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WAIVER OF RIGHT TO FILE MECHANICS' Ll6i THt Frn ` -'C'.'''CTAwgY
BENCHMARK CONSTRUCTION CO., INC.
Contractor (Defendant)
and
1010 JAN -8 AIM 11: 10
MechAW- `
No. ?a - asS ?t Gb
FULTON FINANCIAL CORPORATION
Owner (Plaintiff)
Page
KNOWN BY ALL THESE PRESENT, that a written Agreement has been entered into or is about to be
entered into between BENCHMARK CONSTRUCTION COMPANY, INC., a Corporation, with a principal place of
business at 4121 Oregon Pike, Brownstown, PA 17508 ("Contractor"),
AND
FULTON FINANCIAL CORPORATION, a Corporation, with a principal place of business at One Penn Square,
Lancaster PA 17601 ("Owner') relating to the construction (or renovation or demolition) of a building and related
improvements thereto, to be known as: FULTON BANK, TRINDLE ROAD BRANCH, CAMP HILL, PA ("Project"),
upon the real estate described below ("Property"):
All that certain tract of land, with the improvements thereon erected, situate on the 3344 Trindle Road,
Camp Hill, PA 17011 and as further described in Exhibit A.
NOW, THEREFORE, intending to be legally bound hereby, at the time of and immediately before the
execution of the Agreement, for and in consideration of the making of the Agreement with the Owner, as well as the
further consideration of One Dollar ($1.00), and having posted a bond (the "Payment Bond") guaranteeing payment
for labor and materials provided in connection with the Project pursuant to the Pennsylvania Mechanics Lien Law of
1963, as revised by Act 57 effective January 1, 2007 (the "Mechanics Lien Law"), Contractor does hereby waive
and relinquish, on behalf of each and every party permitted to waive its rights under the Mechanics Lien Law upon
the posting of the Payment Bond (including, but not limited to the subcontractors, sub-subcontractors, materialmen,
suppliers, or laborers) (collectively, the "Waiving Parties"), all rights to file a mechanics' lien claim or notice of
intention to file any such lien or claim, and does hereby covenant, promise and agree that no mechanics' lien
claims or other lien or claim of any kind whatsoever shall be filed or maintained by such Waiving Parties against the
Owner, the Project or the Property, or any part thereof, or the cartilage or the cartilages appurtenant thereto, by or
in the name of any Waiving Party for work done or materials furnished under said Agreement or by any other party
acting throughout under them or any of them for and about said Project, or any part thereof, or on credit thereof,
and that all Waiving Parties of said Project shall look to and hold Contractor liable for all subcontracts, sub-
subcontracts, materials furnished and work and labor done, so that there shall not be any legal or lawful claim of
g*-* a 35 553
any kind whatsoever against Owner, the Project or the Property for any work done or labor or materials furnished
under said Agreement for the Owner, the Project or the Property or under any contract for extra work or for work
supplemental thereto, or otherwise.
This waiver is a separate and independent covenant and shall be operative and effective with respect to labor done
and materials furnished under any supplemental contract or contracts for extra or different work, whether written or
oral, as well as labor done and materials furnished under such Agreement between the Contractor and the Owner.
In order to give Owner full power and authority to protect itself, and the Project improvements and the Owner's
Property against any and all claims filed by any of the Waiving Parties or anyone acting under or through said
parties in violation of the foregoing covenant, Contractor, for itself, its successors and assigns, and all such
persons, hereby irrevocably authorizes and empowers any attorney or any Court of Common Pleas of the
Commonwealth of Pennsylvania to appear for Owner in any such Court as Attorney for it or them, and in its name,
to the extent permitted by law, mark satisfied of record, at the cost and expense of the Contractor or of any Waiving
Party or in its or their names, any and all mechanics' liens or claims or other liens or claims of any kind whatsoever
filed or maintained against the Project improvements or the Owner's Property or any parts thereof or the cartilage
appurtenant thereto, and for such act or acts this shall be good and sufficient warrant and authority and a reference
to the Court and to the Docket in which and where this instrument shall have been filed shall be a sufficient exhibit
of the authority therein contained to warrant such action, and the Contractor, for itself and all Waiving Parties, does
hereby release all errors and defects whatsoever in the entry of any such satisfaction or the exercise of the
authority hereby conferred.
This Waiver of Liens shall be filed in the Office of the Prothonotary of Cumberland County, Pennsylvania.
IN WITNESS WHEREOF, Contractor with intent to be legally bound, has hereunto signed and sealed these
presents this 7th day of January, 2010.
Benchmark Construction Company Inc
(Contra r)
By:
Name: Christopher S. Smith
Title: Vice President of Construction
Commonwealth of Pennsylvania:
County of Lancaster
SS:
On this, the 7th day of January' 2010, before me, the undersigned officer, personally appeared Christopher
S. Smith, known to me (or satisfactorily proven) to be the person whose name is subscribed as Vice President of
Construction of Benchmark Construction Company Inc. and that he as such officer being authorized to do so,
executed the within instrument for the purposes therein contained by signing the name of the said entity by himself
as such officer.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission expires: April 19. 2011
Teresa Y. Mey ry Public
"OWN sw
C h?? iMC Nowyrdft
.
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
PARCEL:
B. Michael A. Serluco
Deed Book 279, Page 658
Tract No. 1
Pin #01-21-0273-401
Plan Book 1, Page 14
29S.34 th Street
C. Michael A. Serluco
Deed Book 279, Page 658
Tract No. 2
Pin #01-21-0273-401
Plan Book 1, Page 14
D. Michael A. Serluco
Deed Book 278, Page 2177
Pin #01-21-0273-402
Plan Book 1, Page 14
3344 Trindle Road
E. Michael A. Serluco
Deed Book 279, Page 725
Pin #01-21-0273-409
Plan Book 1, Page 14
3335 Green Street
F. Michael A. Serluco
Deed Book 279, Page 729
Pin #01-21-0273-401
Plan Book 1, Page 14
3324 Trindle Road