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Home My WebLink About05-5369 05 :5.3l9 (YlLD WAIVER OF LIENS THIS AGREEMENT made this I if/- day of -IJch b..e. v , 2005, between RYAN BROWNYARD and CLAUDIA CHAVEZ BROWNYARD of Carlisle, Cumberland County, Pennsylvania ("Owner"), and RIDGEVIEW CUSTOM HOMES, LLC" a Pennsylvania Limited Liability Corporation and HERBERT G, WEAVER and DEBORAH S. WEAVER, Members of Ridgeview Custom Homes, LLC, of 945 Ridge Rd., Shippensburg, PA 17257 ("Contractor"). THE BACKGROUND of this Agreement is as follows: By a duly executed written agreement dated September 22, 2005 (the "Contract") Owner and Contractor have contracted for the erection, construction and completion of a custom built home (the "Improvements") to be erected on real estate known as 215 Shirley Lane, Lot #99 Section III of Indian Hills, Boiling Springs, PA 17007 being more specifically described in Exhibit "A" attached (the "Property"). NOW THIS AGREEMENT WITNESSETH: 1. The Contractor, for it and anyone else acting or claiming through or under it, for and in consideration of one dollar ($1,00) in hand paid by Owner, the receipt whereof is hereby acknowledged, and further consideration mentioned in the Contract, and intending to be legally bound hereby, does hereby waive and relinquish all right to file a mechanics' lien, claim or notice of intention to file any lien or claim, and 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 Improvements or the estate or title of Owner in the Property or the curtilage or curtilages appurtenant thereto, by or in the name of Contractor or any subcontractor, materialmen or laborers for work done or materials fumished under the Contract or by any other party acting through or under them or any of them for and about the Improvements or the Property or any part thereof, or on credit thereof, and that all subcontractors, materialmen, 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 for any work done or labor or materials furnished under the Contract for and about the erection, construction and completion of the Improvements, or under any contract for extra work or for work supplemental thereto, or otherwise. 2. 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 erection, construction and completion of the Improvements as to any work or labor done and materials furnished under the Contract. 3. In the event Contractor consists of more than one person, firm or corporation, the undertakings hereunder of each of such persons, firms or corporations shall be joint and several, and the word "Contractor" shall mean all or some or any of them. For purposes ofthis Agreement, the singular shall be deemed to include the plural, and the neuter shall be deemed to include the masculine and feminine, as the context may require. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals dated the day and year first above written, OWNERS:6...t~ .~~~ Ryan L. rownyard 'Zik.-Pc 'i A." (!ft~t!ht1vez-~ Claudia Chavez Brownyar tfEAl) J rDwn '1 a. vA. (SEAL) C~9R~ . ~Jpf/~ (SEAL) Ridgeview Custom Homes, LLC ,~erb Weaver, Member c-tk~ He>-hd-rf- (;. WeAlltJ...-- , ~d:3~L) Ridgeview Custom Homes, LLC By: Deborah S. Weaver, Member COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND On this, the /J~ay of ~~~ 2005, before a notary public, the undersigned officer, personally appeared HERBERT G. WEAVER and DEBORAH S. WEAVER, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF I hereunto set my han and official seal. Notarial Seal Kathron B. Black, Notary Publi" South Middleton Twp., Cumberland County My Commission Expires Sept. 18. 2006 COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF CUMBERLAND . // dT~ On this, the /3 day of ~ 2005, before a notary public, the undersigned officer, personally appeared RYAN BROWNYARD and CLAUDIA CHAVEZ BROWNYARD, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF I hereunto set my hand and official seal. .' 'A'/~ Notllnal Se~i Kathron B. Bltlck. Notan- ;'I.<Oj: South Middleton Twp., Cumber-l,lOll ( My Commission EXDlfC!' Sen: " '\ Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, Lot No. 99 on the Final Subdivision"Plan ofIndian Hills- Section No.3, recorded in the Office of the Recorder of Deeds in .and for Cumberland County, Pennsylvania, in Plan Book 86, Page 126, the sarne being numbered as more particularly described as follows: BEGINNING at a point on the Eastern right of way line of Shirley Lane (a 60 foot wide right of way) at the point of the dividing line between Lot No. 98 and Lot No. 99 of the aforementioned plan; thence along said Shirley Lane (a 60' foot wide right of way), South 03 degrees 18 l,Dinutes 16 seconds East 143,66 feet to a point; thence along the dividing line between Lot No. 99 and Lots Nos. 84 and 83 South 89 degrees 50 minutes 23 seconds West 106.75 feet to a point; thence along the dividing line between Lot No. 99 and Lot No. 10'0', North 0'3 degrees 18 minutes 16 seconds West 137.81 feet to a point; thence along the eastern right of way line of Shirley Lane (a 60' foot wide right of way) at the point of the dividing line between Lot No. 10'0' and Lot No. 99 of the aforementioned plan; thence along said Shirley Lane (a 60 foot wide right of way) North 86 degrees 41 minutes 44 seconds East 106.59 feet to the point and place of BEGINNING. CONTAINING 15;0'0@.76SquareFeet. BEING part of the same premises which Gladys M. Shughart, widow, by Deed dated and recorded August 27,1992, in the Office of the Recorder of Deeds for . Cumberland County, Pennsylvania, in Deed Book "V," Volume 35, Page 90'2, granted and conveyed unto Dickinson Estates, a partnership. ~ \7 1;8 ~ ~ 9- ~. ~S' * __ <a ~ ~jr ~ ~() (') ......, c.~ 0 C c-.:, -n '0' Cl :~ C") _1 W -'" - () , :,) 1"n r C) 1 -" U1 :D .~< CD ,<