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Home My WebLink About05-2290 04/27/2005 08:56 FAX 7176716718 -.--. -.--- T.A. OF IIBG -.-----.- ~001 OS' - ;;V.. q 0 yntJ) '-r 81..."'1 PrcparedBy: T.A. 01 HarriobllJ'C,LLP Retum To: T.A. 01 KarritbllJ'll, LLP ATTN: D.bor~ K.. Boelaa 4775 Lia(lelto.... Road, H.nilburg, PellDsylvuIia 1711Z 717-671-6715 (parI of) 09-1~ 104 File No. IIARU5-Z631-A Commillllcnl No. 1<5Z0309 Dale: 0412'1%005 W AIYER OF LIENS THIS AGREEMENT made and concluded on April 29, 2005 between Bemard M. Janusz alld Jon S. Jan...., hu.bead and wif.. pany of lI1<: /irsl part (hereioafkr called O...,.,r), AND HeDick Coaslruction Co., party of the second pan (hereinafter called Contraclor). WlreREAS, the said partie. have by . duly executed Agreement WIder seal, bearing even dale herewith, entered into a "';IIeO 00IISeIII for tbc e.-..:tion, COIIlIlruction and completion of Let 119 MapoIia Drive, bola, Pennaylnnie 17025, E.st P.DIIshoro Tow.ship, CumberllUUl COI1IIlJI, P....ylv.ni. to be erec:ted on (see legal description attached). WHEREAS by the tenns of the contra<:l aforesaid tbc Contnlctor covenanted. proII1iBed and agreed that dO mecbllllic.' lien or claims would be entered and filed agains, tbc said buildi:Dc or buildings or any part tbcreof, or the curtilage or cwti1ages OW_I 1hereto. eilher by himself or any""" else for any work, Jabor and maccrial. '"'Wlied in the performancc of die said CODIt8Ct, or under any supplemenlal CODlnlcl or for cxtrll work, in rhe erection, constIUClion or completion of the said building or building. or any of the curlilages appuneaant therclO. NOW THIS AGREEMENT WITNESSETH: 1'bat the ContraclOr for and in coosideI1llion of the contract afo.....id and the consideration mcalioned lbereunder. as ~ll .. the further consideration of One ($ 1.00) Dollar to bim in hand paid by 1he owner at or before the selling and delivery of 1hese prOlleDlS, the reccipl wbereof is hereby acbJowledeed. docs hereby COVC1ll.llI, promise and agree that no meebanics' lien or claim or olber lien or claim of any kind whatsoever shall be 61ed or maintaiued .gainsl lI1e K8id building or buildings or lbe curtilage or the eunilag.. appunenant therr:ro, by Contnclor or by any sub-eontraclor, materi.1men or labor.... for work done or materials fumisbed ulldcr said contract or by any other party actin& through or under them Cof and about said buiJdjnll or buildings or any past thereof, or on credil rbercof. and that all sulKontraclors, Dlaterialmcll, I11llIlaborcrs 011 said work sbaD look 10 ..,d hold Contractor personally liable for an ""b-contracU., materials fwuisbed and work and labor d""", 50 thet <here .haII DOl be any legal or lawful claim of ...y kind whatever against Owner for any work done or labor or materials f"uroiJbcd under ..id contract for I11llI aboul the erectioD, COJlSllUctiOllI11lll completion of said building a, aforesaid, or IlItdcr any COIJIr.cl for ex"" work, or for work supplemcDl8l dtereto. or otheJwisc. AND Ibis Agrcancnl waiving tbc ril:hl of lien shaD be iIIdepcDdcnl COIlVCD8rll and sball operate and be effective as well willi r..peel to work done and materinls IUmisbed under any 811pplemcnl8l cootrael for extr. work in the erection, construction and completion of the ,aid building or buildings a, 10 lll>Y ...m: and labor done and 111ll1erial, funtisbed under the conlnlC, aforesaid AND, in order to give the Owner lUll pow<< and sutbority to protect himself and the 101 or Jots of ground against ...y and all claims filed by Ibe ConttBClOt or aayoue acting UDder 0' through him or ir in viollliOll of lb. for.goiug covenant, die said COIlInClor for himself. themselves, ~ hereby irrevocably authorizes and empowers .oy A'torney of ""y Cowt of Common fl.., of the Commoowealth of PCllOSylv.mi., to appear for him, them, if, or WDiver of Liens 1W3I04 U~/~(r.uu~ U~:~6 FAX 7176716718 T.A. OF IIBG ----- III 002 any of them. ;" aIJY of !be ..id Cour15 of Common Pleas as Attorney for him, them or it and in his, their, its, 1llIIll<, mmlt sali.fied of reeom at the cost and expense of !be Contractor or of any Sub-C_or or Materiahnan. or Materialmen, any and all claims or claim, lien or liens, filed by or for the COlllnlCcor, or Ildy Sub-CootnIclor or Materialman, or ill his or their Il4IIIe against said buildUlg or boiJding., lot or 1015 of &fOIIDd or any part thereof lIIId for such oct or &CIS lIWI sball be &000 and sufficieot W8tl'aDl ODd authority, and a ref..