along said lands of Curtis S 14-57- 29E 209.00 feet to a pin al: lands N/F of Hampden Township Sewer Authority, DB 29-H-193; thence along said lands of the sewer authority N74-27-29W 363.80 feet to a pin; thence along the same N88-12-29W 157.50 feet to a pin; thence along the same and along lands N/F of Steven J. Sebastian, DB 132, Pg 814, S80-52-47W 405.93 feet to a pin; thence along said lands of Sebastian N08-15- 32W 69.28 feet to a pin; thence along the same S79-29-01W 243.76 feet to a pipe at lands N/F of Manuel McDilda, DB 33-O-213; thence along said lands of McDilda S79-08-42W 199.83 feet to a pipe; thence along the same S08-37-10E 107.86 feet to a pin; thence along the same and along lands N/F of Cory Eiseahower, DB 3 l-B-113, S75-00-55W 263.04 feet to a pin; thence along said lands of Eisenhower S50-27-53W 46.57 feet to a pin; thence along the same N62-07-07W 157.60 feet to a pipe; thence along the s~Lme and along lands N/F of James Orandon, DB 34- T -346, and through Sears Run and through an existing san/tau sewer S33-07-53W 168.00 feet to a point; thence along said lands of Grandon N21-27-29W 571.00 feet to a point; thence along the same and through Sears Run and through said existing sanitary sewer N05-27-29W 610.00 feet to a point; thence along and through the same N14-12-29W 295.14 feet to a point; thence along the Final Subdivision Plan #I 0, Pddgeland, PB 40, Pg 15, and through Sears Run and through said existing sanitary sewer N75-35- 13 E 390.95 feet to a pin; thence along the same N60-35-13 E 139.00 feet to a pin; thence along the same and along the Final Subdivision Plan #9, Ridgeland, PB 23, Pg 59, NSl-12-06E 56{).85 feet to apin; thence along said Final Subdivision Plan #9, N81-05-13E 385.87 feet to a pin at the Final Subdivision Plan #2, Richard J. Greene, PB 32, Pg 14, S10-22-37E 179.18 feet to a concrete monument; thence along said Final Subdivision Plan #2 and along Willcliff Drive N80-15-30E 111.51 feet to a concrete monument at the Preliminary/Final Subdivision Plan for Golfview, PB 55, Pg 49-A; thence along said plan for Golfview S26-42-30E 744.01 feet to a concrete monument; thence along the same N83-27-21E 516.52 feet to a PK nail on the centerline of Orr's Bridge Road, being the place of beginning. Containing 56.84 acres. The description was based upon a survey by Louis J. Harford, P.L.S., dated February 19, 2003. Being the same premises which The Second National Bank of Mechanicsburg, PA, a corporation duly organized and existing under the laws of the United States of America by its deed dated June 26, 1946, and recorded in the office of the Recorder of Deeds in and for Cumberland County, PA, granted and conveyed unto William H. Trayer a.nd Grace P. Trayer, his wife. William H. Trayer died on March 24, 1979, whereby title vested in Grace P. Trayer as surviving Tenant by the Entirety.