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HomeMy WebLinkAbout10-0496v -SIP r,7 T(i i T WAIVER OF AND STIPULATION AGAINST LIENS fi IN?W ALL BY THESE PRESENTS, that: BACKGROUND Mark S. Merrill and Rebecca E. Merrill ("Owner"), and Roland Builders, Inc., ("Contractor"), have entered into a construction agreement dated Ahl"6 a L4oe,25-o900 ,ea (hereinafter the "Contract") relating to the construction and alteration of a budding and other improvements upon the following described real estate, as part of the consideration for which agreement this Waiver of Liens is given: All that certain lot or piece of ground situate in the Township of Hampden, County of Cumberland, Pennsylvania, known as 5002 Pellingham Circle Mechanicsburg, Pennsylvania and more fully described in Exhibit A, attached hereto and made a part of this Waiver. AGREEMENT NOW, THEREFORE, Contractor, intending to be legally bound hereby, in consideration. of the sum of One Dollar ($1.00) to Contractor in hand paid, the receipt and sufficiency of which are hereby acknowledged, as well as for and in consideration of the entry by Owner into the Contract, does hereby, for Contractor and any and all subcontractors, materialmen and parties acting for, through or under Contractor, them or any of them, or anyone, covenant and agree with Owner that no mechanics' liens or claims shall be filed or maintained by Contractor, them or arty of them, or any one, against the above-described real estate, or the buildings or other improvements erected or to be erected thereon, or any of them, or the estate (including a leasehold estate), interest or title thereto of Owner, for or on account of any work done or materials furnished under the Contract or under any supplemental contract, verbal or written, or contract for extra work relating to the aforementioned construction and alteration and completion of said buildings or other improvements, or any of them, or otherwise; and Contractor, for Contractor and any and all subcontractors, materialmen and parties acting through or under Contractor, them or any of them, hereby expressly waives and relinquishes the right to have, file or maintain any mechanics' liens or claims against said real estate or buildings or other improvements or any of them. Contractor hereby covenants, promises and agrees that all subcontractors, material suppliers, and laborers on the work shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatever against Owner, or any other person with an estate (including a leasehold estate) in the above-described property, for any work done or labor or materials furnished under the Contract or otherwise. 4.21. ob ?cL I??s?.ltc? ? ? Sass, loprate and be This agreement waiving the right of lien shall be an ind pendent covenant ranand y supplemental effective as well with respect to work done and materials furnished contract for extra work in the construction and alteration materials furnished under the contragt or other improvements as to any work and labor done and aforesaid. the k h j s b of then and Contractor hereby represents and warrants that prior which no no materials have been furnished with regard to the construction is sube Contract or with regard to any supplemental contract, verbal or written, or contract for extra work in or about the construction and alteration and completion of any buildings or other improvements on the above-described property. In order to give Owner and any person having an estate in the above-described property (including a leasehold estate), full power and authority to protect itself and and themselves, ab and the ibed property, the buildings or other improvements to be co curtilages appurtenant thereto, against any and all liens or claims filed by the Contractor or anyone the Contractor acting under or through it in violation of the foregoing covenant by Contractor, hereby irrevocably authorizes and empowers at ornernit them, or any of themnin any su he Commonwealth of Pennsylvania, to appear as attorney for Court, and in its or their name or names, (a) to the extent permitted by law, to mark satisfied of record at the cost and expense of Contractor or he fany ores bng waiver sand taborer ovenantaor (b) t pcause to any and all claims or liens filed in violation o go be filed and served in connection with such claims or liens (in the name of Contractor or aneadin subcontractor, laborer or material supplier, or anyone else acting under or through it) any pleading y it or , to or instrument, or any amendment to any pleading or rcoinstrument ntained in this instrument, band forts ch act or incorporate therein, as part of the record the waiver acts this instrument shall be good and sufficient of Liens shall ave been filed shall be a sufficient term and number in which and where this exhibit of the authority herein contained to warrant such action, manner of errors, defects andd for them does hereby remise, release and quit-claim al rights and imperfections whatsoever in entering such satisfaction or in filing such pleading, instrument or amendment, or in any way concerning them. This agreement and Waiver of Liens is made and intended to be filed with the Prothonotary of the Court of Common Pleas of the County of Cumberland, Pennsylvania, or other proper place in which the above-described lands are located, within ten days after the date hereof in accordance with the requirements of law in such case provided. 2 IN WITNESS WHEREOF, Contractor has signed and sealed these presents ? ? ? 2010. Roland Builders, Inc. By:?? W. Lee Roland, President Commonwealth of Pennsylvania ) ss. County of C cam 8t ?" 1 a- ^-`{ ) On this, the i.a-&"day of? , 2010, before me, the undersigned officer, personally appeared W. Lee Roland, President, executed the foregoing Waiver of Liens for the purposes therein contained by signing his name as such owner and operator and desired that the same might be recorded as such. IN WITNESS WHEREOF, I hereunder set my hand and Official Seal. Le,c1 Notary Public COMM NW„t t uk NN. NOTARIAL SEAL LINDA SAWYER, Notary Publ? nty Camp Hill BVO, Cumberland C? 2 13 My Commission Expires February My Commission Expires: (? 1'' ALL that certain piece or parcel of land situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, lying along Pellingham Circle and being approximately 250 feet west of the intersection of Good Hope Road and Pellingham Circle, bounded and described as follows, to wit: BEGINNING at the intezsection of the northerly right of way line of Pellingham Circle (50 feet wide) with the line of division between Lot 54 and Lot 55, extending (1) thence North 12° 30' 46" west, 200.00 feet; extending (2) North 75° 49' 10" East, a distance of 162.13 feet; extending (3) thence South 24° 16, 04" East, a distance of 200.00 feet to the northerly right of way line of Pellingham Circle; extending (4) thence along said right of way line by curve to the right, having a radius of 425.00 feet, an arc distance of 87.19 feet, and a chord bearing and distance of South 71° 36' 35" West 87.04 feet; extending (5) thence South 77° 29' 14 West, a distance of 116-23 feet to the POINT of BEGINNING. CONTAINING 36,891 square feet or 0.847 acres. BEING Lot No. 55 as shown on a plan entitled "Final Subdivision Plan for Phase II and III, Wentworth Estates" dated 5/20/04 , last revised 6/17/04, Job Number 1001-846, prepared by LSC Design, Inc., York, PA and recorded in Cumberland County Office of the Recorder of Deeds in Plan Book 90, Page 17.