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HomeMy WebLinkAbout14-0957 C:\ Users \Tbailey\Dropbox\lnter - Office \Worddocs \CLIENT \Suders, Ronald & Jaime\Construction Mortgage \Waiver of Liens, 1- 30-14, tlb.doc ,fit►}'- I V l RESIDENTIAL BUILDING c= c (LESS THAN ONE MILLION DOLLARS CONTRACTOR'S WAIVER OF LIENS) Mi. ` ` (49 P.S. 1402) -- THIS AGREEMENT made and concluded this ��� day of ebrim' 2-014 between RONALD M. SUDERS and JAIME M. SUDERS, husbandi, off- >, Shippensburg, Pennsylvania, (the "Owner ") and NORTHWOOD CRAFTSMEN, - mC`;' of Shippensburg, Pennsylvania, (the "Contractor "). THE BACKGROUND of this Agreement is as follows: A. By a duly executed written agreement (the "Contract ") Owner and Contractor have contracted for the erection, construction, alteration or repair of a residential building with a contract price of less than one million dollars (the "Improvement ") to be erected on real estate described in Exhibit "A" attached (the "Property "), Lot 3 as set forth on Plan recorded at Instrument Number 201330335, which has an address of 52 Gilbert Road, Shippensburg, Pennsylvania 17257. B. By the terms of the Contract, Contractor has covenanted, promised and agreed that no mechanics' or materialmen's liens or claims would be filed or maintained in the Property or any part thereof, or the curtilage or curtilages appurtenant thereto, either by himself or any subcontractor, 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 Improvement on the Property or any of the curtilages appurtenant thereto. NOW THIS AGREEMENT WITNESSETH: 1. The Contractor, for himself or any subcontractor, 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 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 Improvement 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 P V 14 �3a�s C:\ Users \Tbailey\Dropbox\Inter - Office \Worddocs \CLIENT \Suders, Ronald & Jaime\Construction Mortgage \Waiver of Liens, 1- 30 -14, tlb.doc 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 whatsoever against Owner for any work done or labor or materials furnished under the Contract for and about the erection, construction and completion of the Improvement, or under any contract for extra work, or for work supplemental thereto, or otherwise. 2. This Agreement waiving the right of lien (as provided for in 49 P.S. §1402) 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 Improvement 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 WHERE OF the said parties have hereunto set their hands and seals dated the date and year first above written. Ronald M. Suders, Owner O A VL4) J ime M. Suders, Owner CONTRACTOR: NORTHWOOD CRAFTSMEN, INC. By: Name: LA0y6JFFTH Title: Sp Feb. M­ 8:53AM HC DAVIS No. 2203 P. 2 i EXHIBIT "A" ALL THAT CERTAIN tract of land situate in the Township of Southampton, County of Cumberland and State of Pennsylvania, designated as Lot 1" as shown on Subdivision Plan entitled "Final Subdivision Plan for Roger L. Hosfelt & Rine Land Development, Inc.," prepared by Eric L. Diffenbaugh Associates, dated June 4, 2013, which plan has been approved by the appropriate municipal authorities as a final Subdivision Plan, and which is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at Instrument Number 201330335, and is bounded and described as follows: BEGINNING at an existing iron pin along the southern right -of -way line of Gilbert Road (SR -3002) at line of lands now or formerly of Ernest L. Lynch; thence along said line of lands now or formerly of Lynch, North 04 degrees 31 minutes 02 seconds East 198.52 feet to a set iron pin; thence continuing along the same, South 89 degrees 53 minutes 19 seconds West 245.00 feet to a set iron pin; thence along line of Lot 2 on the hereinabove referenced plan, North 04 degrees 58 minutes 48 seconds East 263.15 feet to a set concrete monument; thence continuing along the same, North 82 degrees 10 minutes 01 second West 374.77 feet to an existing iron pin; thence along line of lands now or formerly of Thomas B. Lynch, Jr. & Carla C. Lynch, North 02 degrees 01 minute 01 second West 664.33 feet to an existing iron pin; thence along line of lands now or formerly of Mark E. Nealy, South 82 degrees 19 minutes 15 seconds East 552,30 feet to a set iron pin; thence along line of Lot 4 on the hereinabove referenced plan, the following courses and distances: 1) South 36 degrees 01 minute 54 seconds West 217.83 feet to a set iron pin; 2) South 23 degrees 20 minutes 51 seconds East 268.46 feet to a set iron pin; 3) South 32 degrees 20 minutes 18 seconds East 613.14 feet to a set mag spike; thence along line of Lot 1 (Residual) as set forth on the hereinabove referenced plan, South 60 degrees 17 minute 14 seconds West 53,54 feet to an existing railroad spike; thence along line of lands now or formerly of Kimberly S. McNair and lands now or formerly of Lincoln E. & Sally J. Reed, along the centerline of Gilbert Road (SR- 3002), South 59 degrees 19 minutes 21 seconds West 200.00 feet to a set mag - spike; thence along line of lands now or formerly of Cart F. & Mary A. Bittinger, South 47 degrees 04 minutes 29 seconds West 46.29 feet to an existing iron pin, the point and place of BEGINNING, CONTAINING 10.4434 acres, more or less, in accordance with the above - referenced plan, BEING the same premises which Roger L. Hosfelt, adult individual, as to an undivided one -half interest as tenant in common with Rine Land Development, Inc., a Pennsylvania corporation, as to an undivided one -half interest as tenant in common, by their Deed dated December 19, 2013 and recorded January 7, 2014, in the Office of the Recorder of Deeds, in and for Cumberland County, at Instrument Number 201400521, granted and conveyed unto Ronald M. Suders and Jaime M. Suders, husband and wife.