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WAIVER OF LIENS
KNOW ALL MEN BY THESE PRESENTS, that
WHEREAS, M, Shane Brandt, s/m ("Owner") and SCS Housing and Development, L.P,
("Contractor") have entered into an agreement ("Agreement") relating to the construction of
certain improvements to a parcel of real property known as 586 Ariel Court, Upper Allen
Township, Cumberland County, P A, identified as Cumberland County Tax Parcel No, 42-24-
0792-134, 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 ofthe execution of this Waiver,
no work of any kind has been done and no materials or supplies of any kind have been furnished
in the performance of the 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 12!h day of September, 2005,
SCS HOUSING AND DEVELOPMENT,
L.P,:
JJ~t
Witness
~~/
Title: L~....-
~~
OWNER:
Witness
~~
M, Shane Brandt
COMMONWEALTH OF PENNSYLVANIA, t()",~.\ l~J COUNTY ss:
On this, the It ~ day of ~e~ k"'~tY ,2005 before me, a Notary
Public for the Commonwealth of Pennsylvania, personally appeared M. Shane Brandt 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.
COMMONWEALTH OF PENNSYLVANIA
Notarial ~al
Noel A. Genrs. Notary Public
S. Middleton Twp. Cumberland County
M Commission Ex ires A ril 24. 2006
MAL
Notary Public
My Commission Expires: 'i-J.I1-1--QC("
COMMONWEALTH OF PENNSYL VANIA:
COUNTY OF
Cu",,~, L%\
:ss.
On this, the 11 "^" day of S ~ ~ \M\'<..- ,2005, before me, a Notary Public
in and for the Commonwealth of Pennsylvania personaq~ appeared M. ~ hAott tffi;IIJA-_
who acknowledged himself/herself to be the CJ>"-" """ ro.A<<.( of SCS Housing and
Development, L.P, and that he/she 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
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Noel A. Genrs. Notary Public
S. Middleton Twp. Cumberland COboty
M Commission Ex ires A ril 24, 2006
~l-
Notary Public
My Commission Expires: '1}1/ .J-tOb
PA',E 07/11
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P.84
U~lTED GENERAL TITLE INSL'RA.l\"CE COMYANY
CO!'.TJj\,"CATIO:-l SCHEDULE FOR USE "'UE CO:,>[l.lITME1'i'T OR POLICIES
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(Cooriuued)
:\p:t:iJt's Fi:c no.: GA.5....1 0 9
COtn::rDtIOC,T.lt No.:
Policy No.:
ALL that certAin parcel oE land and improv~entn ther~on situate in
tho Township of Upper Allen, County of Cumb~rland and Common~ealth
of Poonsylvnnia, ~d dasignated &~ Parc~~ No. 42-24-0792-134 and
morQ fully de9cribod in a De~d ~,ted January 29, 1983 and recordAd
FAbruary 4, 1983 in Cumb~rland County in DOGd Book Volumo B30 at
Page 136, gr~nt&d and convoyed unto John M. Knaub Bnd J~~t Knalw,
hi!> lIifo.
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