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HomeMy WebLinkAbout12-1636PENNSYLVANIA Form K3 J2 - X636 ?? L-? Waiver of Liens Commonwealth of Pennsylvania 49 PA. CONS. STAT. § 1402 CONTRACTOR'S WAIVER OF LIENS TO BE INDEXED AGAINST: Qjl3 ylk, 06111'S 0"S 3V11- (Contractor) AS PLAINTIFF FOR INDEX PURPOSES V. WI A Lu a cvit) _ (Owner) AS DEFENDANT FOR INDEX PURPOSES AND (Tenant) AS DEFENDANT FOR INDEX PURPOSES AND actor) AS PLAINTIFF FOR INDEX PURPOSES V (Owner) AS DEFENDANT FOR INDEX PURPOSES AND (Tenant) AS DEFENDANT FOR INDEX PURPOSES M 3 = = -rs -<> ?- C? r- --4'D ?i 3- = ® ? c) c [NOTE: COMPLETING THIS PAGE WILL FACILITATE INDEXING BY PROTHONOTARY] aq' Vo Po, GLM-Ree2_Sept04 ?i7r 1 a vz ir A 79,3 7a PENNSYLVANIA Form K3 Waiver of Liens Commonwealth of Pennsylvania Continued - Page 2 49 PA. CONS. STAT. § 1402 WHEREAS, CVl° L_Ue,14no ("Owner' as entered into a certain construction agreement described on Exhibit "A" hereto (the "Contract") with / it 1 "Contractor"), to provide materials and perform labor necessary for the construction of certain improve eats (t e "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 inc dent 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. GI_M_Rev2_3ept04 PENNSYLVANIA Form K3 Waiver of Liens Commonwealth of Pennsylvania Continued - Page 3 49 PA. CONS. STAT. § 1402 Contractor, inters ing to be legally bound hereby, has executed this Waiver of Liens this -/ day of 20LQ. RACTORI ) COMMONWEALTH OF PENNSYLVANIA By:C----- Name. i Title: _ Address: ` SS. COUNTY OF C.?oe cL 1 A n? 7d/S On this, the 7 day of F /0• ; 20)-Q, before me, a Notary Publiclfa? t? Commonwealth of Pennsylvania, the undersigned officer, personally appeared . _ who acknowledged himself/herself to be the ?2e S of n? N I 'e- e ..-"b M. e S and that he(she) as such Officer, being authorized to do so, executed the foregoing ins rument 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. COMM WEALTH OF PENNSYLVANIA NoUffM Seal Sandra A. Kautz, Notary Public Sliver WN Twp•, QMnbWW 0,COWLY My GornNwlan EzpNss MEMBER, pgn6Y1 VANU Assou wn OP NOrAR1E5 (Notarial Seal) My Commission Expires: Notary Public GLM_Rev2_Sept04 X11 ? f! 1 x'11 'l?: ;. w PURCHASE AGREk MENT 11Itilclbl. 6U NYlt 1*-113"1J b" 7W COM p" +AFtU F. MMM K11dW 170'!8 smip 31 W U46-yie] A 1 u ti ""'""60 `i i 14-Li " dsQ.Y fir; .rc.nr,1.1s? ate. S1:f0i1L C,,k'CS ? L 1 1 ?^'1 OCR' 4vL11 ??V?M OPTrCML eQUrN T, LABOR AMJlO6 e?0??esr ... ..... .. t ,iu110: r ?IriL71q -- - -- I? Q SB?L?W2,1.!'IIYTFI?eDS?TOW®ON'i1#tR?tD6?t .nos .....?_.-. ?1e?r.oli6eeeaa ! $ t'W= t74J C14 47257 as a} s 3.0o ? 38 00 ?? I f f ?f.F11? 3 EI?A1pN1? M TAX Im " PM OR to 7m r fft ft Lift A* iiW*? 6T AMT 'ja lo 2M, Max ?_... _ _? ?gpufLMOlMttt?o? 1 ?? -.-.__ .. . ! 0u??e' EXHIBIT n DOW mommoommm AANOPME IyN ?I}i q?i I? 'btA?tAXI? tti Pp A LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in South Middletown Township, Cumberland County, Pennsylvania, bounded and described as Lot 1-A in accordance with a Final/Minor Subdivision Plan for Joseph W. and Lorraine T. Luciano prepared by Brehm-Lebo Engineering, Inc., dated February 25, 2011, and recorded October 28, 2011, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Instrument No. 201129890 as follows: BEGINNING at an existing magnail in the centerline of Lindsay Lane (T-480) at the common corner of Revised Lot 1-A and lands now or formerly of Dennis and Marsha Burkett, shown as Lot 1 on the aforementioned Final/Minor Subdivision Plan; thence along the eastern lines of Lot 1, lands now or formerly of Dennis and Marsha Burkett, the following five courses: 1) North 09 degrees 21 minutes 48 seconds East a distance of 330.00 feet to an existing iron pin; 2) North 77 degrees 32 minutes 54 seconds East a distance of 97.14 feet to a set iron pin; 3) North 26 degrees 22 minutes 25 seconds East a distance of 49.30 feet to a set iron pin; 4) North 78 degrees 52 minutes 06 seconds East a distance of 84.63 feet to a set iron pin; and 5) South 32 degrees 59 minutes 35 seconds East a distance of 49.16 feet to a set iron pin; thence along the western lines of Revised Lot 1, as shown on the aforementioned Final/Minor Subdivision Plan, the following three courses: 1) South 57 degrees 21 minutes 48 seconds West a distance of 89.65 feet to a set iron pin; 2) South 07 degrees 38 minutes 06 seconds East a distance of 102.99 feet to a set iron pin; and 3) South 16 degrees 30 minutes 49 seconds West a distance of 250.00 feet to a set magnail in the centerline of Lindsay Lane (T-480); thence along the centerline of Lindsay Lane, North 80 degrees 38 minutes 12 seconds West a distance of 149.37 feet to an existing magnail, the point and place of BEGINNING. BEING the same premises which Joseph W. Luciano and Lorraine T. Luciano by their Deed dated November 7, 2011, and recorded January 12, 2012, in the office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Instrument No. 201201247, granted and conveyed to David A. Luciano. KNOWN and numbered as 85 Lindsay Lane, Carlisle, Pennsylvania. TAX parcel #40-24-0752-058 EXHIBIT s