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Home My WebLink About08-4720- .9. ~ ~- y7a n~ ~~D Z:\Worddocs\SUBSTANTIVE\Rea1 Estate\Mechanics Liens\Itesidential Bldg Less than million Contractor Wain er Liens, 4-26-07, ams.doc RESIDENTIAL BUILDING (LESS TITAN ONE MILLION DOLLARS) CONTRACTOR'S WAIVER OF LIENS (49 P.S. 1402) THIS AGREEMENT made and concluded this 30th day of May, 2008, between KEITH L. WEAVER and WILMA J. WEAVER, husband and wife, of 122 Red Shed Road, Shippensburg, Pennsylvania, (the "Owner") and D&E CONSTRUCTION, of Newburg, Pennsylvania, (the "Contractor"). THE BACKGROUND 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 dollars (the "Improvement") to be erected on real estate described in Exhibit "A" attached (the "Property"), which has an address of 122 Red Shed Road, Shippensburg, Pennsylvania. 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 ,' _ f Z:\Worddocs\SUBSTANTIVE\Iteal Estate\Mechanics Liens\Itesidential 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. OWNER: ~~'' ` v~ 'tixl~ Keith L. Weaver Wilma J. We er CONTRACTOR: D&E CONSTRUCTION Name: Title: D ,..~.~,,~ ,~ ~.- LEGAL DESCRIPTION ALL THAT CERTAIN tract or pazcel of land situate in the Township of North Newton, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a steel rebaz set on the East side of a gravel drive, said rebaz being approximately 234.1 feet North of the intersection of said gravel drive and Red Shed Road (T-305) at a point located approximately 1,747.2 feet northeast of Oakville Road; thence along lands now or formerly of Cumberland Valley Rails to Trails Council, Inc., South 36 degrees OS minutes 50 seconds West, a distance of 1,117.69 feet to a steel rebaz set; thence along the same, South 46 degrees 12 minutes 42 seconds West, a distance of 416.60 feet to a steel rebaz; thence along lands now or formerly of Terry R. and Patricia N. Miller and The United Methodist Church of Oakville, North 32 degrees 13 minutes 14 seconds West, a distance of 699.67 feet to an angle iron; thence along lands now or formerly of Aazon Z. and Bazbaza K. Fox, North 37 degrees 52 minutes 07 seconds East, a distance of 1,079.10 feet to a steel rebaz; thence along the same, North 63 degrees 52 minutes 29 seconds West, a distance of 1,237.50 feet to a steel rebaz; thence along the same, North 63 degrees 53 minutes 16 seconds West, a distance of 336.60 feet to an iron pipe; thence along lands now or formerly of Aaron Z. and Bazbaza K. Fox, Herbert J. and Chazlotte L. Roth, and Titus M. and Lena S. Zimmerman, North 26 degrees 06 minutes 44 seconds East, a distance of 3,118.27 feet to a concrete monument; thence along lands now or formerly of Larry E. Foote, John S. Weakland, James E. Feits, Jr., Bernazd A. Pickney, Wilmer D. Hefflefinger and Jamie D. Hefflefinger, South 45 degrees 31 minutes 53 seconds East, a distance of 2,062.50 feet to a steel rebaz; thence along lands now or formerly of Ida L. Showaker the following three (3) courses: (1) South 58 degrees 26 minutes 25 seconds West, a distance of 739.20 feet to a steel rebaz; (2) South 12 degrees 53 minutes 47 seconds East, a distance of 198.0 feet to a steel rebaz; and (3) South 36 degrees 08 minutes 26 seconds West, a distance of 693.00 feet to a spike set in a gravel drive; thence along lands now or formerly of Jeffrey G. Reasner the following three (3) courses: (1) South 38 degrees 08 minutes 17 seconds West a distance of 400.00 feet to a steel rebaz; (2) South 08 degrees 51 minutes 43 seconds East, a distance of 150.00 feet to a steel rebaz; and (3) North 38 degrees 08 minutes 17 seconds East, a distance of 408.60 feet to a steel rebaz set in a gravel drive; thence along lands now or formerly of Ida L. Showaker, South 11 degrees 21 minutes 34 seconds East, a distance of 1,040.01 feet to a steel rebaz, the place of BEGINNING. CONTAINING 135.644 acres of land subject to an agricultural conservation; easement. BEING the same premises which Ervin M. Horst, Jr. and Etta Mae Horst, husband and wife, by their Deed dated June 7, 2001 and recorded June 27, 2001 in the Office of the Recorder of Deeds, in and for Cumberland County in Deed Book 247, Page 641, granted and conveyed unto Keith L. Weaver and Wilma J. Weaver, husband and wife. ~ cn ~o ~. Q- ! /~~ _~ ~ ~ J _.. Lli ~-~ - ~ ~: ~ - ~ ~~ d ~ ~~