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HomeMy WebLinkAbout08-36461386494WS Prepared By First American Title Insurance Company ~. b F~ 3G y~ M z~ 2010 Ridgecrest Grcle PLEASE RECnRC ~,~. ~€TURCv ~1t' Montoursville, PA 17754 Rr>~tAmetican TrtF ~~+surancE C~mpa :: (570)321-5461 472 Ca- tomia Road Return To First American Title Insurance Company 2010 Ridgecrest Circle Montoursville, PA 17754 (570)321-5461 Tax Parcel ID: 01-21-0269-253 Qtl~certorm, PA 18951 Waiver of Liens KNOW ALL BY THESE PRESENTS, that: Heidi Lynn Faerber, ("Owner"), ark ussQr Incorporated ("Contractor"), have entered into a construction agreement dated 'L ("Contract") relating to the erection and construction of a building and other improvements upon the following described real estate, as part of the consideration for which agreement this Waiver of Liens is given: All that certain lot of piece of ground situate in the Township of Camp Hill, County of Cumberland and Commonwealth of Pennsylvania, known as 1515 Walnut St. Camp Hill, PA and more fully described in Exhibit A, attached hereto and made a part of this Waiver. 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 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 buildings 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 fumished under the Contract or under any supplemental contrail, verbal or written, or contract for extra work relating to the erection and construction and completion of said buildings or other improvements, or any of them, or otherwise; and 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 buildings or other improvements or any of them. Contractor hereby covenants, promises and agrees that all subcontractors, material suppliers, and laborers on the work shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor down, 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 lien shall be an independent covenant and shall operate and be effective as well with respect to work done and materials fumished under any supplemental contract for extra work in the erection and construction and completion of the said buildings or other improvements as to any work and labor done and materials furnished under the contract aforesaid. Page 1 of 3 Contractor hereby represents and warrants that prior to the date hereof no work has been done and no materials have been furnished with regard to the construdton 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 erection and construction and completion of any buildings or other improvements on the above-described properly. In order to give Owner and any person having an estate in the above-described properly (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 and constructed thereon, and the curalages 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 foregoing waiver and covenant, or (b) to cause to be filed and served in connection with such daims or liens (in the name of 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 reoord the waiver contained in the instrument, and for such act or acts this instrument shall be good and sufficient warrant and authority, and reference to the court, term and number in which and where this Waiver of Liens shall have been files shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor for itself and or 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. This agreement and Waiver of Liens is made and intended to be filed with the Prothonotary of the Court of Common Pleas of the County of Cumberland, Commonwealth of Pennsylvania, or other proper place in which the above-described lands are located, within ten 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 ~ay of May, 2008. Attest: (Corporate Seal) I Name• s ncorporated By: ..~~ a,, ~~s ~~~r~ l~ - nr1~S Ser fir ~.S~de nk Page 2 of 3 r Commonwealth of Pennsylvania } } ss. County of \/~ / ~ } n this 2 ~ day of May, 2008, before me, the undersigned Icer, personally appeared, ~~F~J, who acknowledged himself/h~ePSelfto be the ~~ ~.~ ~ T of Musser Incorporated, a Pennsylvania wrporation, and that he/mss such ~~~b~~! being authorized to do so, executed the foregoing Waiver of Liens for he purposes therein wr-tained by signing the name of the corporation by himself/#~er~elf~as such ~ieES iD L~U T and desired that the same might be recorded as such. hand and Official Seal. COMMONWEALTH OF PENNSYLVANIA Nntariel Seel Janet S. Gore, Notary Prbfic Dipsbug Born. York County My Comn>~Siori Expires Oct. 25.2010 Member, Pennsylvania AssoCiatlon of Notarise Page 3 of 3 Order No: 1386494WS (1515 Walnut Street - Faerber) DCHIBIT 'A' ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE, LYING AND BEING IN THE BOROUGH OF CAMP HILL IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERN BOUNDARY LINE OF WALNUT STREET, SAID POINT BEING 180 FEET MEASURED WESTWARDLY ALONG THE SOUTHERN BOUNDARY LINE OF WALNUT STREET FROM THE SOUTHWESTERN CORNER OF WALNUT STREET AND HARRIS STREET; THENCE IN A SOUTHERLY DIRECTION AT RIGHT ANGLES WITH WALNUT STREET ALONG LANDS NOW OR FORMERLY OF JOSEPH MENCER 150 FEET TO THE NORTHERN BOUNDARY LINE OF ORCHARD ALLEY; THENCE IN A WESTERLY DIRECTION ALONG TILE NORTHERN BOUNDARY LINE OF ORCHARD ALLEY 50 FEET TO A POINT; THENCE IN A NORTHERLY DIRECTION ALONG A LINE AT RIGHT ANGLES WITH WALNUT STREET 150 FEET TO A POINT ON THE SOUTHERN BOUNDARY LINE OF WALNUT STREET; THENCE IN AN EASTERLY DIRECTION ALONG THE SOUTHERN BOUNDARY LINE OF WALNUT STREET 50 FEET TO A POINT, THE PLACE OF BEGINNING. PARCEL NUMBER: 01-21-0269-253 BEING THE SAME PREMISES WHICH HEIDI L. AMEN, NOW KNOWN AS HEIDI LYNN FAERBER, SINGLE INDIVIDUAL, BY INDENTURE DATED 07-25-03 AND RECORDED 08-01-03 IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR THE COUNTY OF CUMBERLAND IN DEED BOOK 258 PAGE 2250, GRANTED AND CONVEYED UNTO HEIDI LYNN FAERBER, SINGLE INDIVIDUAL. ~ C7 C.. 0 ~ ~ ' ri,,., ~- ~ g m r_i., ~ r17 ~ L ~~:, s e q ~ : ~~+. _ 1 ~wi -\ ~} `V U V W 1 QrW