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HomeMy WebLinkAbout04-2459 Waiver of Liens The instrument (sometimes called "Waiver of Liens" or the "Agreement") is executed this ~ day of May, 2004 by Stoltzfus Construction, with its principal offices at 11257 Weaver Road, Orrstown, PA 17244 ("Contractor"), in favor of Susan J. Bulzoni, Gall M. Kline, and Spirit Stables, Inc. (collectively, the "Owners"). WITNESSETH: Contractor is a contractor within the meaning of the Mechanics' Lien Law of 1963. The Owners are the fee owner of that certain premises located at 451 Bernheisel Bridge Road, Carlisle, PA, 17013 together with all improvements thereon (the "Property"), which is mom particularly described in Exhibit A annexed hereto and by this reference incorporated herein. The Contractor and Owners have entered into an agreement (the "Contract") for certain improvements in and about the Property (collectively herein the "Improvements"), which are part of the Property. Contractor has, by this instrument and the premises contained herein, covenanted, promised and agreed that no mechanics' or materialmen's liens shall be filed or maintained against the Improvements, the Property or the estates, rights, titles or interests of the Owners in the Property or any part thereof, or the appurtenances thereto, either by itself or anyone else acting or claiming through or under it for or on account of any work, labor or materials supplied in the performance of the work constituting the Improvements, or under any supplemental contract or for extra work, or in the erection, construction or completion of the Improvements on the Property or any appurtenance thereto. NOW, THEREFORE, in consideration of the Contract, the covenants of Owner therein and herein contained, and intending to be legally bound hereby, the Contractor agrees as follows: [Intentionally Left Blank] Waiver of Liens. Contractor, for itself and anyone else acting or claiming through or under it, does hereby waive and relinquish all right to file a mechanics' or materialmen's lien, or notice of intention to file any lien, and does hereby covenant, promise and agree that no mechanics' lien or other lien of any kind whatsoever shall be filed or maintained against the Improvements, the Property or the estates, rights, titles or interests of the Owners in the Property, or any part thereof, or the appurtenances thereto, by or in the name of Contractor, or any subcontractor, materialman or laborer acting or claiming through or under Contractor for work done or materials furnished in connection with the Improvements or under the Contract or by any other party acting through or under them or any of them for and about the Improvements or the Property or any part thereof. Independent Covenant. 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 and completion of the Improvements to the same extent as any work and labor done and materials furnished in connection with the Improvements or under the Contract. Removal Of Any Lien. If any such mechanic's lien or other lien of any kind whatsoever shall be filed or maintained against the Project or the estate or title of the Owners in the Property, Contractor promptly and at its expense shall cause such lien to be removed or satisfied. Power of Attorney to Satisfy Lien. In order to give the Owners full power and authority to protect themselves, the Improvements, the Property, the estates, rights, titles and interests of the Owners therein, and the appurtenances thereto, against any and all liens filed by Contractor or anyone acting under or through it in violation of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear as attorney for it, them or any of them, in any such Court, and in its or their name or names, to the extent permitted by law, mark satisfied of record at the cost and expense of Contractor or of any subcontractor or materialman, any and all lien or liens, filed in violation of the foregoing covenant, or cause to be filed and served in connection with such lien or liens any pleading or instrument, or any amendment to any pleading or instrument previously filed by it or them, and to incorporate therein, as part of the record, the waiver contained in this instrument, and for such act or acts this instrument shall be good and sufficient warrant and authority. A reference to the court, term and number in which and where this Agreement shall have been filed shall be conclusive evidence of the authority herein contained to warrant such action, and Contractor, for itself and for them, hereby remises, releases and quitclaims all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in filing such pleading, instrument or amendment, or in any way concerning them. Severability. In the event any part of this Waiver of Liens is determined to be illegal or unenforceable, it shall be deemed stricken or reformed and the remainder of this instrument shall be unaffected and remain in full force and effect. Filing With Prothonotary. This instrument is made and intended to be filed with the Prothonotary in accordance with the requirements of Section 1402 of the Mechanics Lien Law of 1963 of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, Contractor has executed this instrument as of the day and year first above written. Contractor: Stoltzfus Construction By: ~'~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: On this, the ~ * day of May, 2004, before me the undersigned officer, personally appeared .2~t:hQ ,~,fiv]~4.~ , and who acknowledged ~e'~f to be the ~)R~i~J~n"P of Stoltzfus Construction, and that as such officer, and being authorized to do so, executed the foregoing instrument for the purposes therein contained and desire(s) the same to be recorded.. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My Commission Expires: ~-/'"/- 0'7 COMMONWEALTH OF PENNSYLVANIA Tami E. Bubb, Nola~y Public East Pennsboro Twp., ~nd County My Comm~o~ F.~ms Se~ 17, 2007 'Member, Pennsylvania AssO(qatlon Of Notaries Exhibit A Description of the Property Address: 451 Bemheisel Bridge Road, Carlisle, PA, 17013 Tax Parcel No.: 21-05-0433-020A Legal Description: ALL THAT CERTA1N tract of land, situate in the Township of Middlesex, County of Cumberland and State of Pennsylvania, bounded and described in accordance with a survey of Gerrit J. Betz, Registered Surveyor, dated August 18,1972, as follows: BEGINNING at a point in the Bemhisel (Mill) Bridge Road at the comer of lands now or formerly of Harry L. Duncan; thence North 32 degrees 14 minutes 33 seconds West, a distance of 655.16 feet to a fence post; thence by the same, South 57 degrees 33 minutes 08 seconds West, a distance of 485.47 feet to a fence post; thence by land now or formerly of B.F. Green, North 26 degrees 21 minutes 27 seconds West, a distance of 540.60 feet to a fence post; thence by lands now or formerly of Shenk and Yohn, North 71 degrees 10 minutes East, a distance of 794.54 feet to an iron pin; thence by other lands of Fred Potteiger, South 43 degrees 02 minutes 56 seconds East, a distance of 968.89 feet to a bolt in the center of the Bemhisel (Mill) Bridge Road; thence along the center line of said road, South 51 degrees 11 minutes West, a distance of 300 feet to a nail in said road; thence along said road, South 52 degrees 30 minutes West, a distance of 227.40 feet to a point, the place of BEGINNING.