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HomeMy WebLinkAbout10-41341t? f t IC -- ?113 ?( of Lb Z:\Worddocs\SITBSTANTIVE\Real Estate\Mechanics Liens\Residential Bldg Less than million Contractor Waiver Liens, 4-26-07, ams.doc RESIDENTIAL BUILDING (LESS THAN ONE MILLION DOLLARS) CONTRACTOR'S WAIVER OF LIENS (49 P.S. 1402) THIS AGREEMENT made and concluded this 15th day of June, 2010, between RAY D. SMITH and LOYCE I. ALEXANDER, husband and wife, of 10226 Cardinal Drive, Orrsto Pennsylvania (the "Owner") and anjo n l„ 14 Bu?". of o-(the "Contractor"). THE BACKGROUND of this Agreement is as follows: A. By a duly executed written agreement (the "Contract") Owner and Contractor have contracted for the erection, construction, alteration or repair of a residential building with a contract price of less than one million dollars (the "Improvement") to be erected on real estate described in Exhibit "A" attached (the "Property"), which has an address of 212 Enola Road, Newburg, PA 17240. B. By the terms of the Contract, Contractor has covenanted, promised and agreed that no mechanics' or materialmen's liens or claims would be filed or maintained in the Property or any part thereof, or the curtilage or curtilages appurtenant thereto, either by himself or any subcontractor, or anyone else for or on account of any work, labor or materials supplied in the performance of the Contract, or under any supplemental contract or for extra work, in the erection, construction or completion of the Improvement on the Property or any of the curtilages appurtenant thereto. NOW THIS AGREEMENT WITNESSETH: C rx. 1. The Contractor, for himself or any subcontractor, and anyone else acting or claiming through or under him, for and in consideration of the Contract and the considerations mentioned therein, and intending cy to be legally bound hereby, does hereby waive and relinquish all right { to file a mechanics' lien, claim or notice of intention to file any lien or claim, and does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the Improvements or the estate or --s title of Owner in the Property or the curtilage or curtilages appurtenant thereto, by or in the name of Contractor or any subcontractor, materialmen or laborers for work done or materials furnished under the Contract or by any other party acting through or under them or any of them for and about the Improvement or the Property or any part thereof, or on credit thereof, and that all subcontractors, materialmen, and laborers on the work shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor ?? ?yS7S" ?7 ,!, 11 Z:\Worddocs\SUBSTANTIVE\Real Estate\Mechanics Liens\Residential Bldg Less than million Contractor Waiver Liens, 4-26-07, ams.doc done, so that there shall not be any legal or lawful claim of any kind whatsoever against Owner for any work done or labor or materials furnished under the Contract for and about the erection, construction and completion of the Improvement, or under any contract for extra work, or for work supplemental thereto, or otherwise. 2. This Agreement waiving the right of lien (as provided for in 49 P.S. §1402) 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 Improvement as to any work and labor done and materials furnished under the Contract. 3. In the event Contractor consists of more than one person, firm or corporation, the undertakings hereunder of each of such persons, firms or corporations shall be joint and several, and the word "Contractor" shall mean all or some or any of them. For purposes of this Agreement, the singular shall be deemed to include the plural, and the neuter shall be deemed to include the masculine and feminine, as the context may require. IN WITNESS WHERE OF the said parties have hereunto set their hands and seals dated the date and year first above written. OWNER: Ray D. S rth .9Loy I. Alexander CONTRACTOR: 4A Re-\J By: -4 Name: J Title: residtr po?I, . LEGAL DESCRIPTION ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County, Pennsylvania, as is more particularly bounded and described as follows: BEGINNING at a point in the centerline of S.R. 997, commonly known as Enola Road, at point where lands now or formerly of Jay S. Hoover and Virginia G. Hoover converge with lands now or formerly of John G. Alexander, Mark J. Watson, et al, and Richard H. Martin; thence by the centerline of S.R. 997 North 60 degrees 56 minutes 14 seconds East, 461.74 feet to a p.k. nail in the centerline of S.R. 977 at point of other lands of Jay Hoover; thence by the other lands of Hoover South 42 degrees 01 minute 20 seconds East, 285.72 feet to a point; thence continuing by other lands of Jay Hoover South 27 degrees 26 minutes 56 seconds East, 260.21 feet to a point; thence continuing along lands of Jay Hoover South 24 degrees 22 minutes 19 seconds East, 680.65 feet to a point; thence continuing by lands of Jay Hoover South 14 degrees 08 minutes 50 seconds West, 639.08 feet to an iron pin at corner of other lands of Jay Hoover and lands now or formerly of Darwin J. Hoover; thence by lands of Darwin Hoover North 28 degrees 17 minutes 30 seconds West, 476.12 feet to a point; thence continuing by lands of Darwin Hoover North 29 degrees 44 minutes 21 seconds East, 1173.00 feet to an iron pin in the right-of-way of S.R. 997; thence by lands of Darwin Hoover, Dale D. Haines and Mark J. Watson, et al, South 64 degrees 34 minutes 34 seconds West, 19.18 feet to a set railroad spike; thence by lands of Watson, et al, North 30 degrees 31 minutes 05 seconds West, 12.57 feet to a p.k. nail set in the centerline of S.R. 997, being the point and place of BEGINNING. CONTAINING a total area of 15.030 acres. DESIGNATED as Lot No. 6 on a subdivision for Jay S. Hoover, dated August 7, 1998, prepared by Steven P. Wolfe, R.S., and recorded in Cumberland County Plan Book 77, Page 105. BEING the same premises which Ray D. Smith and Lia Alexander, husband and wife, by their Deed dated June 15, 2010 and recorded simultaneously herewith, in the Office of the Recorder of Deeds, in and for Cumberland County, granted and conveyed unto Ray D. Smith and Loyce I. Alexander, husband and wife, Mortgagors herein.