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Home My WebLink About05-2291 ..., 0> - ,),)'1; 111 ~;) WAIVER OF AND STIPULATION AGAINST LIENS KNOW ALL BY THESE PRESENTS, that: BACKGROUND John and Margaret Storch, ("Owners"), and Yost Construction ("Contractor"), with an address of 4 5 Yocumtown Road, Etters, Pennsylvania, have entered into a construction agreement dated ,,'I ~ Jt;o5 (hereinafter the "Contract") relating to the construction and alteration of a building and other improvements upon the following described real estate, as part of the consideration for which agreement this Waiver of Liens is given: All that certain lot or piece of ground situate in the Monroe Township, Cumberland County, Pennsylvania, known as Lot 258 Kuhn Road, Boiling Springs, Pennsylvania and more fully described in Exhibit A, attached hereto and made a part of this Waiver. AGREEMENT NOW, THEREFORE, Contractor, intending to be legally bound hereby, in consideration of the sum of One Dollar ($1.00) to Contractor in hand paid, the receipt and sufficiency of which are hereby acknowledged, as well as for and in consideration of the entry by Owners into the Contract, does hereby, for Contractor and any and all subcontractors, materialmen and parties acting for, through or under Contractor, them or any of them, or anyone, covenant and agree with Owners that no mechanics' liens or claims shall be filed or maintained by Contractor, them or any of them, or anyone, against the above-described real estate, or the buildings or other improvements erected or to be erected thereon, or any of them, or the estate (including a leasehold estate), interest or title thereto of Owners, for or on account of any work done or materials furnished under the Contract or under any supplemental contract, verbal or written, or contract for extra work relating to the aforementioned construction and alteration and completion of said buildings or other improvements. or any of them, or otherwise; and Contractor, for Contractor and any and all subcontractors, materialmen and parties acting through or under Contractor, them or any of them, hereby expressly waives and relinquishes the right to have, file or maintain any mechanics' liens or claims against said real estate or buildings or other improvements or any of them. Contractor hereby covenants, promises and agrees that all subcontractors, material suppliers, and laborers on the work shall look to and hold Contractor personally 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 whatever against Owner, or any other person with an estate (including a leasehold estate) in the above-described property, for any work done or labor or materials furnished under the Contract or otherwise. This agreement waiving the right of lien 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 construction and alteration and completion of the said buildings or other improvements as to any work and labor done and materials furnished under the contract aforesaid. Contractor hereby represents and warrants that prior to the date hereof no work has been done and no materials have been furnished with regard to the construction which is the subject of the Contract or with regard to any supplemental contract, verbal or written, or contract for extra work in or about the construction and alteration and completion of any buildings or other improvements on the above-described property. In order to give Owner and any person having an estate in the above-described property (including a leasehold estate), full power and authority to protect itself and themselves, the above-described property, the buildings or other improvements to be constructed and altered thereon, and the curtilages appurtenant thereto, against any and all liens or claims filed by the Contractor or anyone acting under or through it in violation of the foregoing covenant by Contractor, the Contractor hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear as attorney for it, them, or any of them, in any such Court, and in its or their name or names, (a) to the extent permitted by law, to mark satisfied of record at the cost and expense of Contractor or of any subcontractor, laborer or material supplier, any and all claims or liens filed in violation of the foregoing waiver and covenant, or (b) to cause to be filed and served in connection with such claims or liens (in the name of Contractor or any subcontractor, laborer or material supplier, or anyone else acting under or through it) any pleading or instrument, or any amendment to any pleading or instrument previously filed by it or them, to incorporate therein, as part of the record the waiver contained in this instrument, and for such act or acts this instrument shall be good and sufficient warrant and authority, and a reference to the court, term and number in which and where this Waiver of Liens shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor for itself and for them does hereby remise, release and quit-claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in filing such pleading, instrument or amendment, or in any way concerning them. This agreement and Waiver of Liens is made and intended to be filed with the Prothonotary of the Court of Common Pleas of the County of Cumberland, Pennsylvania, or other proper place in which the above-described lands are located, within ten days after the date hereof in accordance with the requirements of law in such case provided. 2 -.J~" "-'..H ,,:,~It:J:J lU; 48 7175335717 Pi~l,;~ .34': 04 IN WITl'-"ESS WHEREOF, Contractor has signed and sealed these presents ~ 2005. )jt})~ . I Y OSI ConstrUction ~"..~ u t~ 18 es YoSt Commonwealth of Pennsylvania County af ) ) ) ?r.!. On this, the~ day of May. 2005, before me, the undersigned officer, personally appeared James Yost who acknowledged himself to eetne O-J"-SE-fi!- ofYast ConstrUction. being authorized to do so, executed the foregoing Waiver of Liens for the purposes therein contained by signing his name such owner and operator and desired that the same might be recorded as such. ss. IN WITNESS WHEREOF, I hereunder set my hand and Official Seal. Notary Public NOTARIAL SEAL Deborah K. Miscevich, Notary Public Derry Twp., Dauphin County My commission expires November 23. 2006 My Commission Expires: 3 ALL that certain tract of land siNate j ~ MonrOf Townsbip, Cumb<<lanCi County, Pcmnsylvania, bounded and d~bed in aooordanlll wih a plan prepaml by Robert B. 8tlmer, R. S. and =tdod in the: Office of the R.ocorder of 0. eds flu Cumberland County In P1l1ll Book 34, Page 113, BEGINNI:~G at a point in southern right -of- "'IY line of Kuhn Road at Lot No. 259; thence alolli Lot No. 259 South SO dcj!l'eClS 15 mi lute II 20 scc:onda Bast 507.32 feet t:> a point; Ihence South 49 dl'8tee5 22 minutelll2 5el:OOds W'lt 18:).00 feet to a point; thenca a10llg Lot No 257, North 46 dOStee5 05 minutes 25 seconds WI st 4:\6.82 feet to a point in southern right of way line ofK.ubnRoad; thence along southern rigb, Qfway line of Kuhn Road North 24 degrees 03 minutes 00 SllC(lndS ElISt 154,00 feet to a point, :he'lace of BEGINNING. CONTAINING 1.777 acres and dcsijpllltel as""! 258, Section L, White Rock: Acres. SUBJEcr to a 30 foot drainage euetneDt 810111: 1~18tem edge of lot. SUBJECf lot shall be used solely for a bu Idir: U10t and shall not be used in 4IIY lIllIDlIer as a right of way, .:asement or other peamitted lICCC gS f Jr purpose of ingress, ~ or regress to any other adjoining tract or tracts of reel propc:rt:. W}dl:h are I10t a part of White Red: Acres Subdivision. B~t 9IiIl be responsible for any alll all ~osta that would be in<:ulm1 by Seller, if any IIttempt i8 made to violate this provision. \ ~ ~ ~ ~ 'vJ C"- o vJ ~ ~. ~ "-' ~ ~. '- '^" i::-, c:,. ...", ~ ~ ~ " ~. <;A :~-r.} \ r:~};~) J;.- '~,\.\ ~ -',J '&r-" - -- :;;:'''. --. -g :"h -; ~ o r--> :~~ ~(, '~-::'\ \71