__ to the COUtl, T= am! Number in which and wherc Ibis Agreement sha1J have beCIl filed sha11 be suflic_ exhibit of the authority beR'in conl8illed to wamnt mch actiOll, and !be C_or for himself, themselves, itself. do bereby remise, release and quit.dailn all rights and all _r or =0'", defce.. and imperfections wbatsoever ;n entering such satisfaction or in anywise 10uchiDg or COllCeming the ....... IN WITNESS WHEREOF the said pillties bave hereunto set their bands and seals dated the day ODd year fltst above wrjttcn. WITNESSES PRESENT, Cou.InI.lion Co. WUl:N PILING, MUST BE CROSS- INDEXED Waiver ofLe:ttI 1103/04 File No. HAR125-2632-A Commitment No. K520309 Date: 04/29/2005 Legal Description ALL THAT CERTAIN lot, parcel or tract ofland situate in the Township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania more particularly bounded and described as follows, to wit: BEGINNING at a point on the western right-of-way line of East Penn Drive (60' wide) at the dividing line between Lots No. 189 and No. 210 as shown on the hereinafter mentioned plan; thence along the western right-of-way line of East Penn Drive South thirteen degrees, forty-seven minutes, three seconds West (S ]3047' 03" W) a distance of two hundred sixty-eight and eighty-nine hundredths feet (268.89') to a point; thence by a curve, curving to the right having a radius of twenty-five feet (R=25.00') and an arc length of thirty-nine and twenty-seven hundredths feet (AL=39.27') to a point on the northern right-of-way of Magnolia Drive (50' wide); thence along the northern right-of-way of Magnolia Drive by a curve, curving to the left having a radius of two hundred ninety-seven and fifty-eight hundredths feet (R=297.58') and an arc length of one hundred eighteen and thirty-three hundredths feet (AL=118.33') to a point; thence continuing along the same South eight-one degrees, zero minutes, zero seconds West (S 81000' 00" W) a distance of seventy-four and seventy-five hundredths feet (74.75') to a point at the dividing line between Lots No. 189 and No. 190; thence along the dividing line between Lots No. 189 and No. 190 North nine degrees, zero minutes, zero seconds West (N 090 00' 00" W) a distance of two hundred six feet (206.00') to a point; thence continuing along the same North eighty-six degrees, nineteen minutes, eleven seconds West (N 860 19' II" W) a distance of fifty-eight and eighty-five hundredths feet (58.85') to a point at the dividing line between Lots Nos. 189, No. 190 and No. 206; thence along the dividing line between Lots No. 189 and No. 206 nine degrees, forty-five minutes, fifteen seconds West (N 090 45' 15" W) a distance of one hundred ninety-nine and sixty-seven feet (199.67') to a point at the dividing line between Lot No. 189, No. 206 and No. 207; thence along the dividing line between Lots No. 189 and No. 207 North eighty degrees, fourteen minutes, forty-five seconds East (N 800 14' 45" E) a distance of eighty-three feet (83.00') to a point at the dividing line between Lots No. 189, No. 207 and No. 208; thence along the dividing line between Lots No. 189, No. 208 and No. 209 respectively South sixty-two degrees, sixteen minutes, fifty-seven seconds East (S 620 16' 57" E) a distance of tow hundred six and sixty hundredths feet (206.60') to a point at the dividing line between Lots No. 189, No. 209 and No. 210; thence along the dividing line between Lots No. 189 and No. 210 South seventy-six degrees, twelve minutes, fifty-seven seconds East (S 760 12' 57" E) a distance of one hundred fifty feet (150.00') to a point, the place of BEGINNING. Said Lot contains 2.471 acres. BEING Lot No. 189 as shown on the Final Subdivision Plan of Penn Valley, Phase I, as recorded in the Office ofthe Recorder of Deeds of and for Cumberland County in Plan Book 67, Page 20. SUBJECT to a drainage easement and wetlands as shown on the above referenced plan. Waiver of Liens R03i04 p ~ -lq. ~ R ...... ~ .1/) C> D -- ~ Ii' c::) w lr\ F \"" () '\> ~ -( r :p ~ f c-., r ---:{\ o c::- 1"--' <::.:l ,:,,"? cf\ F>~ ~...<.. o -n ..-\ ''''- n"IJJ. ~~:;~~ '.-::;(') I 0;:-- ',. :'_:<~ ,.c~ , _.~ ()\I"('i. --:'" .z:- :D L-) ,.<