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HomeMy WebLinkAbout13-1358 Owners: Paul W. Spotts ` Abby R. Spotts t Contractor: Zegretti Construction CONTRACTOR'S WAIVER OF LIENS THIS AGREEMENT made and concluded this day of i v wj� _, 2013, between Paul W. Spotts and Abby R. Spotts ( "Owners ") and Zegretti Construction ( "Contractor''). THE BACKGROUND of this Agreement is as follows: A. By a duly executed written agreement dated �1G/c- 2013 (the "Contract ") Owners and Contractor have contracted for the erection, construction and completion of the improvements ( "Improvements ") to Owners' residence located at 326 North 24 Street, Camp Hill, Pennsylvania, (the "Property"). A true and correct copy of the deed to the Property is attached hereto as Exhibit A. B. Contractor hereby covenants, promises and agrees that no mechanics' or materialmen's lien or claim will be filed or maintained on the Property or any part thereof, or the curtilage or curtilages appurtenant thereto, either by himself or anyone else for or on account of any work, labor or materials supplied in the performance of the Contract, or under any supplemental contract or for extra work, in the erection, construction or completion of the Improvements on the Property or any of the curtilages appurtenant thereto. NOW THIS AGREEMENT WITNESSETH: 1. The Contractor, for himself and anyone else acting or claiming through or under him, for and in consideration of the Contract and the considerations mentioned therein, and intending to be legally bound hereby, does hereby waive and relinquish all right to file a � a3s� mechanics' lien, claim or notice of intention to file any lien or claim, and does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the Improvements or the estate or title of Owner in the Property or the curtilage or curtilages appurtenant thereto, by or in the name of Contractor or any subcontractor, materialmen or laborers for work done or materials furnished under the Contract or by any other party acting through or under them or any of them for and about the Improvements or the Property or any part thereof, or on credit thereof, and that all subcontractors, materialmen, and laborers on the work shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatever against Owner for any work done or labor or materials furnished under the Contract for and about the erection, construction and completion of the Improvements, or under any contract for extra work, or for work supplemental thereto, or otherwise. 2. This Agreement waiving the right of lien shall be an independent covenant and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction and completion of the Improvements as to any work and labor done and materials furnished under the Contract. 3. In the event Contractor consists of more than one person, firm or corporation, the undertakings hereunder of each of such persons, firms or corporations shall be joint and several, and the word "Contractor" shall mean all or some or any of them. For purposes of this Agreement, the singular shall be deemed to include the plural, and the neuter shall be deemed to include the masculine and feminine, as the context may require. IN WITNESS WHEREOF, the Contractor has hereunto set its hand and seal dated the date and year first above written. Zegretti Construction,. Name: Mark Zegretti Title: Owner THIS DEED I ADE TI IE ,� day of December the vear of Our Lord Two Thousand and Two (20021. BETWEEN THE BLEICKEN REALTY TRUST, AN M. BLEICKEN TRUSTEE. GRANTOR, and PAl `I. « SPOTTS and ABBY R. SPOTTS, husband and wife, GRANTEES; NNITNESSETH, that in consideration of the sum of ONE (51.00) DOLLAR, in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey to the said Grantees. ALL THAT CERTAIN piece or parcel of land situate in the Borough of Camp Hill, County of Cumberland. and Commonwealth of Pennsylvania, bounded and described as follows_ to vyit: BEGINNING at a point on the west side of North 24th Street (formerly Park Avenue) as extended throu�?h the tract nw,. or late of Bricker; said point being 360.00 feet in a Northerly_ direction from the northwest corner of North 24th Street (formerly Park Avenue) and Lincoln Street', thence in a Northerly direction along the western side of North 24th Street, a distance of 60.00 feet; thence in a westerly direction by a line at right angles to North 24th Street, a distance of 119.00 feet to a point; thence in a SOLItherly direction by a line parallel with North 24th Street., a distance of 60.00 feet to a point: thence in an Easterly direction by a line at night angles to North 24th Street, a distance of 119.00 feet, to the place of BEGINNING. BEING Lot No. 7 in a Plan of Lots laid out by Charles W. Strayer, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 1, Page 87. 14AVl?r?G IHEREr?N ERECTED a one and one -half story dwelling known as 326 North _4th Street. UNDER AND SUBJECT. nevertheless, to restrictions, easements and conditions of record. BEING �� HE SAME PREMISES which Robert Lee Carroll and Carol Ann Carroll, husband and wife, b Deed dated November 12, 1998 and recorded December 14, 1998, in Deed Book 190, Page 1040, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, aranted and convened unto the Bleicken Really Trust, Ann M. Bleicken Trustee, Grantor herein. AND the said Grantor hereby covenants and agrees that she will warrant SPECIALLY the property hereby conveyed. t' IN IA'ITNESS WHEREOF, said Grantor has hereunto set her hand and sea] the day and ve-ar first above written - W1 TNESS _ (SEAL) ANN M. BLEICKEN TRUSTEE STATE OF PENNSYLVANIA: SS. COUNTY OF On this. the dav of December- 2002, before me, / � _ /� _ the undersigned officer. personallv appeared Ann M. Bleicken., known to me (or satisfactorily proven) to be the person whose name is subscribed to the Within instrument, and acknowledged that therein contained- purpose.,, she executed same for the IN WI NESS WHEREOF- I hereunto set my hand and official seal Notary Public I do herebv certiA that the precise residence and complete post office address of the within named Grantees 15 X26 North 24th Street, Camp Hill, PennsvIvania 17011 Date. Agent for Grantees