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HomeMy WebLinkAbout08-6412In the Court of Common Pleas of Cumberland County, Pennsylvania Omar King, dba O&R Construction: Contractor vs. No. o~ • 1.41 a ~ l.,D Samuel E. Manley Erica L. Manley, Owner Pb WAIVER OF LIENS THIS AGREEMENT made this ~ day of June, 2008, by and between, Omar King, dba 0 & R Construction, Contractor, and Samuel E. Manley and Erica L. Manley, hereinafter referred to as Owner, whereby the former undertook and agreed to construct a residential building on that certain lot of ground situate in Penn Township, Cumberland County, Pennsylvania, known as 285 Farm Road, Newville, Pa 17241. NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for and in consideration of the sum of One ($1.00) Dollar, in hand paid by the Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid for themselves and their subcontractors, and all parties acting through or under them, covenant and agree that no mechanic's liens or claims shall be filed or maintained by them or any of them against the said buildings and the lot of ground appurtenant thereto for or on account of any work done or materials furnished by them or any of them under said contract or otherwise, for towards, in, or about the erection and construction of the said buildings on the lot above described, and the said Contractor, for themselves, their subcontractors and others under them hereby expressly waive and relinquish the right to have, file, and maintain any mechanic's lien or claims against the said buildings or any of the them, and agree that this instrument, waiving the right of lien, shall be independent covenant. WITNESS his hand and seal this l~ day of 2008. Signed, Sealed and Delivered In the Presence of: ~~ BY: (SEAL) Contractor O'Pfl Q~ FC ` N ~ b A- p ~ ~ Ccr+~ s~n,~~ w~ ~~~~~ EXHIBIT A ALL that certain tract or parcel of ground, together with the improvements thereon erected situate in Penn Township, Cumberland County, Pennsylvania, bounded and described pursuant to the Final Subdivision Plan for Sammy J. Dunn, dated May 15, 2006 as prepared by Eric L. Diffenbaugh, P.L.S., and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 93 page 29 to wit: BEGINNING at an iron pin set from the centerline of Township Road 343 (Farm Road) South 85 degrees 32 minutes 39 seconds West a distance of 559.99 feet and South 89 degrees 07 minutes 31 seconds West a distance of 140.73 feet; thence lands now or formerly of Jeremy J. Lacombe and Gwyndelyn Lacombe South 00 degrees 52 minutes 54 seconds East to an existing iron pin; thence along lines now or formerly of James M. Harkins and Genevieve A. Harkins and lands now or formerly of Steve E. Gauker and Jennifer L. Gauker South 89 degrees 07 minutes 30 seconds West a distance of 200.00 feet to a set concrete monument; thence along lands now or formerly of Sammy L. Dunn North 00 degrees 52 minutes 54 seconds West a distance of 505.14 feet to a set concrete monument at corners common with the private right of way hereinafter described; thence along said private right of way North 89 degrees 07 minutes 31 seconds East a distance of 200.00 feet to an iron pin, being the place of BEGINNING. BEING all of Lot No. 2 of the aforesaid Subdivision Plan. TOGETHER with rights of ingress, egress and regress, together with others in and over a certain 50 foot private right of way as described on the aforesaid Plan as follows: BEGINNING at a point in the centerline of Township road 943 (Farm Road) at corners common with lands now or formerly of Allen Grace and Tara Grace; thence along same South 85 degrees 32 minutes 39 seconds a distance of 559.99 feet to a pint; thence along same South 89 degrees 07 minutes 31 seconds West a distance of 140.73 feet to a set iron pin; thence along the tract hereinbefore described south 89 degrees 07 minutes 31 seconds West a distance of 200.00 feet to a set concrete monument; thence along lands now or formerly of Sammy J. Dunn North 00 degrees 52 minutes 54 seconds West a distance of 50.00 feet to a point; thence along. same North 89 degrees 07 minutes 31 seconds east a distance of 339.40 feet to a point; thence along same North 85 degrees 32 minutes 34 seconds East a distance of 561.21 feet to a point in the centerline of Township Road 343 (Farm Road); thence along same south 01 degree 00 minutes 21 seconds East a distance of 50.09 feet to a point, being the place of BEGINNING. Being that same property that Sammy ). Dunn by his deed dated dune 12, 2008 and intended to be recorded prior to the recording of this mortgage conveyed to Samuel E. Manley and Erica L. Manley, husband and wife, Mortgagors herein ~~~ 8 v ~ N C .,,. `~ ~ D ~ ~ '~ i7 fi ~+ E' , ~ p C"' , ,~~.._.-r.._ ~ ~ CTl 7 .. 3 ._ ..~~t