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HomeMy WebLinkAbout14-4438 W 4438 M Lb ASSG No. 00144531 it 4Q-IC)-C) sag 4 LCjuuM C4- WAIVER OF LIENS WHEREAS, Ian B. Lyles and Cheryl B. Lyles, of Cumberland County, Pennsylvania, entered into a contract with Home Designs Unlimited LLC, of Cumberland County, PA, to provide materials and perform labor necessary for completion of a residential dwelling situate upon lot of ground located: 4 Locust Court, Boiling Springs, PA 17007, South Middleton 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 Ah day of July, 2014. WITNESS: MUD ,r C.0 w z to r a s B. Ly es o z Cheryl B. le Dave Thompson, Home esigns Unlimited *24-00 PO, strr►tMNT A �syr 3 G�il45�to _30►tpq EXHIBIT "A" ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, Lot No. 144 on the Final Subdivision Plan of Indian Hills- Section No. 4, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 92, Page 109, the same being numbered as more particularly described as follows : BEGINNING at a point on the southern right of way line of Locust Court (a fifty { 50 } feet wide right of way) at the dividing line of Lot No. 143 and Lot No. 144 of the aforementioned Plan; thence along the dividing line of Lot No. 143 and Lot No. 144, South seven (07) degrees forty-four (44 ) minutes fifty-one (51) seconds West, eighty- eight and no hundredths (88 . 00) feet to a point; thence along the dividing line between Lot No. 144, Lot No. 157 of Section 3, Lot No. 156 of Section, North eighty-five (85) degrees sixteen (16) minutes five (05) seconds West, two hundred twenty-three and nineteen hundredths (223 . 19) feet to a point; thence along the dividing line between Lot No. 144, Lot No. 152 of Section 3, Lot No. 153 of Section 3 and Lot No. 152 of Section 3, North five (05) degrees fifty-six (56) minutes forty-four (44 ) seconds East, one hundred eighty-three and seventy-six hundredths (183 . 76) feet to a point; thence along the dividing line between Lot No. 144 and Lot No. 145, South seventy-two (72) degrees fifty-six (56) minutes twenty-four (24) seconds East, one hundred seventy-one and three hundredths (171 . 03) feet to a point; thence along said dividing line between Lot No. 144 and Locust Court (a fifty { 50 } feet wide right of way) , thence by a curve to the left having a radius of sixty and no hundredths (60 . 00) feet, an arc length of ninety and fifty hundredths (90 . 50) feet with a chord bearing South thirty-nine (39) degrees two (02) minutes thirty-two (32) seconds East having a chord length of eighty-two and sixteen hundredths (82 . 16) feet to a point and place of BEGINNING. BEING PART OF THE SAME PREMISES which Gladys M. Shughart, widow, by Deed bearing date the 27th day of August, 1992, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "V", Volume 35, Page 902, granted and conveyed unto Dickinson Estates, a partnership. UNDER AND SUBJECT TO restrictions and conditions as now appear of record. TAX MAP 40-10-0636-528