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Home My WebLink About05-3195 ()():'))- 319) (nlD File No. HARI25-3IlI-A Commitment No, K520508-A Date: 06/01/2005 WAIVER OF LIENS THIS AGREEMENT made and concluded on June 1, 2005, between Sebastian Homes, Inc., party of the first part (hereinafter called Owner), AND Dwayne Deimler, d/b/a Deimler Homes, 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 consent for the erection, construction and completion of Lot 15A White Birch Avenue, Mechanicsburg, Pennsylvania 17050, Silver Spring Township, Cumberland County, Pennsylvania to be erected on (see legal description attached), WHEREAS by the terms of the contract aforesaid the Contractor covenanted, promised and agreed that no mechanics' lien or claims would be entered and filed against the said building or buildings or any part thereof, or the curtilage or curtilages appurtenant thereto, either by himself or anyone else for any work, labor and materials supplied in the performance of the said contract, or under any supplemental contract or for extra work, in the erection, construction or completion of the said building or buildings or any of the curtilages appurtenant thereto. NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in consideration of the contract aforesaid and the consideration mentioned thereunder, as well as the further consideration of One ($1,00) Dollar to him in hand paid by the owner at or before the selling and delive!)' of these presents, the receipt whereof is hereby acknowledged, does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the said building or buildings or the curtilage or the curtilages appurtenant thereto, by Contractor or by any sub-contractor, materialmen or laborers for work done or materials furnished under said contract or by any other party acting through or under them for 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 building as aforesaid, or under any contract for extra work, or for work supplemental thereto, or otherwise, AND this Agreement waiving the right of lien shall be independent convenant 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 erection, construction and completion of the said building or buildings as to any work and labor done and materials furnished under the contract aforesaid, 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 said 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, Term 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 or 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, (SEAL WITNESSES PRESENT: (SEAL D.vf}Y,v.( 'D-e-, "'" Ie-v (SEAL (SEAL WHEN FILING, MUST BE CROSS- INDEXED Waiver of Liens R03/04 ( File No, HAR125-3111-A Commitment No, K520508-A Date: 06/0112005 Legal Description ALL THAT CERTAIN tract ofland situate in the Township of Silver Spring, County of Cumberland, and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the North side of White Birch Avenue, at the corner of Lot #85, as shown in the hereinafter mentioned Plan of Lots; thence along the North side of White Birch Avenue, due East, one hundred one and thirteen hundredths (101.13) feet to a point; thence continuing along the North side of White Birch A venue, South 64 degrees 28 minutes East, seventy and fifty-two hundredths (70.52) feet to a point at the corner of Lot #14A, as shown in the hereinafter mentioned Plan of Lots; thence along the line of said Lot #14A, North 14 degrees 22 minutes 41 seconds East, two hundred twenty-two and fifty-eight hundredths (222.58) feet to a point on the rear line of Lot #15, as shown in the hereinafter mentioned Plan of Lots; thence along the rear line of Lots Nos. 15 and 16, South 87 degrees 51 minutes West, two hundred twenty and fifteen hundredths (220.15) feet to a point at the corner of Lot #85 aforesaid; thence along the line of said Lot #85, due South, one hundred seventy-six and ninety-six hundredths (176.96) feet to a point on the North side of White Birch Avenue, the place ofBEGlNNING. BEING Lot #15A in the Subdivision Plan known as White Birch Farms, Section No.2, recorded in the Recorder's Office in and for Cumberland County, Pennsylvania, in Plan Book 42, Page 13 and CONTAINING 0.83 acre. SUBJECT to the following easement, a 15 foot utility and drainage easement on the front and rear, and on both sides of the said tract. ALSO SUBJECT to the following building restrictions: I. No dwelling house shall be erected on the premises herein conveyed costing less than $20,000.00 dollars. 2, No trailers, garage buildings, basements, tents, shacks or similar structures shall be used for dwelling and/or residential purposes, eight temporarily or permanently. 3. In addition to a dwelling house, a garage, other than a commercial garage, may be erected on the premises, Such garage or other small building, such as a tool shed, if so erected, shall be the same exterior as the dwelling and shall be completed before being used. 4. The premises herein conveyed and any buildings which may be erected thereon, shall not be used for business purposes, except, however, for professional business purposes, which shall be permitted. 5. No livestock shall be maintained or cared for on the premises. Watch does and family pets shall be permitted. 6. There shall be no junk yards maintained on the premises. This shall expressly apply to automobile graveyards, used cars, garbage and refuse dumps, and similar obnoxious uses. 7, Any exposed exterior of a building must be covered with brick or aluminum or better. Waiver of Liens R03/04 =t - ~ V\ ~ - (\ r ~ .90 ~ \:4- '- Y'\ () C> -0 ~ :l ,b 't., ~ " "- ~. '" ~ '---~ () c;: ::.:, -< - , "> = r.:::::;, 'j' o " :-i _c -r, nlr ',",ITr ~32Z : ',;:; - I .~ ~'.?'':C) ;;~~ rn f.;:,. :n -< , - c-- ..",~ N '" ;;~'~ -- S? en OJ