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HomeMy WebLinkAbout14-3772 77a Prepared by & Retrun to after filing: T.A. of Central PA, LLC 4 ,/{/'V 26 530 N. Lockwillow Ave C'(f/tr$ �h U Harrisburg, PA 17112 p ENNS �N © Cojjy }� File # 154 - 000910 AN/A WAIVER OF LiENS THIS AGREEMENT made and concluded on June d , 2014 between Ralph E. Haines and Ann M. Haines, party of the first part (hereinafter called Owner), AND Yingst Homes, Inc., party of the second part (hereinafter called Contractor). WHEREAS, the said parties have by a duly executed Agreement under seal, bearing even date herewith, entered into a written contract for the erection and completion of 3805 Haywood Drive to be erected on all that certain piece of ground situate in Hampden Township, Cumberland County, PA and more fully described in Exhibit A attached hereto. NOW THIS AGREEMENT WITNESSETH: The Contractor for and in consideration of the awarding to him by Owner of said contract as aforesaid, as well as the further consideration of One ($1.00) Dollar to him paid at or before the enscaling and delivery of these presents, the receipt whereof is hereby acknowledged, and intending to be legally bound, does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed against the said building or buildings, or the curtilage or curtilages appurtenant thereto, or the lot or lots, by Contractor or by any sub - contractor, materialmen or laborers for work done or materials furnished under said contract and about said building or buildings or any part thereof, or on credit thereof, and that all sub - contractors, materialmen, and laborers on said work shall look to and hold Contractor personally liable for all sub - contracts, 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 said contract for and about the erection, construction and completion of said buildings as aforesaid, or under any contracts for extra work, or for work supplemental thereto, or otherwise. AND, in order to give the Owner full power and authority to protect himself and the lot or lots of ground against any and all claims filed by the Contractor or anyone acting under or through him or it in violation of the foregoing covenant, the said Contractor for himself, themselves, itself, hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear for him, them, it, or any of them, in any of the said Courts of Common Pleas as Attorney for. him, them or it and in his, their, its, name, mark satisfied of record at the cost and expense of the Contractor or of any Sub- Contractor or Materialman, or Materialmen, any and all claims or claim, lien or liens, filed by or for the Contractor, or any Sub - Contractor or Materialman, or in his or their name against building or buildings, lot or lots of ground or any part thereof and for such act or acts this shall be good and sufficient warrant and authority, and a reference to the Court, Tenn and Number in which and where this Agreement shall have been filed shall be sufficient exhibit of the authority herein contained to warrant such action, and the Contractor for himself, themselves, itself, do hereby remise, release and quit -claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in anywise touching or concerning the same. IN WITNESS WHEREOF the said parties have hereunto set their hands and seals dated the day and year first above written. WI ESSESM Ralph E. Haines Q n M. H nes Ou He ler Vice President Y Inc. by a C p Contractor /Builder Exhibit A "Legal Description" ALL THAT CERTAIN lot or tract of land situate in the Township of Hampden, County of Cumberland, State of Pennsylvania, being known as Lot No. 27, as shown on a certdin plan entitled Revised Preliminary /Final Subdivision Plan Grand Meadows, as recorded Wthe Office of Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 92, Page 68 which lot is the same as designated in the Declaration Grand Meadows, a Planned Community recorded in Deed Book 734, Page 953 and any and all Amendments thereto, as the same may change from time to time. TAX MAP NO. 10 -15- 1286 -115 BEING part of the same premises which Dwayne Deimler, also known as Dwayne A. Deimler and Karen A. Deimler, husband and wife, by Deed dated 03/23/2006 and recorded 03/28/2006 in the Office of the Recorder of Deeds in and for the County of Cumberland in Record Book 273, Page 3576, granted and conveyed unto Fishing Creek Valley Associates, L.P., a Pennsylvania limited partnership.