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Home My WebLink About08-2018STIPULATION AGAINST AND WAIVER OF LIENS KNOW ALL BY THESE PRESENTS THAT: b8 -01018 I~t~D NEW CUMBERLAND FEDERAL CREDIT UNION (hereinafter referred to as "Owner"), a federal chartered non- profit corporation with its principal place of business at 345 Lewisberry Road, New Cumberland, PA 17070 and KDA FINANCIAL, INC., A KDA HOLDINGS, INC. COMPANY (hereinafter referred to as "Contractor"), a Professional Corporation with its principal place of business at 350 Franklin Road, Marietta, Georgia 30067- 7734, have entered into an Agreement (herein referred to as the "Contract") dated M q 1i a Zo0(p relating to the interior design, erection, equipment, furnishing and instal ation of a branch office and other improvements upon the following described real estate, as part of the consideration for which this Waiver of Liens is given. ALL THAT CERTAIN Lot 2 as shown on a plan known as "Final Subdivision Plan i ~ s ~ ~" Team Rahal of Silver Spring Lots 1 A & Lot 2", recorded in Plan Book J Page _, Dated ~ 0 0 g o q 3 9 ~ ~orrc ~, ~-'1 , 2008, prepared by Evans Engineers, Inc., Dated S ~ ,.~,~ 13 , 2008, 200 -7 situated in the Township of Silver Springs, County of Cumberland, Commonwealth of Pennsylvania, being, more fully bounded and described as to wit: BEGINNING at a concrete monument on the northern right-of--way line of Carlisle Pike (S.R. 0011) at the dividing line between New Lot No. 2 and New Lot No. 1-A as shown on the subdivision plan of lots hereinafter mentioned; thence along said dividing line between New Lot No. 2 and New Lot No. 1-A, the following two (2) courses and distances (a) North 22 degrees 11 minutes 45 seconds West, a distance of 303 feet to an iron pin; and (b) North 67 degrees 48 minutes 15 seconds East, a distance of 164.45 feet to an iron pin at lands now or formerly of Henlor Associates; thence along said latter land and lands now or formerly of Ui Ung Lee and Inhan Kim, South 25 degrees 8 minutes East, a distance of 303.40 feet to an iron pin on the northern right-of--way line of Carlisle Pike (S.R. 0011); thence along said right-of--way line of Carlisle Pike (S.R. 0011), South 67 degrees 48 minutes 15 seconds West, a distance of 180 feet to a concrete monument on the same at the dividing line between New Lot No. 2 and New Lot No. 1-A as shown on the subdivision plan of lots hereinafter mentioned, the place of BEGINNING. BEING New Lot No. 2 as shown on the "Final Subdivision Plan of Team Rahal of Silver Spring, Lot 1 A and 2", dated September 13, 2007 (last revised on February 29, 2008) and recorded on March a+1_, 2008 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book ,Page . "t,~i~-r,,~,,M.t1l-E- N~,..w1~~ ~ 00 $ 0 9 3 9 a BEING a portion of that larger premises which Team Rahal, Inc., by its Corrective Deed dated December 28, 2007, and recorded on January 10, 2008, in the Recorder's Office aforesaid as Instrument Number 200800999, granted and conveyed unto Team Rahal of Mechanicsburg, Inc., the Grantor herein. CONTAINS: 52,185Sq. Ft./ 1.198 Acres `~ AGREEMENT NOW, THEREFORE, Contractor, intending to be legally bound hereby, in consideration of the sum of One Dollar ($ 1.00) to Contractor in hand paid, the receipt and sufficiency of which are hereby acknowledged, as well as for and in consideration of the entry by Owner into the Contract, does hereby, for Contractor and any and all subcontractors, materialmen and parties acting for, through or under the Contractor, them or any of them, or anyone, covenant and agree with Owner that no mechanics' liens or claims shall be filed or maintained by Contractor, them or any of them, or any one, against the above described real estate, or the building or other improvements erected or to be erected thereon, or any of them, or the estate (including a leasehold estate), interest or title thereto of Owner, for or on account of any work done or materials furnished under the Contract or under any supplemental contract, verbal or written, or contract for extra work related to the interior design, erection, equipment, furnishing and installation of a branch office and other improvements and completion of said buildings or other improvements or any of them, or otherwise; and Contractor, for Contractor and any and all subcontractors, materialmen and parties acting through or under Contractor, them or any of them, hereby expressly waives and relinquishes the right to have, file or maintain any mechanics' liens or claims against said real estate or building or other improvements of any of them. Contractor