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Home My WebLink About01-2749-~,~ c~ ui OZ:49p ,- ~ p.3 WAIVFR OF LIV-N$ THIS AGREEI~EN, T made Ibis ~ da_y. o,. _?/~-/Y_ ~' ~? . ~r/'~ ~. ~/.~ ~ ("Owner"). and I'HE UACKGROUND ol [his Ag~eeme~d is as [oll~s: A. By a duly execuled wrillen affi'eemeld ~aling eve~ dale herewiUi (Ihe "Cunlracl") Owner mM Conh'aclor have ~n[racled lot Ihe erecli~3, consh'uclion and complelion I~ be ered~d ~'r~ eslale described in Exhibil "A" al[ad~ed (Ihe "Properly"). B. By I1~ lerms o[ the ConEa~, Conlraclor has ~venanled, promised and agreed [hat x no ~a]i~' m mateHala]~en's lien ~ claims ~uld be liled or m~nlained in Ihe Property or a~ ~ libraS, ~ the ~rlilage or ~Hilages appurlenan( Ihere[o, eilher by himsel[ or anym3e else lot ~ on ac~.]l o[ any ~rk, labor ur maleHals supplied in Ihe per[orman~ ol Ihe C~tbact. or under any s[~plemenlal ~mpleli~) or I~' exh'a work, in [13e erection, ~truclion or complelion o[ the Im~ovemenls on Ihe Pro. fly or any ol Ihe appuHenanl Iherelo. NOW THIS AGREEMENT WI'I'NESSE'I'I I: 1. '1'1~ C~b'aclor, [~-hJmsell al~d mtyuim else ~li~g ol claiu~ng th~o~h or ulcer him. ~or and in c~sideraliort o[ the Conh'acl arid Ihe consideralions menlio~]ed Iherein. and .tendJhg [o be ~gally bou.d hereby, dues hm~y waive al~d mlillquish all lighl lu lile a me~anics' lien, ~aim or nolice o[ inlenlion Io file any lien or claim, a~ does hereby ~m~d, p~nise and agree Ihal r~ medlanics' lien or claim or olher lie~ ~' claim o[ any ki~ ~alsoever shall ~ fil~ ~ mainlained againsl Ihe Imlxov~nls ~ Ihe eslale or title of O~er i~ the Propmly or Ihe curtilage or cuHilages appuHe~mld Ihere[o, by ~ in the name of Conlracl~ or any subc~h'aclor, malerials~n or la.rets for work done or mat~ls I~nisl~ under Ihe Con{r~ ~' by any other party acli~g Ihrough m ~]der Ihem or ~y o[ thmn [~ a~ eboul I1~ Improvemenls or Ihe Pro.fly ol' any pml Iher~[, or on ~it I~r~f, a~ Ihal all su~drad~s, malerialmen, and la~ers on Ihe ~rk shall look lo a~ hold Con~r ~r~nal~ liable for all s~conlracls, malerials fumisl~d and work and labor done, so Ihal Ihere shall ~ol be any legal or I~lul claim of any kind whatever agains[ ~r I~ any ~lk (~r~ or lab~' or maleHals ful.islted under Ihe Conlracl [o[ a~id a~ut Ihe mecli~, conslruct~] and ~mpleti~ ol Ihe Improvemenls, or ulcer any ~nlracl for extra ~rk, or for work supplemenlal [he~elu, or olhe~wise. Ap~ ~? O! 0~45p po4 2. This Agreement waiving Ihe right or lien shall be an independe.~t covm~ant and shall ~oera[a and be effeclive as well wilh respecl lo work done and malerials lurnished under any supplemental contracl for extra work it~ the ereclion, construction and completion of lhe Improvemenls as [o any work or labor done and malerials [urnislled u~der II~e Contract. 3. In Ihe event Conlractor coneists of more than one person, firm or corporalion, the undedakings hereunder of each of such persons, {irms or corporalions shall be joinl and several, and lhe word "Contraclor" shall mean all or some or a~y o[ Ihem. For purposes o1' this Agreemenl, tile singluar shall be deemed to include the pk~ral, and the i~uter shall be deemed to include lite rnasculine and [eminine, as Ihe co, flexi may i'equire. IN WITNESS WHEREOF, tile said parties have hereunto sel their hands and seals deled the day and year lirst above writlen. _~...~~L) WITNESSES PRESEN'I': (SEAl.) ~'-0,9''~/ .(SEAL) LEGAL DESCRIPTION LOT lA- LOT ADD ON ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County and State of Pennsylvania, bounded and described in accordance with a ~ee~..t_a.in Subdivision Pl~an for R!ch .ard R. Madison, Jr by Larry V. Neidlinger, ~tere~a,~surveyor ana recoraed in Cumberland County Plan Book page ~.~- as follows: BEGINNING at a point at the Southeast comer of lands now or late of Victor J. Madison North 25 degrees East a distance of 50 feet to a point; thence along lands now or late of Richard R. Madison, Jr. South 65 degrees East a distance of 209.58 feet to a point a comer of lands now or late of Victor J. Madison South 72 degrees 47 minutes 30 seconds West a distance of 74.42 feet to a point a comer of lands now or late of Jerry Den Daas; thence along said lands North 65 degrees West a distance of 154.45 feet to a point the place of BEGINNING. BEING PART OF THE SAME PREMISES which Victor J. Madison and Shirley A. Madison by deed dated July 20, 1978 and recorded July 20, 1978 in the Recorder of Deeds Office in and for Cumberland County in Deed Book X, Volume 27. Page 907 granted and conveyed unto Richard R. Madison Jr. and Vera A. Madison, husband and wife, their heirs and assigns. ALSO BEING PART OF THE SAME PREMISES which Victor J. Madison and Shirley A. Madison by deed dated September 26, 1972 and recorded September 26, 1972 in the Recorder of Deeds Office in and for Cumberland County, Pa in Deed Book V, Volume 24, page 279 granted and conveyed unto Richard R. Madison Jr. and Vera A. Madison, husband and wife, their heirs and assigns. LEGAL DESCRIPTION Lot No. 7 ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland .County and State of Pennsylvania being known as Lot No 7 bounded and described m accordance with a certain Subdivision Plan for Victor j. and Shirley A. Madison by Larry V. Neidlinger, Registered Surveyor and recorded in Cumberland County Plan Book__ ~ , Page _ 35' as follows: BEGIINING at a point in the center line of the Pennsylvania (SR 0034), thence by the center of said Highway North 25 degrees Highway Route 34 East a distance of 214 feet to a point in said Highway; thence South 65 degrees East a distance of 205.55 feet to a point at lands now or late of Richard J. Madison, Jr.; thence along said lands 8outh 25 degrees West a distance of 164.00 feet to a point; thence continuing South 65 degrees East a distance of 209.58 feet to a point; thence continuing North 72 degrees 47 minutes 30 seconds East 278.51 feet to a point; thence North 1 degrees 21 minutes 58 seconds West a distance of 251.43 feet to a point at lands now or late of Sandra L. Abbey; thence along said lands North 83 degrees 17 minutes East a distance of 297.58 feet to a point; thence continuing North 71 degrees 19 minutes East a distance of 133 feet to a point at a corner of lands now or late of Victor J. Madision; thence continuing along said lands South 1 degrees 29 minutes 50 seconds West a distance of 695.69 feet to a point at a corner of wet/and area; thence along wetland area South 80 degrees West a distance of 380 feet to a point; thence North 76 degrees 19 minutes 42 seconds West a distance of 184.65 feet to a point; thence South 5 degrees 30 minutes East a distance of 60 feet to a point at lands now or late of Victor j. Madison; thence along said lands South 84 degrees 30 minutes West a distance of 344 feet to a point; thence continuing North 62 degrees 33 minutes 28 seconds West a distance of 60.27 feet to a point a corner of lands now or late of David E. Dick; thence along said lands North 38 degrees 19 minutes 27 seconds East a distance of 173.36 feet to a point; thence continuing North 25 degrees East a distance of 240 feet to a point a corner of lands now or late of Jerry Den Daas; thence along said lands North 65 degrees West 360 feet to a point the place of BEGINNING. CONTAINING 11.3420 Acres BEING PART OF THE SAME PREMISES which Clyde E. Brenner and Pearl T. Brenner, his wife, by deed dated January 27, 1965 and recorded in the Recorder of Deeds Office in and for Cumberland County, Pa in Deed Book M, Volume 21, page 219 granted and conveyed untoVictor j. Madison and Shirley A. Madison, husband and wife, their heirs and assigns.