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HomeMy WebLinkAbout01-6565w?ss No. 00001719 WAIVER OF LIENS WHEREAS, ~ D. Chenger and Patricia A. Chenger, of Dauphin County, Pennsylvania, entered into a contract with IZ_C~ully, Inc. trading and doing business as_C~&C Construction, of Perry County, Pennsylvania, to provide materials and perform labor necessary for completion of a residential dwelling situate upon lot of ground located: 220 Lot 5 Old Stone House Road, Carlisle, PA 17013, Middlesex 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 (10) 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 provide 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 16th day of November, 2001. WITNESS: John D. (~dnger Sean Cull~resident EXHIBIT "A" 'ALL THAT CERTAIN tract of undeveloped real estate situate in Middlesex Township, Cumberland County, Pennsylvania, more fully bounded and described as follows, to wit: BEGINNING at a point in the centerline of Old Stone House Road (L.R. 21028), which point is at the dividing line between the instant tract and Lot No. 4 formerly of Carolyn R. Glace; thence along a line North of the centerline of Old Stone House Road (L.R. 21028) South fifty-five (55) degrees zero (00) minutes (00) seconds East a distance of three hundred thirty and zero one hundredths (330.00) feet to a point along the boundary line between the instant tract and Lot No. 6 formerly of Carolyn R. Glace; thence along said boundary line South thirty-five (35) degrees zero (00) seconds West a distance of six hundred seventy-four and forty-three (674.43) feet to a point along the boundary line between the instant tract of Lot No. 7 formerly of Carolyn R. Glace; thence North fifty-five (55) degrees six (06) minutes zero (00) seconds West a distance of three hundred thirty and zero one hundredths (330.00) feet to a point at the intersection of the instant tract, Lot No. 4, Lot No. 7 and Lot No. 8, all formerly of Carolyn R. Glace; thence along said boundary line between the instant tract of Lot No. 4 formerly of Carolyn R. Glace North thirty-five (35) degrees zero (00) minutes zero (0) seconds East a distance of six hundred seventy five and zero one hundredths (675.00) feet to a point, the Place of BEGINNING. BEING the same premises which A. Frank Spadea and Patricia P. Spadea, husband and wife by Deed dated the 4th day of August, 2000, and recorded at Cumberland County in the Office of the Recorder of Deeds, in and for the County of Cumberland, on the 8th day of August, 2000, in Record Book 226, Page 1012, granted and conveyed unto Patricia Collom-Chenger, married woman. UNDER AND SUBJECT TO restrictions and conditions as now appear of record. UPI NO. 21-08-0573-069