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Home My WebLink About12-6613 No, i~.,6~~~ ~ 1 ~ ~~ ,ter f~J r~ ...~.,, ^;~ 3. ~~ r 1'R7 ~ . ' T, ~~ ~ ~ n -~ f, rr= ~ WAIVER OF LIENS STIPULATION C~~ N '~ ~~ - ~: ~ _ r- CJ7 (~ ~ ~~ _ M:` ~'4 ~ ~~ ~~ = ~.s ~ THIS WAIVER OF LIENS STIPULATION (this "Waiver of ]Liens") is made cam" .;~r~` October 24 , 2012, by Warfel Construction Company, a - _- ~~ v~ t =-~ - c Pennsylvania S_ corporation, having an address of 11 l0 Enterprise Road, East C~'~ ~ersburg, Pennsylvania 17520 (hereinafter "Warfel"). WITNESSETH: WHEREAS, _ Mechanicsburg_Real Estate Company, LP ~("Owner") owns certain property located on 707 Sh~herdstown Road Mechanicsburg, PA 17055 ,which is depicted on Exhibit "A" (the "Property"'); and WHEREAS, pursuant to a contract or contracts between Owner and Warfel i;the "Construction Contract"), Warfel has agreed to supply or cause to be supplied labor, materials and services and perform or cause to be performed certain demolition and construction work upon the Property (the "Work"). Terms used in this Waiver of Liens which are defined in the Pennsylvania Mechanic's Lien Law of 1963, as the same has been and may be amended from time to time in the future (the "Mechanic's Lien Law") shall have the meanings assigned to them in the Mechanic's Lien Law unless otherwise defined in this Waiver of Liens; and V4'IIEREAS, Warfel has posted or will post a bond guaranteeing payment for labor, materials and services provided or performed in connection with the 'Work; and WHEREAS, both the Owner and Warfel will benefit from the Work on the Property. NOW, THEREFORE, in consideration of the foregoing premises, the covenants and agreements contained in the Construction Contract, and intending to be legally bound hereby, Warfel, for all subcontractors (which term, as defined in the Mechanic's Lien Law, includes, without limitation, sub-subcontractors), does hereby covenant, stipulate, promise arrd agree as follows: 1. That no lien or right to file a lien or claim against the 'Work, the Property, any improvements on the Property (collectively, the "Improvements'), or the respective estates, rights, titles or interests of the Owners (collectively, "Interests"), or any part of parts thereof, or the appurtenances thereto, shall accrue or exist in any subcontractor concerned or connected with the Work: or the Property; that no mechanic's lien or claim or materialmen's lien or other lien or claim of any kind whatsoever shall be filed or maintained against the Work, the Property, the Improvements, the Interests, or any part or parts thereof, or the appurtenances thereto, by or in the name of any subcontractors for work done or for any labor, tools. equipment, materials or ra-y. ~ / d cws~ 1 !~'~ ,~Q"~3G/ supervision or other services furnished under any construction, demolition, drilling or supply contract or subcontract with a subcontractor (each, a "Subcontract") or any supplements or changes thereto, written or oral, or by any other party acting for or on behalf of a subcontractor, for and about the Wcrrk, the Property, the Improvements, the Interests or any parts thereof, or on credit thereof; nor shall any claim or liability for such labor or materials or work performed arise, exist or be tiled against any of the Owners, their respective successors (including successors in interest) or assigns, by or in the name of a subcontractor. 2. This ~JVaiver of Liens shall be an indeper.~dent covenant which shall be binding on a subcontractor, notwithstanding the breach of any Subcontract to which such subcontractor is a party and. shall operate and be effective as well with respect to work done and materials and services furnished under any supplemental contract for extra work in connection with the Work. It is the full intent of Warfel, for all subcontractors, that the right to fine a mechanic's lien or other claim against the Property, the Work, the Improvements or the Interests, under the provisions of Acts of Assembly in such cases made and provided, for work done or materials, labor or services furnished in and about the erection, construction, demolition or repairs of the Work, is hereby forever, absolutely and irrevocably waived. 