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Home My WebLink About04-2570WAIVER OF MECHANIC'S LIEN CONTRACTOR: OWNER: LESSEE: PROJECT: PREMISES: Gateway Construction, Inc. 5 Radam Street P.O. Box 247 Summerdale, PA 17093 K J CAPITAL LP 1011 Mumma Road Wormlesyburg, PA 17043 P.S.I. 1011 Mumma Road Wormleysburg, PA 17043 : Office Renovations for : P. S.I. : : 1011 Mununa Road : Wormleysburg, PA : : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. ~)/'1/'~ 2%~QO /~ ~'~ ~ WHEREAS, on 6/2//04, Owner and Contractor referenced Project, which is located on the parcel of hereto (the "Premises"); and WHEREAS, in consideration for the contract, Owner has required Contractor to waive any claim which it has or may acquire, on behalf of itself, its subcontractors, and suppliers, with regard to the Project, NOW THEREFORE, Contractor agrees as follows: 1) Neither Contractor nor any of its subcontractors or suppliers nor any other person furnishing labor or materials to the said Contractor under the agreement entered into between the parties shall file any Mechanic's Lien against the said land, building, improvements or any part thereof (the "Project") or against the Premises on account of the performance of any labor or the furnishing of any materials with regard to the Project. 2) Contractor shall inform all subcontractors and material suppliers with regard to the entered into an agreement for the above- property set fourth on Exhibit "A" attached 3) 4) 5) Project that Contractor has waived any rights which they may have to file a lien against the Project or the Premises. This agreement is an independent covenant, and shall operate and be effective regardless of Owner's performance under the contract. Furthermore, this Agreement shall extend to and be effective with regard to any supplemental contract for extra work to be performed relative to the Project. In order to fu/ly protect the Owner or Lessee as applicable and the Premises against any Mechanic's Lien claim which may be filed by Contractor or its subcontractor or supplier in violation of the covenants contained herein, Contractor, for itself,/ts subcontractor, and suppliers, hereby irrevocably authorize and empowers any attorney of any court of record in and for the Commonwealth of Pennsylvania to appear for it, them, and any of them in any of the Courts of Common Pleas of the Commonwealth of Pennsylvania as Attorney for it, them or any of them and, in the name of any claimant who files a lien against the Project or the Premises, mark "Satisfied" any such lien at the cost and expense of the Contractor and of any such Mechanic's Lien claimant. For such action, this instrument or a true and correct copy hereof shall be sufficient warrant. This warrant of attorney shall not be exhausted by any single exercise, but may be re- exercised from time-to-time at any time that a Mechanic's Lien has been filed against the Project or the Premises. By furnishing labor or materials with respect to the Project, each subcontractor and material suppler of Contractor is expressly agreeing to the terms of this instrument an authorizing the exercise of this warrant of attorney against it. Any legal fees, court costs, or other expenses incurred by Owner or Lessee as applicable with regard to a Mechanic's Lien filed by Contractor or any of its subcontractors or suppliers, shall be payable by Contractor to Owner or Lessee as applicable upon demand. IN WITNESS WHEREOF, Contractor, intending to be legally bound hereby, has caused this instrument to be duly signed this 2nd day of June, 2004. Agent For The Owner: Contractor: Name: ,~,~_) Title: Gateway~ Perry L. Smi~, President \\Sbs2k3\Users\DofiWord\Waivers~Cumbedand Co,PSI.doc JI .... ]L.]?, .:U~,IBERLL~;D COUNTY-PA '02 5 fl¢l 10 31 TAX PARCEL # DEED THIS DEED is made this ~ day of ~' ~/cJl · 2002, by and between: AHM ASSOCIATES, a Pennsylvania general partnership with its principal office at P.O. Box 168, Lemoyne, PennsyJvania, hereinafter referred to as GRANTOR; - and - KJ CAPITAL, LP, a Pennsylvania limited partnership, with its principal office at 150 Allendale Road, Suite 1150, King of Prussia, PA, 19406, hereinafter referred to as GRANTEE. WlTNESSETH, that in consideration of One Million Nine Hundred Thirty-Five Thousand ($1,935,000.00) Dollars, in hand paid by GRANTEE to GRANTOR, the receipt whereof is hereby acknowledged, the GRANTOR does hereby