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HomeMy WebLinkAbout08-4625 ASSG No. 00083508 ~'(.o. b~- y~~Sm~~ WAIVER OF LIENS o,~,,~ ~rt-S WHEREAS, Gregory S. Bentzel and Marcy J. Bentzel, of Cumberland County, Pennsylvania, entered into a contract with Fred A. Tiday Builders, Inc., of Cumberland County, Pennsylvania, to provide materials and perform labor necessary for completion of a residential dwelling situate upon lot of ground located: Lot #249 Good Hope Farms South, Mechanicsburg, PA 17050, Hampden Township, CUMBERLAND County, PENNSYLVANIA, as more particularly set forth in Exhibit "A" attached hereto. NOW, THEREFORE, it is hereby stipulated and agreed by and between the said parties, as part of the said contract and for the consideration therein set forth, that neither the undersigned contractor, any sub-contractor or material man, nor any other person furnishing labor or materials to the said contractor under this contract shall file a lien for work done or materials furnished to the said building or any part thereof. This stipulation is made and intended to be filed with the County Prothonotary within ten (1) days after date, in accordance with the requirements of the Act of Assembly of Pennsylvania, in such case provided. The General Contractor hereby agrees to waive any defects in the filing and indexing of this Lien Waiver in the Office of the Prothonotary where it is to be filed pursuant to Section 1402 of the Mechanics Lien Law of 1963 and agrees that it will not contest the validity of this Lien Waiver based upon any such defects and hereby agrees to this waiver of defects on behalf of any of the Subcontractors, materialmen or suppliers that may provide any labor or materials under the General Contractors Agreement with the owner and who, but for the same, waiver, would be entitled to assert Mechanics Liens against the owners property under the Mechanics Lien Law of 1963. The General Contractor also hereby agrees to provide actual Notice of the Lien Waiver to all subcontractors, materialmen and suppliers prior to providing any labor or material by them to the project and will further provided for a written acknowledgment by each of these persons of the Lien Waiver prior to providing any labor or materials to the project. IN WITNESS WHEREOF, the said parties hereto have hereunto set their hands and seals this 10th day of July, 2008. Gregory S. B ntzel Marcy J. Be e Fred A. Tid y, Pr ent EXHIBIT "A" parcel or lot of land, together with ALL THAT CERTAIN PIECE, den Township, Cumberland County, improvements, situated in Hamp Pennsylvania, and bounded and described as follows: the western right-of-way line of South BEGINNING at a point along the northeastern corner of Lot Deerfield Avenue, said point being line of South Deerfield #250; thence, along the western right-of-way a radius of 725.00 and an arc a curve to the right having same North 14 degrees 19 Avenue by oint; then along length of 75.33 to a p oint at the minutes 47 seconds West, a distance of 24.88 fe~he tsouthern boundary 13 seconds West, a southeastern corner of Lot #248; thence, along line of Lot #248 South 75 degrees, 40 minutes, oint, at the southwest corner of Lot distance of 110.00 feet to a P of The McNaughton Company #248, then along lands now °23 seconds West by a distance of 19.51 South 63 degrees, 23 mintues, of The oint; then along said lands now or formerly feet to a p South 26 degrees 42 minutes 40 McNaughton Company (future Phase XVII) ~ easement, a distance seconds East and partially through a 40 utility 09.89 feet to a point at the northwest corner °f he cenOterline of 1 line of Lot 250 and along along the northern boundary the aforementioned utility easement, North 69 °deg~ ee~he3place of of O1 seconds East a distance of 110.00 feet to a p BEGINNING. 12,603 arcel or lot of land contains approximately THIS piece, p - Phase XIII, which s uare feet of land, and is known aedFar~eSoduths Lot No. 249 on e q Final Subdivision Plan for Good op Pa e 34. is recorded in Cumberland County in Plan Book 92, g ddb/a/ TWG remises which Thomas W. Gaughen, BEING PART OF the same P b Deed bearing date the 5th day of Real Estate Management Services, Y October, 14994, and recorded in the Office of the Recorder of DPage Pennsylvania, in Record Book 112, in and for Cumber County, ranted and conveyed unto The McNaughton Company, a P 1058, g corporation. PARCEL #10-19-1602-248 ~~ ~' ~~ ~.1 A ~ ~~ ~. \ ._, ~ ~ ~ i_ ~r„ '±`,I d 3 tl r ~ g - ~~ J ! -- Cat {~ ,~„ G, ~a ,-.. v .. ~~