HomeMy WebLinkAbout01-6982V~'AIVER OF LIENS
T!I!S AGREE~fFNT made: this ~; da5' of D152EMBER 2i)01, between i~{
L. K~LIAN ~d I~A E. KI~I~NCO~ER") and BRY,~N L. HE'~ BUiLDE~
~'C~(CONTRACTOR"L
THE BACKGROL~ of ibis A.~eemem ~s ac. follows: _z_'
By n~uly cxecutad ~qSitm a~eemem bear(ag even date Fcrcwith (the "Contract")
and Contractor have contracted for th~. e!cct/o~, consBa,ction and ,:ompi:~ion of
TWO S l Ok? 5~N(jLE F~2T D~ ELI_lNG
.B.
descr/bcd in Exhib?~ "A" anacLed (the "Pm,,.,e, ii:.")
By tlnc terms of the Co~tract, .("o~tractcr }'_as coveuanled, promised and a~eed that no
mechm~cs or matctialsm=n's l}~'n ~r claim:4 wnu!d be fi]~ or maintained ~ the Prope~y
any par~ ~hcrcoi~ or the curtilage or cuNi~age~ appurtena~u thereto. :ither by himself or
a;~.yon¢ cise ~ar cr on account of any work. labor O~ materials supplied in fl~e performance
t,f lhc Con~t, or ,'~ndet any suopl~ental completion or ibr extra w~rk, in the erection
consm~ction or completion of the Enpro~'emmt~ on the ProperTy or any of the c~flages
appu~en~t thereIo.
NOW TI4_IS AC-t.U~I-Mk.N i ',NI I NESS.~ FH:
Ibc £ ontractc:, ~br flimsclf and anyone else acting or cla,mi,]g through or under hnn~ for
and m consideration of thc Contract and ~c cor~:deratmn~ mentioned d~ere~n.
intending to b: lc~aF~y bound h~cb~, docs hereby wa{vt ~d relmquisi~ all ngh; to ~
mechamcs l{en~ cla :-2 or ootJcc of intention to fi!c ~y lien or clahn, ~d does hereby
covenant promise m~d a~ce that no mccha~7~cs' lien or claim or od7er lien or claim
kind whaIsoevcr slna]! bc ~lc~ or maintained against the 5npr~wemenls or lhe e~late or
lille e[ Ow~xe~ h~ tiz~~ ~o~,ctty ur lh~ c~uti!ag~ -~ oral,loges appurtcnam tl~r'~l,.~, by o~
the name of Contraclor or ~_y snbcor,tractor, matcfialsmm or laborers for work done or
matefial~ furnished under the Contract er by any off, er pa~y acung throu~ or under
or any of fl~em for ~md about the ~provemenm ar r2c P~opc~ or any pa~ th.:reof, or on
credil thereo[ mhd ~ar all subcontractors, marcr~almen, and laborers on the work shall
look to and hold Contractor pemonaliy liable for all subcontracB~ matefi21s fi~i~hed
work and labor done, se tn:;~ there shail not be any toga! or }aw~i ciaim of~y kind
whatever against Owner for any work done or labor or m4te~als ~m~shed under the
Uontract fbr ~d about !he erection, comtmct~on m~d completion of:he ~provements. or
under ~y controc~ ibr extra work, or tot work ~upplementa[ t~etc, or otb. enviae.
Thi:, A~'e:¢mur!t .,~aiving thc right ~f'lieu ~hall he aa ~pdependenr core,am m~d shMt
operate ~d b~ effect:.x e as well w~th tespest to wink done and materials f.~ished trader
any supplemental conua;t fk,~ :x~ra work in phc erection, con~tmctio~ and completion of
the ~provcments ~ to my work or labor done and materials fttmisl,~d ut~der the
Contract.
~ tl~e event Contrac;or consists of more than one person, firm or corporate, on, the
undert~;ings hereunder of each of such persons, firms or co~_¢adons shall be jo/nl and
severai, and the "Contractor" shah m~_'~.m a[ er some of any of them i~ or purposes of~his
A?.¢mcnt, thc singular shall bc dccmcd to include thc plural, and thc ncu'~er shall
deemed to in¢lud¢ ti~e masculine and f~minJnc, as thc con;cxl may require
1N WITNESS V¢}II[,REOF. tim said pm-ties have hcreunto set their hands and seals
dated the day ahd yea~ ~ ,.I above wrinen.
\VITNESS PRESENvr:
Kei~ L K h an, 0'~ n=~
Linda E. bb.l:mn, Owuer
BD'an L. Hey., Buird¢:
(SEAL)
~.SEAI.)
(SEAL)
SCHEDULE C
LEGAL DESCRIPTION
The land referred to in this Commitment is described as follows:
Title No. 16463
ALt_ that certain piece or parcel of lanct, situate in Southampton Township,
Cumberland County, Pennsylvania, referred to as Lot No. 5, more parltcularty
bounded and described in accordance with Subdivision Plan entitled "Final Land
Subdivision of Crestwood Acres East", prepared by Carl D. BerL Professional Land
Surveyor, which Subdivision Plan has been approved by the appropriate
municipal authorities and is recorded in Cumberland County Plan Book 66, Page
83, as follows:
BEGINNING at a railroad spike set at the common corner of Lots Nos. 5 and 6,
which railroad spike is set in public roacl known and designated as T-314 (Whltmer
Road), which railroad spike is also in line of land now or formerly of Bruce E,
Whitmer; thence along line of land now or formerly of Bruce E. Whitmer, South 15
degrees 52 minutes 30 seconds East 222.00 feet to a railroad spike at common
corner of Lot Nos. 5 and 4; thence along line of Lot No. 4, South 74 degrees 25
minutes 30 seconds West 442.55 feet to a concrete monument at corner of Lot
Nos. 5 and 7; thence along tine of Lot No. 7, Norlh 04 degrees 04 minutes 30
seconds West 226.54 feet to an Iron pin at common corner of Lot Nos. 5 and 6;
thence along line. of Lot NO. 6, Nodh 74 degrees 25 minutes 30 seconds East
396.22 feet to the. railroad spike, the point and place of BEGINNING,
CONTAINING a ldfal area of 2,137 acres, more or less.
BEING THE SAME PREMISES WHICH Richard L Coy, Jr andTammyLCoybydeed dated 11/05/01 and recorded 11/09/01
in the Recorder of Deeds Office in and for Cumberland County in Deed Book 249 page 772 granted and conveyed unto Keith
L Killian and Linda E Killian