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HomeMy WebLinkAbout09-6959 ASSG No. 00093786 0 - 69? Jnz_'? WAIVER OF LIENS WHEREAS, Kevin A. Roy, of Cumberland County, PA, entered into a contract with Donco Construction Inc., of Dauphin County, PA, to provide materials and perform labor necessary for completion of a residential dwelling situate upon lot of ground located: 1352 Kiner Boulevard, Carlisle, PA 17015, Monroe 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 28th day of September, 2009. r IV EXHIBIT "A" ALL THAT CERTAIN tract of land situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center of Kiner Boulevard, said point being the Southeastern corner of Land now or formerly of Robert Z. Starry and Laura F. Starry; thence by said Starry land, North eleven (11) degrees seventeen (17) minutes seventeen (17) seconds West three hundred twenty-eight and twenty-one hundredths (328.21) feet to an iron pin; thence by lands now or formerly of Leland J. Ocamb and Elaine G. Ocamb, his wife, North sixty-five (65) degrees forty (40) minutes East ninety-six and twenty-seven hundredths (96.27) feet to a point; thence by the dividing line between Lots Nos. 1 and 2 on the hereinafter mentioned Plan of Lots, South twelve (12) degrees nineteen (19) minutes twenty-three (23) seconds East three hundred twelve degrees and six hundredths (312.06) (erroneously stated as three hundred forty two and six hundredths (342.06) in prior deed) feet to an iron pin in the center of Kiner Boulevard aforesaid; thence by the center of said Boulevard; South seventy-two (72) degrees thirty-eight (38) minutes forty (40) seconds West sixty-eight (68) feet to an iron pin; thence continuing by the center of said Boulevard, South seventy-seven (77) degrees fifty-five (55) minutes forty (40) seconds West thirty-two (32) feet to the place of BEGINNING. BEING Lot No. 1 of the Subdivision Plan of Lots of Robert Z. Starry and Laura F. Starry, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 23, Page 142. BEING THE SAME PREMISES which Glenn Ocamb, single man, by Deed bearing date the 7th day of December, 2007, and recorded on the 17th day of December, 2007 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Instrument No. 200746436, granted and conveyed unto Kevin A. Roy, single man. UNDER AND SUBJECT TO restrictions and conditions as now appear of record. TAX MAP 22-24-0771-004 HLED- THE ; 4 ?l?ARY 2009 OCT 14 Cl?? ref Y a/oa f. ? d?