HomeMy WebLinkAbout04-2217PATTON ARTWORKS PROPERTIES, :
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V,
IL fi. MOWERY & SONS, INC.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNT~,
PENNSYLVANIA
CML ACTION - LAW
WAIVER OF LIENS
WHEREAS, by Agreement dated May 12, 2004 , PATRON ARTWORKS
PROPERTIES, a Pennsylvania general partnership ("Owner/Borrower"), contracted with
1L S. MOWERY & SONS, INC. ("Contractor") for work and services relating to the
construction and construction supervision of a project upon the real estate described on
Exhibit "A" attached hereto and made a part hereof; and
WHEREAS, the project is to consist of the construction of a commercial project on
property in Hampden Township, Cumberland County, Pennsylvania, described on Exhibit
"A" attached hereto, more fully detailed in the construction contract described above; and
WHEREAS, Waypoint Bank has agreed to lend and advance One Million Three
Hundred Thousand Dollars ($1,3oo,ooo.oo) to Owner/Borrower to finance such
construction in consideration of, among other things, the execution of this Waiver.
NOW, THEREFORE, Contractor, INTENDING TO BE LEGALLY BOUND HEREBY,
and before any authority has been given to the said Contractor by Owner/Borrower or any
other person to commence any work on the said Project or to purchase materials therefor,
does hereby, for Contractor and for any and all subcontractors, materialmen, employees
and part/es acting or claiming for, through or under Contractor, covenant and agree with
Owner/Borrower and Waypoint Bank that no mechanics' liens or claims shall be filed or
maintained against the above-described real estate, or the building or improvements to be
erected thereon, for or on account of any work done or materials furnished under said
agreement or under any supplemental contract, verbal or written, or contract for extra work
in or about the erection, construction and completion of said project, or otherwise; and
Contractor, for Contractor and any and all subcontractors, materialmen, employees and
parties acting or claiming through or under Contractor, hereby expressly waives and
relinquishes the right to have, file or maintain any mechanics' liens or claims against said
real estate or buildings or improvements.
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 furnished under
any supplemental contract for extra work in the erection, construction, supervision and
completion of the said project as to any work and labor done and materials furnished under
said agreement.
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In order to give Owner/Borrower and Waypoint Bank full power and authority to
protect the said real estate and buildings or any of them against any and all mechanics' liens
or claims filed by Contractor or anyone acting or claiming for, through or under Contractor
or in violation of this agreement, Contractor, for itself and all such aforesaid subcontractors,
materiaimen, employees and parties acting or claiming for, through or under Contractor,
hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of
the Commonwealth of Pennsylvania, or any attorney of any other court or jurisdiction there
or elsewhere, to appear in any said courts or jurisdictions for Contractor and mark satisfied
of record, at the cost and expense of Contractor, or any such subcontractor, materialman,
employee or party, any and all claim or claims, lien or liens filed by or for Contractor or in
its or their name against the said real estate, buildings; a copy of this Agreement, and a
reference to the court, term and number or place in which this agreement and waiver shall
have been filed shall be sufficient exhibit of the authority herein contained to warrant such
action; and Contractor, for itself and all such part/es, does hereby remise, release and
quitclaim unto Owner/Borrower and Waypoint Bank, and their and each of their certain
attorney or attorneys, any and all manner of errors, defects and imperfections whatsoever in
entering such satisfaction or anywise touching or concerning the same.
This agreement and waiver is made and intended to be filed with the Prothonotary of
the Court of Common Pleas of Cumberland County, Pennsylvania, or other proper place in
which the above-described lands are located.
It is expressly understood that the foregoing waiver and all of the provisions and
remedies herein contained shall be available to and for the protection of Waypoint Bank,
mortgagee of said premises, its successors or assigns.
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 the purposes
of this agreement and waiver, 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 WHEREOF, Contractor has hereunto signed and sealed these presents
this 12th dayof May ,2004.
OWNER/BORROWER:
PATRON ARTWORKS PROPERTIES
3
~ /) ~ CONTRACTOR:
AqWESq~.' - W~/ ~./. u/ ,~ R.S. MOWERY & SONS, INC.
~2s~z~. Corp. Sec.
By 3~'~cD G.~Rosendale,~xecutive Vice President
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MRV.11,~ !:15PM CLTIC HRRRISBURG ~,~ b,~xb
' ATTACHED TO A_ND ?ORMING A PART OF TITLE INSURANCE CO594ITMENT
Orc~er .Ns.: D4279~PCP
SCMEDULE C
DESCRIPTION and RECITAL
ALL that certain lc~ or piece of ground situate in ~ampden Township,
Cumberland County, Pennsylvania, more particularly bounded and described
as follows:
BEGINNING at an iron pipe marking the intersection of the southerly line
of PA Legislative Route 34 (US Route 11 and a/k/a Carlisle Pike) with the
westerly line of Gustin Drive; thence along said westerly line cf Gustin
Drive south 2~ degrees, 35 minutes, 00 seconds west, 168.76 feet to an
iron pipe; thence along the same south 1~ degrees, 07 minutes, 19 seconds
west, 90.13 feet to an iron pipe; thence along lands of Raymond E.
Gottshall North 7-S degrees, 49 minutes, 03 seconds west, 170.00 feet to
an iron pin; thence along lands of Walter A. Lake, Jr. (of which this was
formerly a part) North 1i degrees, 55 minutes, 22 seconds east, 90.02
feet ko an iron pipe; thence along the same north 25 degrees, 35 minu~es
00 seconds east 202.24 feet to an iron Dips; thence along said southerly
line cf PA LR 34 (and 50 feet from the center thereof) south 64 degrees,
41 minutes, 09 seconds east, S4.95 f~et to an iron pin; thence along the
same south ~4 degree~, 46 minutes 28 seconds eas~, 11~.05 feet =o the
place of beginning.
Containing 45,992 square feet (1.07~ acres) more or less.
BEING the same premises which was conveyed to the Grantor by Deed dated
May 22, 1981, and recorded in ~he Office for Recording of Deeds in and
for the County of Cumberland, in Deed Book K ~9, page ~26.
PA 3 PAGE 5