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HomeMy WebLinkAbout06-0425 \ JOO&- L;J) IlJlP WAIVER OF LIENS KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, Glenn E. Collins and Donna 1. Collins, h/w (collectively the "Owner") and FCM Builders ("Contractor") have entered into an agreement (" Agreement") relating to the construction of certain improvements to a parcel of real property known as Lot # I 0 Allen Estates, Lower Allen Township, Cumberland County, P A, identified as Cumberland County Tax Parcel No. 13-11-0270-057, 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 of this Waiver, no work of any kind has been done and no materials or supplies of any kind have been fumished 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 4th day of January, 2006. FCM BUILDERS: ~f{ff/ /JJ Ad tness ~ rfesident OWNER: ~/;fM -Ill W W, tness K4?~ Glenn E. Collins j(ttMY7l AJ ~ .J ~\)JS:2,'","<, Donna 1. Collins COMMONWEALTH OF PENNSYL VANIA: :ss. COUNTY OF 4K On this, the l.\ day of 3o.f\UCJ fL\ ,2006 before me, a Notary Public for the Commonwealth of Pennsylvania, personally appeared Glenn E. Collins and Donna L. Collins, h/w, known to me (or satisfactorily proven) to be the person(s) whose narne(s) subscribed to the within instrument and acknowledged that he executed the same for the purposes berein contained. IN WITNESS WHEREOF, I hereunto set my hand and seal. NOTARIAL SEAL LAUREN B.INGLES, Notary Public Shrewsbury Township, County 01 York My Commission Expires December 5, 2009 / , IJ fl,(dl fJl /) No ' Public / -l My Commission Expires: If) S;ffj , ~ I .,~;~~;~,;;. "{)'''' ..11>!..!'0 -' :"" ,".. COMMONWEALTH OF PENNSYLVANIA: -' ? "1'-.. .....f :ss. COUNTY OF -G~ l>',bJ2T 10--",cl ..t:; ~ ./b On this, the q day of "3o...v\. ~ '- ~' 2006, beere m~, a Notary Public in and for the Commonwealth of Pennsylvan., son y appeaf(,d \~.c>--' \Y '\. \ \ ~ c- who acknowledged himself/herself to be the i\SLC.' "",\reX' ofFCM Builders and that he/she as such officer, executed the foregoing ins rument 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 Linda M. Beezub. Notal)' Public Hampden Twp.. Cumberland County My Commiss,m Expires Oct. 21,2009 Member, Pennsylvania Association of Notaries .LQ.,- 9 01/03/2006 13:37 "AX 17172354470 ~UUI I I' , Conestoga Title Insurance Company Commitment Number: 2006010001AM' SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN tract or parcel of land situate in the Township of Lower Allen, County of Cumberland, Commonwealth of Pennsylvania more particularly bounded and descClDed as follows, to wit: BEGINNING at a point on the northern right of way line of the cui-do-sac of Wellgate Lane the dividing line between Lots Nos, 10 and 11 as shown on the hereinafter mentioned plan; thence along the divid'lng line between Lots Nos, 10 and 11 North 45 degrees 10 minutes 31 secollds West a dislance of 21 8,03 feet to a point at the dividing line between Lots Nos. 10, 11 and 17; thence along the dividing line belween Lots Nos, 10 and 17 North 22 degrees 15 minutes 00 seconds East a distance of 123.79 foet to a point. Thence along the southern line of lands now or late of Larry B, Shoop and Marsha C, Shoop and lands now or lale 01 Nae H, Park and Won J. Park South 86 degrees 15 minutes 00 seconds East a distance 01 244,35 feel to a point; thence along the dividing line between Lots Nos, 9 and 10 South 19 degrees 16 m',nules 55 seconds West a distance of 254,63 feet to a point On the northern right of way line of the Cul-de-sac of VVellgage Lane; thence along said right of way line by a curve, curving to the left having a radius 01 50,00 feel and an arC length of 56,23 feet to a point, the place of BEGINNING, CONTAINING 49,772,25 square feet or 1,143 acres, BEING Lot No, 10 as shown on the Final Subdlv:sion Plan of Allen Eslalc, as urepared by Hartman and Associates, Inc, Said plan being recorded in the Office of the Recoroer of Deeds of <lod for Cumberland County, Pennsylvania in Plan Book 72, Page 125, SUBJECT to a variable width Drainage Easemer'lt for (1 Dr::tc~ntion Basin FJnd ri 30 fc~ot Access Easement to said basin and a 20 feet Drainage Easement as shown on the above reference pl?n. UNDER AND SUBJECT, nevertheless, to easements, rcstric(ons, re:..;r:rvalions, condilions and rights of way of record or visible upon inspection of premises, Parcel # 13-11-0270-057 Al TA Commitment Schedule C (20',);',Oi 'iQQ1Afv1 PFDI2006010001AMf7) {-.~ r,~-1 .-1 L," ~ \:J ~ ('r1 l"" "1\ --,J ~ C: 0 0 - "-- , "'-\ ~ --.;:, >" .,- ~ \ ',', W -4:) {l\ ""- VI 'i'.,~ ~ f> "I j<; ?; ~ - -+- Ii> :i ~ ~ <:c ~.