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Home My WebLink About12-2392 PENNSYLVANIA Form K3 Waiver of Liens i'')s',Tar i Conwnonweaith of Pennsylvania 49 PA. CONS. STAT. § 1402 ''`' s, r r 1 ;JM,,Z RL?i?D CONTRACTOR'S WAIVER OF LIENS V1 'L TO BE INDEXED AGAINST: ! ??_ (Contractor) AS PLAINTIFF FOR INDEX PURPOSES V. -? (Owner) AS DEFENDANT FOR INDEX PURPOSES AND enant) AS DEFENDANT FOR INDEX PURPOSES AND (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] I Return to: ;ESUURCE REAL ESTATE SERVICES, LLC 300 Red Brook Blvd. Suite 300 Owir7s k"ii s, MD 21117 FIVOpe ?'?# 3o-Iq? j683-0/1 GLM_Rev2_Sept04 0411ay. ocl?i a,? ?/# 1-141-v9'yg ? RIO 9-?-34?V5 PENNSYLVANIA Form K3 Waiver of Liens Commonwealth of Pennsylvania Continued - Page 2 49 PA. CONS. STAT. § 1402 WHEREAS, P"h P(4NZ (' ("Owner') has entered into a certain construction agreement described on Exhibit "A" hereto (the "Contract") with (64etj lncrs?ilc?("Contractor"), to provide materials and perform labor necessary for the construction of certain improvements (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_SeptO4 laf1488 EXHIBIT "A" The land referred to in this Commitment is described as follows: ALL THAT CERTAIN TRACT OF VACANT LAND situate in Township of North Newton, County of Cumberland, Commonwealth of Pennsylvania, being bound and described in accordance with the Final Subdivision Plan for Park Circle Land Exchange, prepared by Brehm- Lebo Engineering, Inc., dated September 1, 2009 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania as Instrument No. 201005653. Said Plan was further amended and re-recorded November 22, 2010 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, as Instrument No. 201033997 as follows: BEGINNING at a point on the eastern side of Park Circle (T -302), a right-of-way with varying widths at line of lands of Benson B. Stake and Patricia A. Stake; Thence continuing along line of lands of Benson B. Stake and Patricia A. Stake, the following 4 courses and distances: 1) North 79° 22' 19" East, a distance of 78.14 feet to a point; 2) North 10° 37' 43" West, a distance of 37.00 feet to a point; 3) North 79° 22' 19" East, a distance of 95.98 feet to a point; 4) North 01 ° 30'38" East, a distance of 179.59 feet to a point at line of lands now or formerly of John McCrea, 111; Thence continuing along line of lands now or formerly of John McCrea, 111, North 80° 23' 15" East, a distance of 179.34 feet to a point at line of lands of North Newton Township; Thence continuing along line of lands of North Newton Township, the following 3 courses and distances: 1) South 01 ° 30'38" West, a distance of 112.79 feet to a point; 2) North 73° 53' 18" East, a distance of 20.00 feet to a point; 3) South 01 ° 30'38" East, a distance of 30.15 feet to a point on the northern side of Park Circle (T -302); Thence continuing along Park Circle (T -302), the following 9 courses and distances: 1) By a curve to the left, having a radius of 66.50 feet, an arc length of 24.48 feet, a chord bearing of South 53° 02'39" West, a chord distance of 24.34 feet to a point; 2) By a curve to the left, having a radius of 66.50 feet, an arc length of 31.17 feet, a chord bearing of South 29° 04'03" West, a chord distance of 30.89 feet to a point; 3) By a curve to the left, having a radius of 66.50 feet, an arc length of 17.82 feet, a chord bearing of South 07° 5735" West, a chord distance of 17.77 feet to a point; 4) South 00° 16' 58" West, a distance of 16.46 feet to a point; 5) South 00° 16' 58" West, a distance of 2.51 feet to a point; 6) By a curve to the right, having a radius of 83.50 feet, an arc length of 105.25 feet, a chord bearing of South 36° 23'37" West, a chord distance of 98.42 feet to a point; 7) South 72° 30' 15" West, a distance of 161.60 feet to a point; 8) By a curve to the right having a radius of 83.50 feet, an arc length of 58.91 feet, a chord bearing of North 87° 17' 10" West, a chord distance of 57.69 feet to a point; 9) North 40° 49'58" East, a distance of 82.81 feet to the point and place of beginning. Under and subject. nevertheless, to the plan notes and restrictions as recorded in the aforementioned revised Subdivision Plan along with other recorded rights and restrictions of record. Being a portion of the same premises which Keith W. Pannebaker and Melinda Pannebaker, husband and wife, by Deed dated and recorded February 26, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 194, Page 1060, granted and conveyed unto Ralph C. Fisher, Jr. and Patricia L. Fisher, Grantors herein. Less, however, those certain tracts of land being known as Lots C and D of the Revised Final Subdivision Plan for Park Circle Land Exchange by Deed dated May 7,2011 and recorded May 17, 2011 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, as Instrument No. 201114252, granted and conveyed unto North Newton Township. Also being a portion of the same premises which the Tax Claim Bureau, of the County of Cumberland, Pennsylvania, as Trustee, by Deed dated December 1, 2003 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 260, Page 2948, granted and conveyed unto Ralph C. Fisher, Jr. and Patricia L. Fisher, Grantors herein. Less, however, all that certain tract of land being known as Lot B of the Revised Final Subdivision Plan for Park Circle Land Exchange by Deed dated May 7,2011 and recorded May 17, 2011 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, as Instrument No. 201114256, granted and conveyed unto North Newton Township. Less, however, all that certain tract of land being known as Lot J of the Revised Final Subdivision Plan for Park Circle Land Exchange by Deed dated 5-7-11 and recorded 5-18-11 in the Office of the Recorder of Deeds in and fot?tumberland County, Pennsylvania, as Instrument No. 201114253, granted and conveyed unto Benson B. Stake and Patricia A. Stake. Also being the same premises which North Newton Township, by Deed dated 517/11 and recorded 5/18/11 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, as Instrument No. 201114254, granted and conveyed unto Ralph C. Fisher, Jr. and Patricia L. Fisher, Grantors herein. T own/CityNillage: NORTH NEWTON County: CUMBERLAND Section - Block- Lot: 30-19-1683-011