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HomeMy WebLinkAbout14-3578 ASSG No. 00144509 c D WAIVER OF LIENS c c- WHEREAS, Joseph S. Barnouski and Alicia B. Barnouski, of Cumberland County, Pennsylv77nia,,-enter6d into a contract with Home Designs Unlimited LLC, of Cumberland County, Pennsylvania, to provide materials and perform labor necessary for completion of a residential dwelling situate upon lot of ground located: Lot #3 Grahams Woods Road, Newville, PA 17241, Upper Frankford Township, CUMBERLAND County, PENNSYLVANIA, as more particularly set forth in Exhibit "A" attached hereto. NOW, THEREFORE, it is hereby stipulated and agreed by and between the said parties, as part of the said contract and for the consideration therein set forth, that neither the undersigned contractor, any sub-contractor or material man, nor any other person furnishing labor or materials to the said contractor under this contract shall file a lien for work done or materials furnished to the said building or any part thereof. This stipulation is made and intended to be filed with the County Prothonotary within ten(10) days after date, in accordance with the requirements of the Act of Assembly of Pennsylvania, in such case provided. The General Contractor hereby agrees to waive any defects in the filing and indexing of this Lien Waiver in the Office of the Prothonotary where it is to be filed pursuant to Section 1402 of the Mechanics Lien Law of 1963 and agrees that it will not contest the validity of this Lien Waiver based upon any such defects and hereby agrees to this waiver of defects on behalf of any of the Subcontractors, materialmen or suppliers that may provide any labor or materials under the General Contractors Agreement with the owner and who, but for the same, waiver, would be entitled to assert Mechanics Liens against the owners property under the Mechanics Lien Law of 1963. The General Contractor also hereby agrees to provide actual Notice of the Lien Waiver to all subcontractors, materialmen and suppliers prior to providing any labor or material by them to the project and will further provided for a written acknowledgment by each of these persons of the Lien Waiver prior to providing any labor or materials to the project. IN WITNESS WHEREOF, the said parties hereto have hereunto set their hands and seals this V2 ' day of June, 2014 WIE 00'septh S. Barnouski C�r kmvl, '40 Alicia B. Barnouski ?cL /I Awl CA-\f_-\ Dave Thompson, President 100, consz?r k!�3a7� EXHIBIT "A" ALL THAT CERTAIN tract of land situate in Upper Frankford Township, Cumberland County, Pennsylvania, being Lot No. 3 as shown on a Final Subdivision Plan for Robert A. Chronister, dated June 30, 20.00, prepared by Eric L. Diffenbaugh, P.L. S. of Newville, Pennsylvania, in Plan Book 84, Page 19, being bounded and described as. follows : BEGINNING at a railroad spike in the centerline of T-448 Grahams Wood Road at the dividing line between Lots 3 and 4 of the abovementioned plan; thence by said centerline, North thirty-seven (37) degrees ten (10) minutes eight (08) seconds West, ninety-seven and ninety-nine hundredths (97 . 99) feet to an existing railroad spike; thence by same, North sixty-three (63) degrees five (05) minutes sixteen (16) seconds East, two and twenty hundredths (2 . 20) feet to an existing railroad spike; thence continuing by same along a curve to the right having a radius of one hundred thirty-seven and nine hundredths (137 . 09) feet, an arc distance of ninety-three and sixty-seven hundredths (93 . 67) feet with a chord bearing of North fourteen (14) degrees zero (00) minutes forty-six (46) seconds West to an existing railroad spike; thence still by same, North thirteen (13) degrees forty-eight (48) minutes twenty-nine (29) seconds East, forty-eight and ten hundredths (48 . 10) feet to an existing railroad spike; thence by same, North nineteen (19) degrees thirty-seven (37) minutes thirty-seven (37) seconds East, one hundred fifty-three and ninety- two hundredths (153 . 92) feet to an existing railroad spike; thence by lands now or formerly of Nathan E. and Lori J. Chronister, South fifty-four (54.) degrees forty-nine (49) minutes three (03) seconds East, three hundred thirteen and sixty-two hundredths (313 . 62) feet to a set iron pin; thence by the dividing line between Lots 3 and 4 of the abovementioned plan, South fifty-three (53) degrees fifteen (15) minutes twenty-three (23) seconds West, two hundred ninety-nine and fifty-three hundredths (299 . 53) feet to a railroad spike, the place of BEGINNING. BEING THE SAME PREMISES which Todd R. Wert and Susan M. Wert, husband and wife, by Deed bearing date the 17th day of September, 2013, and recorded on 20th day of September, 2013 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Instrument No. 201331247, granted and conveyed unto Joseph S. Barnouski and Alicia B. Barnouski, husband and wife . TAX MAP 43-04-0385-076