3. In order to give the Owner full power and authority to protect themselves, and the Work, Property, Improvements and Interests, or any parts thereof, against any and all liens and claims filed by or in the name of subcontractors in violation of the foregoing provisions of this Waiver of Liens, Warfel hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to appear for each subcontractor, in any such Court as Attorney for such subcontractor, and in his or its name, mark satisfied of record, at the costs and expense of such subcontractor, or in his or its name, any and all mechanics' liens or claims or materialmen's liens or claims or other liens or claims of any kind whatsoever filed or maintained against the Work, the Property, the Improvements oar the Interests or any parts thereof or the appurtenances thereto, and for such act or acts this shall be good and sufficient warrant and authority and a reference to t:he Court and to the docket in which and where this instrument shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and Warfel, for each subcontractor, does hereby release all errors and defects whatsoever in the entry of any such satisfaction ar the exercise of the authority hereby conferred. In the event that any court of competent jurisdiction shall determine that any provision of this Waiver of Lien is void or unenforceable in accordance with its terms, Warfel expressly consents and agrees, for and on behalf of all subcontractors, that this Waiver of Lien may be modified by said Court such that the offending provision shall be of no further force and effect but the remainder of this Waiver of Liens, and all other terms and conditions hereof, if any, shall. continue to be binding on all subcontractors who have filed a claim for a lien. under the Mechanic's Lien Law and all parties claiming in the name of or on behalf of such subcontractors. 2 4. THIS WAIVER OF LIENS shall be filed in the Office of the Prothonotary of Cumberland County, Pennsylvania, pursuant to the provisions of the Mechanic's Lien Law. and the receipt for such filing will be delivered to the Owner. Lmmediately upon filing, this Waiver of Liens shall constitute notice hereof to all subcontractors who enter into a Subcontract, and each such subcontractor, by entering into such Subcontract, agrees and consents to this Wain er of Liens. IN WITNESS WHEREOF, Warfel has duly executed this Waiver of Liens Stipulation as of the date first above written. WITNF,SS: ~~o WARFEL CONSTRUCTION COMPANY: Title: cx~~ . y(P --------- -- 3 EXHIBIT A LEGAL DESCRIPTION ALL that certain tract of land; together with the improvements thereon. erected situate largely in the Township of Upper Allen and partly in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, described as follows: BEGINNING at a point marked by a stake in the Eastern line of Shepherdstown Road (L.R. 21098) which said point is 359.65 feet to North of corner of lands now or formerly of Christian Hess, as measured along the Eastern line of said Shepherdstown Road; thence extending along the Eastern line of Shepherdstown Road (L.R. 21098), North 12 degrees 10 minutes 30 seconds West, 436.0 feet to a point; thence by the same in a Northwardly direction, by the arc of a circle curving to the right, said circle having a radius of 1612.28 feet, the arc distance of 349.63 feet to a point; thence still bG~ the Eastern line of Shepherdstown Road, North 00 degrees 1;~ minutes 00 seconds East, 156.92 feet to a point at comer of Lot now or formerly of Richard Wevodau; thence along the line of said Lot now or formerly of Richard Wevodau, being also the Northern line of a 14 foot wide dirt lane, North 71 degrees 15 minutes East, 156.6 feet to a point; thence continuing along the Northern line of said 14 foot wide, dirt lane, being also along the Southern line of lands formerly of Elizabeth K. Golden and devised to )=tarry Golden and wife, North 67 degrees 15 minutes 20 seconds East, 208.84 feet to a stake; thence along the line of other lands of the Elizabeth K, Golden Estaite, of which this is a part, South 1.1 degrees 17 minutes 25 seconds East, 894.02 feet to a stake; thence by the same, South h4 degrees 35 minutes 30 seconds West, 430.0 feet to a point marked by a stake in the. Eastern line of Shepherdstown Road (L.R. 21098), aforementioned, at the point and place cif BEGINNING. HAVING thereon erected a brick farm dwelling, frame barn and outbuildings. Property also known as 707 Shepherdstown Road, Mechanicsburg, Pennsylvania. 731335