HomeMy WebLinkAbout11-3157' I I - 3157 M l.D
AIVER OF LIENS
WAIVER OF LIENS
Three copies of a Waiver of N
a Notary Public and taken to t
to be filed before the start of t
240-6250. NOTE: ORIGIN
COPIES. THE COUNTRY
WITH PHOTOCOPIED /F
Courthouse County Clerk's O
the contract.
The County Clerk's Office will
shanics' Lien are attached. They are to be signed before
Cumberland County Courthouse County Clerk's Office
work. 1 Courthouse Square, Carlisle, PA 17013, 717-
: SIGNATURES MUST APPEAR ON ALL THREE
LERH'S OFFICE WILL NOT ACCEPT WAIVERS
CED SIGNATURES. Filing the Waiver at eh
ce is the Contractor's responsibility under the terms of
all copies and retain one copy for their records.
One of the remaining copies is be retained by the Contractor with the final copy to be
submitted to the Mall Management Office.
1. Affiant holds the W.
of Peltier
"Contractor" for PR
of Liens of behalf of
2. This Waiver of Liens is
their agents (individual]
Owner and Owner's len
sometimes called `Bent
Waiver of Liens.
On or about the date of 1
labor and / or other servi
and / or for the alteratiot
portion of certain real pt
"A" annexed hereto and
Capital City Mall, 3501
(herein sometimes caller
4. Contractor has not enter
connection with the Pret
subcontractor or materia
services or materials by,
any lien, right or claim a
Owner's interest therein
assertion of any lien, rig
or any portion thereof in
Lien Law of the State of
could be perfected or cre
services, supplies macho
connection with the Prer
covenant and.shall also (
or other services done ar
arrangement for extra wt
work to or for any buildi
portion thereof.
of Owner
oc_i ate s , LLC , (herein called
of convenience) and is authorized to give this Waiver
entity.
iven to Capital City Mall, and the partners therein, and
and collectively herein the "Owner"), for the benefit of
xs and their respective title companies (herein
ciaries"), with the understanding that they rely of this
its Waiver of Liens, Contractor has contracted for certain
.es, supplies, machinery, fixtures and / or other material
improvement and / or other work in connection with ax
>perty (the" Premises") more fully described in Exhib r"
incorporated herein by reference, being known as Zr'
Capital City Mall Drive, Camp Hill, PA 17011 ?D
the "Shopping Center").
d into any other contract, written or oral, with Owner 5 c
uses. Contractor agrees that neither it nor any
man doing and /or furnishing work, labor and / or other
through or under Contractor shall file any lien or assert
;ainst the Premises or any portion thereof including
and, further Contractor hereby waives any liens or
t or claim which it has or may have against the premises
luding Owner's interest therein under the Mechanic's
New Jersey, or at common law which may arise or which
ited by reason of any and all work, labor and / or other
ery, fixtures and / or other materials furnished in
ises. This Waiver of Liens shall be independent
aerate and be effective with respect to work, labor and 1
i materials furnished under any supplemental contract or
s m
acs -urn
NCD-i 0
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rn
GO t''
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rk in the erection, construction, completion, or other *dl.oo PD 001-T.
buildings or improvements of the Premises or any CASH
P,#aS(p 4ofo
w
OF LIENS (continued)
5. Prior to permitting any s bcontractor or material men to perform services or
furnish material or do any other work, Contractor will obtain and deliver to
Owner an executed Waiver of Liens, from each subcontractor and material men
the form annexed hereto as Exhibit "B" and incorporated herein by reference.
b. Contractor agrees to def nd, hold harmless and otherwise indemnify each Owner,
its lenders and their resp ctive title companies from any and all claims, actions,
demands, cost and exper es whatsoever including premiums on bonds and
reasonable attorney's fees at trail, on appeal and otherwise arising out of or
relating to any breach o this Waiver of Liens.
7. This waiver of Liens sh 1 be binding upon Contractor, its heirs, successors an
assigns thereof, and shal inure to the benefit of each Owner, each of the other
Beneficiaries and their r pective successors, heirs and assigns and grantees.
8. For the purpose of effec
Liens shall be deemed a
Paragraph 3 hereof
the Waiver of Liens contained herein, such Waiver of
of the Contractor's contract as described in
9. In the event of any lien,
irrevocably waives any
lien.
10. In the event of any lien,
or the representatives of
discharge the lien by apI
completely reimbursed a
and losses resulting fron
attorney's fees, surety be
in attempting to discharg
resulting from such lien,
11. Contractor hereby warn
shall be conclusively pr
have been done and not
or in connection with w
Contractor.
INA(1
ite this Waiver of Liens, contractor hereby
to a jury trial in any action to strike or discharge the
espite this Waiver of Liens, any one of the beneficiaries
my one of the Beneficiaries shall have the right to
-opriate legal proceedings and shall have the right to be
id otherwise indemnified by Contractor against expenses
such lien. Such expenses and losses shall include any
id premiums and security bond, and other costs incurred
or remove such lien and any damages or their losses
ill of which contractor agrees to pay.
and represents that at the time of execution hereof, it
ned that no work, labor or other services of any kind
serials or supplies of any kind have been furnished for
in and for on the Premised by, through or under the
the undersigned has hereto set its hand and seal as of
2L 2-6 11
CONTRACTOR:
If Contractor is a
(CORPORATE SEAL)
If Contractor is an jndividual
Partnership
Signed, Sealed & Delivered
In the Presence of:
BY:
Title:
Attest: PK?T1&,-J y?-SSU LC L
By
WAIVER 4F LIENS (continued)
?R-.% UL
STATE OF [INSERT STATE]
SS.
COUNTY OF ` u-v4k 6A Lt4y-k
BE IT REMEMBERED THAT on the 22 day of ,
personally appeared before me Le /aut
?.
Who is
of Miler ASSer,Ar?C.. LI-Z and
Acknowledged that he execute and / or is authorized the annexed Waiver of Lines and
desire(s) the same to be recorde .
Sworn n ?p and subscribed before
24 1 1 .
me this 22 -- day of k &A OM NwEAI.OF nvAN A
NOTARIAL SEAL
THOMAS E. FLOWER, Public
C? ,Cumberland
OCWW 26, 14
NOTARY PUBLIC
My Commission Expires: