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HomeMy WebLinkAbout11-4850PENNSYLVANIA Foi nm K3 J 0, /Al L-D waiwr of Liens r V of P?er?nsylvania 48 PA. CONS. $TAT. § 1402 r?rm CONTRACTOR'S WAIVER OF LIENS TO BE INDEXED AGAINST: (Contractor) AS PLAINTIFF FOR INDEX PURPOSES C ° 3 ? . s' -0m ? Sbc n-1 C? p C ° u a f? (o,?„ner) d,r ? ?-- 4 C:) 5?, C-, ?t AS DEFENDANT FOR INDEX PURPOSES AND 0 --- -(Tenant) AS DEFENDANT FOR INDEX PURPOSES AND ?ilt2cr? Contractor) AS PLAINTIFF FOR INDEX PURPOSES V. (Owner) AS DEFENDANT FOR INDEX PURPOSES AND (Tenant) AS DEFENDANT FOR INDEX PURPOSES [NOTE: COMPLETING THIS PAGE WILL FACILITATE INDEXING BY PROTHONOTARY] GLM Rsv2_SsptG4 w ck- ???-'ice 3??y 4-2'- 3.6d 33F PENNSYLVANIA Form K3 Waiver of Uelft of Prn wylvania Continued - Page 2 49 PA. CONS. STAT. f 1402 WHEREAS, Lew%o r ("Owner') has entered into a certain construction agreement described on Exhibit "A" hereto (the "Contract") with "Contractor"), to provide materials and perform labor necessary for the construction of cer in i rovements (the "Improvements") as described on Exhibit "A" here- to on the property identified on Exhibit "A" hereto and further described on Exhibit "B" hereto (the "Property"); and WHEREAS, as a condition of the Contract, Contractor has agreed to execute a waiver of mechanics' liens. NOW, THEREFORE, Contractor, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, agrees with Owner and all subsequent owners of the Property as follows: Contractor, for itself and anyone else acting through or under Contractor, represents, warrants, covenants and agrees that no mechanics', materialmens' or other liens or notice of intention to file any lien has been or shall be filed or maintained by Contractor or anyone else acting through or under Contractor, against the Improvements or the Property for or on account of any work done or materials furnished under the Contract and/or by or through Contractor. Contractor for itself and anyone else acting or claiming through or under Contractor, hereby irrevocably and forever waives and relinquishes any and all rights to file a mechanics', materialmens' or other lien or notice of intention to file such lien. This waiver is and shall be construed as a separate and independent covenant and shall be operative and effective with respect to any and all work done and materials subsequently furnished under any supplemental contract or contracts for extra, different or subsequent work and/or materials, although the covenant might not be referred to therein, and to work and labor to be done or materials to be furnished under the Contract. Contractor, any subcontractor and any other person who shall have filed any such claim or lien shall indemnify, defend and hold Owner free and harmless against the claim or lien, and against all direct, indirect and consequential damages, claims, costs, expenses and other losses resulting in any way from the filing of any claim or lien, and shall pay or cause to be paid to Owner the amount of its loss, with interest and all expenses incident to their having dis- charged or attempting to have discharged the claim or lien, including attorneys' fees, costs and other disbursements. Contractor hereby represents and warrants that no work of any kind or nature has yet been done on the Property, under the Contract or otherwise, and no materials whatsoever have as yet been furnished to the Property by anyone under, toward or in connection with the execution or performance of the Contract and that no such work shall be done and no such materials shall be furnished until receipt of notice from Owner authorizing the same. The provisions of this Waiver of Liens are severable. Any provision of this Waiver of Liens which shall be invalid, void or illegal shall in no way affect, impair or invalidate any other provision hereof, and the remaining provisions shall nev- ertheless remain in full force and effect. GLM Rev2_Sept04 PENNSYLVANIA Form K3 Waiver of Liars immeweem of Pal n-MVhrainia Continued - Page 3 49 PA. CONS. $TAT. § 1402 Contractor, intending to be legally bound hereby, has executed this Waiver of Liens this _?l day of 2Q.". CONTRACTOR By: _ Name:. C?a?.! Title: Address: 30 C C.11 O' I'7 Z (2 Z COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF Fj-'Zk)KwJ On this, the 04 day ofCT_ 20-!L- before mg, a Notary Public for the Commonwealth of Pennsylvania, the undersign officer, rsonally appeared ? who acknowledged himself/herself to be the AZA j4- of 2 and that he(she) as such Officer, eing authorized to do so, executed the regoing instrument for the purposes therein contained, by signing the name of the corporation by himself/herself as such. IN WITNESS WHEREOF, I hereunto set my hand and official seal. A/bp 6L P Notary Public (Notarial Seal) My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Debra A. Parson, Notary Public ! Chambersburg 5oro, Franklin County My Commission Expire: Ncv. 21, 2012 GLM Rev2 Sept04 ALL THAT CERTAIN lot or piece of ground situate in Hopewell Township, County of Cumberland, Commonwealth of Pennsylvania and being Lot No. 7 on Final Subdivision Plan for Laura E. Stouffer, said plan being recorded in the Office of Recorder of Deeds of Cumberland County, Pennsylvania as Instrument Number 2008-38718, and more fully bounded and described as follows: BEGINNING at a set railroad spike in Township Route 381 (Peebles Road), at corner of lands now or formerly of Michael J. and Esther M. Stoltzfus, husband and wife; thence with said road, North 21 degrees 13 minutes 17 seconds West, 78.82 feet to a set railroad spike ins aid road; thence continuing with said road, North 17 degrees 49 minutes 43 seconds East, 246.16 feet, to an existing railroad spike in said road, at corner of lands now or formerly of Elvin S. Lapp and Salome K. Lapp; thence by lands of Lapp, South 72 degrees 16 minutes 28 seconds East, 249.88 feet, to an existing iron pin; thence continuing by same, North 20 degrees 05 minutes 50 seconds East, 150.13 feet to an existing iron pin in line of lands now or formerly of Amos S. Lapp and Marianne K. Lapp; thence by lands of Lapp, South 72 degrees 27 minutes 58 seconds East, 428.49 feet to a set iron pin in line of lands now or formerly of David M. Elliott; thence by lands of Elliott, South I 1 degrees 23 minutes 12 seconds East, 61.17 feet, to a set concrete monument at corner of lands now or formerly of Michael J. Stoltzfus et ux; thence by lands of Stoltzfus, South 76 degrees 26 minutes 39 seconds West, 780.66 feet to a point in Township Route 381, the place of BEGINNING. CONTAINING 3.3993 acres per said survey.