hereby covenants, promises and agrees that all subcontractors, material suppliers, and laborers on the work shall look to an 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, or any other person with an estate (including a leasehold estate) in the above described property, for any work done or labor or materials furnished under the Contract or otherwise. This agreement waiving the right of the 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 interior design, erection, equipment, furnishing and installation of a branch office and other improvements and completion of the said buildings or other improvements as to any work and labor done and materials furnished under the contract aforesaid. Contractor hereby represents and warrants that all subcontractors have been paid in full up through today's date or that prior to the date hereof no work has been done and no materials have been furnished with regard to the construction which is the subject of the Contract or with regard to any supplemental contract, verbal or written, or contract for extra work in or about the interior design, erection, equipment, furnishing and installation of a branch office and other improvements and completion of any buildings or other improvement on the above described property. In order to give Owner and any person having an estate in the above described property (including a leasehold estate), full power and authority to protect itself and themselves, the above described property, the buildings or other improvements to be erected thereon, and the cartilages appurtenant thereto, against any and all liens or claims filed by the Contractor or anyone acting under or through it in violation of the foregoing covenant by Contractor, 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 it, them, or any of them, in any such Court, and in its or their name or names, (a) to the extent permitted by law, to mark satisfied of record at the cost and expense of Contractor or of any subcontractor, laborer or material supplier, any and all claims or liens filed in violation of the forgoing waiver and covenant, or (b) to cause to be filed and served in connection with such claims or liens (in the name of the Contractor or any subcontractor, laborer or material supplier, or anyone else acting under or through it) any pleading or instrument, or any amendment to any pleading or instrument previously filed by it 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 warrant and authority, and a reference to the Court, term and number in which and where this Waiver of Liens shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor for itself and for them does hereby remise, release and quitclaim all rights and all manners of errors, defects and imperfections whatsoever in entering such satisfaction or in filing such pleading, instrument or amendment, or in any way concerning them. This Agreement and Waiver of Liens is made and intended to be filed with the Prothonotary of the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, or other proper place in which the above described lands are located, within ten (10) days after the date hereof in accordance with the requirements of law in such case provided. IN WITNESS WHEREOF; Contractor has signed and sealed these presents this a'14 day of M, pNZ. C H- , 2008. ATTEST: BY: ^---~' ~ (signature for corporate officer) Tine (~n-Gr ~ p ~ n~T D E N N; , uf. ca.~ T ~ ~ ,=r 6f for KDA Financial, Inc., a KDA Holdings, Inc. Company SECRETARY: BY: ~~ S"' _ (signature for secretary) /i ,L , f - ~S~i~ S for KDA Financial, Inc., a KDA Holdings, Inc. Company (AFFIX CORPORATE SEAL) STATE OF ~P_Dy~ I OL I~ SS COUNTY OF ~b~J On this, the 2.~~ day of ~ a-Y ~- , 2008, before me, the undersigned officer, erso~lly appeared ~v~ v1 ~ S \!~/ ~C~`~t y~ ~g and 1,-~~-'~ ~1 S who acknowledged themselves to be the ~r~s~ ds~r,.-~- and b Se.Grc,-{- cz~ (insert corporate office held) respectfully of KDA FINAN(;'TAT,, INC., A KD O INGS, INC. COMPANY and that they, as such ~2~nYiisV~! and ~ ~ (,~, ~ c~•~ -'~~ ,being authorized to do so, executed this Stipulation Against and Waiver of Liens toYthe purposes therein contained by signing the name of the co oration by themselves as such ~rQs~ ~-+~ and ~~x'lL~, (insert corporate office held) and desired that the same might be recorded as such. IN WITNESS WHEREOF, I hereunt set my hand and Official Seal. BY: Notary Public N04ry Public. Cherokee Countyr ~Y Commission Expires duly 13, 2008 (AFFIX NOTARIAL SEAL) ~ '~' ~ ~* Ri 0 1 O W ~ a D m ".' _} ~, ~. :--~ -- ... ` - ~` ~: - ., . ; : ..__. _ '.'r.,~ .f-i ~.. R~ ~~ } ..~ F