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WAIVER OF LIENS
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KNOW ALL MEN BY THESE PRESENTS, that
WHEREAS, Frederick Bahrenburg, IV and Karen L. Bahrenburg, h/w (collectively the
"Owner") and Lion Enterprises, Inc. tla Bastian Homes ("Contractor") have entered into an
agreement ("Agreement") relating to the construction of certain improvements to a parcel of real
property known as 627 Mountain Street, East Pennsboro Township, Cumberland County,
Pennsylvania, identified as Cumberland County Tax Parcel No. 09-11-3006-049, as more
particularly described on Exhibit A attached hereto ("Premises"), as part of the consideration for
which agreement this Waiver is given;
WHEREAS, the Contractor has covenanted, promised and agreed that no mechanics'
liens or claims will be entered and filed against the Premises by Contractor, its subcontractors,
vendors, materialmen, laborers or anyone else for any work, material or labor supplied in the
performance of the Agreement or any supplemental agreement for extra work.
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 of which is hereby
acknowledged, as well as for and in consideration of the entry by Owner thereunder, it is
stipulated and agreed that neither the undersigned Contractor, any subcontractor, vendor,
materialman, laborer, nor any other person furnishing labor or materials to Contractor with
respect to the Agreement shall file a lien, commonly called a mechanics' lien, for work done or
materials furnished to the buildings or improvements located on the Premises or any part thereof.
This stipulation and agreement waiving the right of lien shall be an independent covenant
and shall also operate and be effective with respect to work done and materials furnished under
any supplemental agreement or arrangement for extra work in the erection, construction and
completion of any buildings or improvements on the Premises.
In the event that any mechanic's liens or claim is filed by the undersigned, undersigned
hereby irrevocably waives any right to a jury trial in any action to strike or discharge the lien.
If the undersigned or any contractor or materialmen claiming by, through or under the
undersigned files a mechanic's lien, notwithstanding this Waiver, the Owner or the Owner's
representatives, successors or assigns shall have the right to discharge the lien by appropriate
legal proceedings and to retain out of any payment then due or thereafter to become due to the
undersigned an amount sufficient to completely reimburse and indemnify Owner against
expenses and losses resulting from such lien. Expenses and losses shall include any attorney's
fees, surety bond premiums and other costs incurred in attempting to discharge or remove such
lien and nay damages or other losses resulting form such lien all of which the undersigned agrees
to pay. If any payment then due to the undersigned by Owner is not sufficient to reimburse and
indemnify Owner by way of off-set as aforesaid, the undersigned agrees to pay the amount of the
difference to Owner upon demand.
The undersigned hereby warrants and represents that as of the execution ofthis Waiver,
no work of any kind has been done and no materials or supplies of any kind have been furnished
in the performance ofthe aforesaid Agreement or any supplemental agreement of extra work in
the erection, construction and completion of any buildings on the Premises or otherwise.
This Agreement and Waiver is made and intended to be filed with the Prothonotary of the
Court of Common Pleas of the County where the Premises are located and Contractor agrees that
it, all subcontractors, vendors, materialmen, laborers on said work shall look to and hold
Contractor liable for the Agreement, materials furnished and work and labor done, so that there
shall not be any legal or lawful claims of any kind whatsoever against Owner for any work done
or labor or material furnished under the Agreement with the Contractor.
It is expressly understood that the foregoing Waiver and all of the provisions and
remedies herein contained shall be available to and for the protection of Owner.
IN WITNESS WHEREOF, Contractor and the Owners have signed and sealed these
presents as of the 15th day of July, 2005.
LION ENTERPRISES, INC. T/A BASTIAN
HOMES:
-131 'L~ l --2\t,,,,
Witness
t
Ol~crot.
OWNER:
Bu~L~
Witness
iJ>>If & C
rederick B enb , IV
BQ'j~ L\tA
Witness
4)~;-~~tr
COMMONWEALTH OF PENNSYLVANIA:
(\ \ (\ :88.
COUNTY OFI........\.M.-..- ~\
On this, the IS'*- day of jJ~ ' 2005 before me, a Notary
Public for the Commonwealth of Pennsylvania, perso ally appeared Frederick Bahrenburg, IV,
and Karen L. Bahrenburg, h1w, known to me (or satisfactorily proven) to be the person(s) whose
name(s) subscribed to the within instrument and acknowledged that he executed the same for the
purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and seal.
Notary Public
My Commission Expires:
NOTAlUiJ.. SEAL .
MarianD L Stlely, Notary Publtc
Lemoyne Boto., cumberland County
My commission expires January 02, 2009
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF L\. vJ
:88.
On this, the \S-J.!... day of ,2005, before me, a Notary Public
in and for the Commonwealth of PennsyIv a r onalIy appeared em ~ ~~ \'v2 (
who acknowledged himself/ herself to be the "6fLion Enterprise, Inc. tla Bastian
Homes and that he as such officer, executed the foregoing instrument on behalf of such
corporation for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARlAL sEAL Public
MarianD L Stiely, N~ d County
Lemoyue Boto., Cumbel an 2 2009
My commlll101l Ol\plrel laouary 0 ,
~.~
~~IC / -
My Commission Expires:
717 975 3871
P.l1
Jul-l1-0S 09:24A LS&P
EXHlBlT "A" - FILE NO. 134828
ALL THAT CERTAIN tract or parcel of land situate in East Pennsboro
Township, Cumbertand County. Pennsylvania, bounded and described as follows, to wit
BEGINNING at a point at the southeastern comer of Lot No.3, land now or
formerly of H. Glenn Steager and Mountain Street; thence continuing along Mountain
Street, south 55 degrees 42 minutes 37 seconds west, a distance of 133.22 feetto a point;
thence continuing along Lot No.5. north 29 degr~s 27 minutes 23 seconds west, a
distance of 149.13 feet to a point; thence continuing along Lot No.3, land now or formerly
. of H. Glenn Steager, north 54 degrees 20 minutes 00 seconds east, a distance of 10B.85 ,
feel to a point; thence continuing along Lot No.3, land now or formerly of H. Glenn
Steager, south 3B degrees 46 minutes 15 seconds east, a distance of 151.55 feet to a
point, the point and place of BEGINNING.
BEING known as LotNo. 4 on a FinalSubdi\lision Plan forH. Glenn Steager.
dated July 15, 2002, and recorded June 13,2003, in Plan Book 87, page 57.
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