grant, bargain, and convey to the said GRANTEE, grantee's heirs and assigns: ALL THOSE CERTAIN tracts of land situate in the Borough of Wormleysburg, County of Cumberland, and State of Pennsylvania, being more particularly bounded and described as follows, to wit: TRACT NO. 1: BEGINNING at a point on the southern line of Route No. 770 on the western line of Lot #7-B on the hereinafter mentioned plan of lots; thence along said Lot #7-B, South 33 degrees 26 minutes 39 seconds East 224.25 feet to a point on the northern line of Lot #95, Pennsboro Manor; thence along the northern line of said Lot #95 by a curve to the left having a radius of 405 feet, an arc distance of 81.42 feet to a point; thence along the eastern line of Lot #6, North 60 degrees 30 minutes West 130 feet to a point; thence still along Lot #6, North 48 degrees 35 minutes 54 seconds West 131.99 feet to a point on the southern line of Route #770; thence along said Route by a curve to the right having a radius of 3759.83 feet, an arc distance of 169.71 feet to a point, the place of BEGINNING. BEING Lot 7-a on the Preliminary and Final Subdivision Plan of Lots known as Pennsboro Center, said plan being recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Plan Book 29, at Page 49. TRACT NO. 2: BEGINNING at a point on the southern line of Route #770 at the northwestern corner of Lot #7-C on the hereinafter mentioned plan of lots; thence along said Lot #7-C, South 33 degrees 26 minutes 39 seconds East 214.57 feet to a point; thence along the southern line of Lots Nos. 93 and 95, Pennsboro Manor, by a curve to the left having a radius of 405 feet, an arc distance of 151.37 feet to a point; thence along the eastern line of Lot #?-A, North 33 degrees 26 minutes 39 seconds West 224.25 feet to a point on the southern line of Route #770; thence along said Route #770 by a curve to the right having a radius of 3759.83 feet, an arc distance of 150 feet to a point, the place of BEGINNING. BEING Lot #7-B on the Preliminary and Final Subdivision Plan as aforesaid. UNDER AND SUBJECT to all rights, restrictions, easements and rights*of-way of prior record. TOGETHER with the right of ingress, egress, and regress in a generally northeast-southwest direction in and upon a 20-foot wide private drive known as Uumma Road which leads from the premises herein, and premises to the east of these premises, to Erford Road. BEING the same premises which Robert M. Mumma, II, by his deed dated 8 June 1982 and recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Deed Book W, Volume 29, at Page 36, granted and conveyed unto AHM Associates, a Pennsylvania general partnership, the Grantor herein. It is also the same premises described in a corrective deed dated 20 January 1984 and recorded in the said Recorder's Office in Deed Book O, Volume 30, at Page 1169. AND said GRANTOR does specially WARRANT AND FOREVER DEFEND the property hereby conveyed, IN WITNESS WHEREOF, the said GRANTOR, by the execution of this deed by Samuel L. Andes, Partner, and Carlton E. Hughes, Partner, they constituting two of the three partners of the partnership, and acting in accordance with an order entered on 20 September 2000 by the Court of Common Pleas of Cumberland County, to an action between the partnership, as Plaintiffs, and the third partner, as Defendant, end filed to No. 98-3420 Equity before that Court, has set its hand and seal the day and year first above-written, AHM ASSOCIATES, a Pennsylvania General Partnership, by: oamUO k. Anr~es,"r'l~rtner Carlton E. Hughes, (SEAL) (SEAL) I hereby certify that the precise address of the grantee he.rein Attorney COMMONWEALTH OF PENNSYLVANIA { SS,: COUNTY OF ~ ~'¥" ' '~" ) On this, the ct~'~ day of ~'-~'~.~.~-~, 2002, before me, a Notary Public, the undersigned officer, personally appeared Samuel L. Andes and Carlton E. Hughes,~ known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that said persons executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SBAL JODY GOLOP, IN$, No~Y Pu~tic Ha~risl~rO, DaJ~iD Cm~nty, PA C~'N~i~ Expires Nov. 03, 2C~35 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS,: RECORDED in the Office for Recording of Deeds in and for Cumberland County in Deed Book ~, Volume ,, at Page _ , WITNESS my hand and seal of Office this __ day of Anno Domini 2002. Recorder I Certify this to be 1. ¢-.m%e~lancl, . .. County P/. ~ Recod~ of Deeds ~o~ 250