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Home My WebLink About06-0066 JOO(P- (.,l, rnlJ) I " , Fite No, HAR12S-4080 Commitment No, K521312 Date: 12/2012005 WAiVER OF LiENS TiiiS AGREElvlEi,j made and concluded on ~~.&"'~> between !lOtian Investment Group Int., party of the first part (hereinailer called Owner), AND HOME DE IGNS NLlMlTED, LLC, party of Ibe second part (hereinafter called Contractor). WHEREAS, the said parties have by a duly exeouted Agreement under seal, bearing even date hemwlth, entered into a written COnSent for tlte erection, construction ""d completion of 25 Stoney Creek Court (Lot 48, ViUage of Cross Creek), C8<lisle, Pennsylvania 17013, North Middleton Township, Cumberland County, Pennsylvania to be erected On (see legal description auaehcd), WHEREAS by the terms of the contract aforesaid the Contractor covenanted, promised ""d agreed that no mechanics' lien or claims would be entered ""d fited against the said building or buildings or any part tltereof, or the curtilage or curtilages appurtenant tltereto, either by himsetf or ""yone etse for any work, labor and materials supplied in the perfonnance 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 tlte curtilages appurtenant tltereto. NOW TIIIS AGREEMENT WITNESSETII: That the Contractor for and in consideration of the contract aforesaid and the l.iUH:'UJt::.l4U.VU wtlU\iom::u. llic:rt:undc:r, as weii as the furt.i1.er conslaeration at Une t~l.UU) ..LJotlar to h1m 111 hand paId by the owner at or before the selling and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby covenant, promise and agree that no mechanics' lien or claim or otlter lien or claim of ""y 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 filrnished Wlder said contract or by any other party acting through or under them for ""d about said building or buildings or any part thereof, or on credit thereof, and that all suh-conttactors, materialmen, and laborers 01i said work shall look to ""d hold Contractor personally liable for all sub-contracts, materials filrnished and work and labor done, so that there shall not be any legal or tawful claim of any kind whatever against Owner for any work done or labor or materials furnished under said contract for and 4UVUl i..L~l;: C;:l~~ivl1, I;UIllilrUCu.on ana compietlon or sma building as aioresa~a., or under any contraCt tor extra work. or tor work supplemental thereto, or otherwise. AND this Agreement waiving the right of tien 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 ""d completion of the said buitding or buildings as to any work and labor done ""d material, furnished under the contract aforesald, ANU, ill order to gIVe the Owner full power and authority to protect himself and the lot or lots of ground against any and all claims fited by the Contractor or anyone acting under or through him or it in violation of the foregoing covenant, the said C<lntractor for himself, th=lvcs, itsetf, hereby irrevocably authon.es and empowers any Attorney of any Court of Conunon Pleas of the Commonwealth of Pennsylvania, to appear for him, them, it, or any of them, in ""y of the said Courts of Common Pleas as Attorney lor n1m, mero or il ana 1!1 .b1s~ the1f7 its, name, mark satisfied. of record at the cost and expense of the Contractor or of any Sub-Contractor or Materialmall, or Materialmen, any and all daims or claim, lien or liens, filed by or for the Contractor, or ""y Sub-Contractor or Materialman, or in hi. or their name against said building or buildings, tot or lots of ground or any part thereof and for such aet or acts this shall be good and sufficient warrant and authority, and a reference to the Court, Term and Number in which and whore this Agreement shall have been filed shall be sufficient exhibit of the authority herein contained to warrant such action, and the Contractor fOf himself, themselves, its:elf~ do hereby remise, release and quit..claim all rights. and all manner or errors, defects and imperfection..;; whatsoever in entering such satisfaction or in anywise touching or concerning che same. IN WITNESS WHEREOF the said parties have hereun,o set their hands and WITNESSES PRESENT: Cn1 VG ~,h ,II dated rhe day and year fIrSt above written, (SEAl ~~ (SEAl (SEAl (SEAl Watvet of l...J.ens R03/04 ~:; ~\)l...,0j2.S ' f:00/100 ~ dll '~MnHSI~~] ~O 'V'L LSf:S TL9 LTL XV~ ZT:9T fiLL SOOZ/OZ/ZT l ,-. File No, HAR125-4080 Commitment No, K521312 Date: 12/20/2005 Legal Deseriptlon ALL THAT CERTAIN tract ofland situate in North Middletown Township, Cumberland County, Pennsylvania, designated as Lot No. 48 on the Final Subdivision Plan for Phase C of the Village of Cross Creek dated 5/28/04 and recorded 5/28/04 in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 89, Page 17, more particularly bounded and described, as follows: BEGINNING at a point on the southern right-of"way for Stoney Creek Court, said point being the northwestern comer of Lot #49 thence, along Lot # 49 S 200 14' 17" W a distance of 126,54' to a point; thence, along Lot # 43 N 830 12' 29" W a distance of 61.44' to a point; thence, along Lot # 44 N 280 04' 15" W a distance of 46.22' to a point; thence along Lot # 47 N 360 10' 34" E a distance of 125.QJ' to a point on the southern right-of,way of Stony Creek Court; thence, along the right-of-way S. 53049' 26" E a distance of 5.77' to a point; thence, along the same by a curve to the left having a radius of 225,00' an arc length of55,20' and a chord bearing ofS 600 51' 06" E WIth a chord length of55.06' to a point, the place of BEGINNING. CONTAINING 10,824 sq, ft. (0.25 acres) BEING Lot No. 48 on the Final Subdivision Plan for Phases Band C of Village of Cross Creek dated 5/28/04, recorded 5/28/04 in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 89, Page 17. UNDER AND SUBJECT to the Declaration for Phases IA and II of The Village of Cross Creek dated April 25, 2001 and recorded April 26, 2001 in the Office of the Recorder of Deeds in and for Cumberland County in Mise, Book 673, Page 57 as extended to Phase B & C by the Second Amendment to the Declaration of The Village of Cross Creek dated May 25,2004 and recorded in Misc, Book 710, Page 421. UNDER AND SUBJECT to the Building and Use Restrictions dated April 25, 2001, and recorded April 26, 2001 in the Office of the Recorder of Decds in and for Cumberland County in Misc. Book 673, Page 78 as extended to Phase B & C by the First Amendment to the Building and Use Restrictions of The Village of Cross Cr""k by i'enta Star Invesrmems, inc. dateO May 5, 2004 ana recoraea m MISC. Book 708, Page 3261. .o.cu';u Lil" same premises which Penta Mar investment, Inc, by Indenture dated 01/31/2005, and recorded in the Office for the Recording of Deeds, in and for the County of Cumberland, aforesaid, in Deed Book and Page 267/2415, granted and conveyed unto Home Designs Unlimited LLC, a Pennsylvania Corporation, in fee. Waiver of Liens R03104 COO/ZOO ~ dll '~HilgSIHMVH dO 'V'l LRCg 1L9 L1L XVd Z1:91 an1 gOOZIOZIZ1 ~ ~ f') ^ ~ --... '0 "'C '-() ~ -- "?\ <> '" ~ ~ <:>. ("' g,' ~ ~ ~ ".... I-~.~ r~;-) C:".~ I;.r' <-. ~:~: ~...',.- I J::.- ~ . -; , r~,)