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HomeMy WebLinkAbout06-2265 , ~ ~ - )){$ !-1~!J ASSG No, 00063115 ~ #W WAIVER OF LIENS ~.~. . . 'h WHEREAS, Mark Sheely and Annette"Sheely, of Dauphin County, Pennsylvama, entered mto a contract WIt Zimmer Grove Homes, [nc" of Dauphin County, Pennsylvania, to provide materials and perform labor necessary for completion of a residential dwelling situate upon lot of ground located: Good Hope Farms South, Lot # 46, Mechanicsburg, PA 17050, Hampden Township, CUMBERLAND County, PENNSYL VANIA, as more particularly set forth in Exhibit "A" attached hereto. NOW, THEREFORE, it is hereby stipulated and agreed by and between the said parties, as part of the said contract and for the consideration therein set forth, that neither the undersigned contractor, any sub-contractor or material man, nor any other person furnishing labor or materials to the said contractor under this contract shall file a lien for work done or materials furnished to the said building or any part thereof. This stipulation is made and intended to be filed with the County Prothonotary within ten (I) days after date, in accordance with the requirements of the Act of Assembly of Pennsylvania, in such case provided, The General Contractor hereby agrees to waive any defects in the filing and indexing of this Lien Waiver in the Office of the Prothonotary where it is to be filed pursuant to Section 1402 of the Mechanics Lien Law of 1963 and agrees that it will not contest the validity of this Lien Waiver based upon any such defects and hereby agrees to this waiver of defects on behalf of any of the Subcontractors, materialmen or suppliers that may provide any labor or materials under the General Contractors Agreement with the owner and who, but for the same, waiver, would be entitled to assert Mechanics Liens against the owners property under the Mechanics Lien Law of 1963, The General Contractor also hereby agrees to provide actual Notice of the Lien Waiver to all subcontractorso-' materialmen and suppliers prior to providing any labor or material by them to the project and ~iIT further provided for a written acknowledgment by each of these persons of the Lien Waiver prior to providing any labor or materials to the project. IN WITNESS WHEREOF, the said parties hereto have hereunto set their hands and seals this 7th day of April, 2006" WITNESS: tl~tl ({ ~l)ke~~ Mar~S.illJY ./ '---'-- '.1.,.; ,C i.. ,i \..-- v 1..,/" V\.j i..->- . v I..i I...- Ailnett'15heely '~/ 'rut /7 es, Inc., lmmer, President . > EXHIBIT "A" ALL THAT CERTAIN piece, parcel or lot of land, together with improvements, situated in Hampden Township, Cumberland County, Pennsylvania, and bounded and described as follows: BEGINNING at a point on the Eastern right-of-way line of South Deerfield Avenue ( fifty (50) feet wide ), said point being located a t the Southwestern corner of Lot No. 47; then along the Southern boundary line of Lot No. 47 North seventy-five (75) degrees forty (40) minutes thirteen (13) seconds East, for a distance of one hundred ten (110) feet, to a point at the Northwe:3tern corner of Lot No. 73; thence along the Western boundary line of Lot No. 73, South fourteen (14) degrees seventeen (17) minutes forty-seven (47) seconds East, for a distance of one hundred ten (110) feet, to a point on the Northern right-of-way line of Francis Drive ( fifty (50) feet wide); then along said right-of-way line South seventy-five (75) degrees forty (40) minutes thirteen (13) seconds West, for a distance of eighty-five (85) feet, to a point on the arc of a circle curving to the right, having a radius of twenty-five (25) feet, and an arc length of thirty-nine and twenty-seven one hundreds feet , to a point on the Eastern right-of-way line of South Deerfield Drive (fifty (50) feet wide ); then along said right-of-way line North fourteen (14) degrees nineteen (19) minutes forty-seven (47) seconds West, for a distance of eighty-five (85) feet, to a point and the place of BEGINNING. This piece, parcel or lot of land contains approximately 11,966 square feet of land, and is known and numbered as Lot No. 46 on the Final Subdivision Plan for Good Hope Farm:3 South - Phases X and XI, which is recorded in Cumberland County in Plan Book 89, Page 90. BEING PART OF the same premises which Thoms W. Gaughen, d/b/a TWG Real Estate Management Services, by Deed bearing date the 5th day of October, 1994, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on the 5th day of October, 1994, in Record Book 112, Page 1058, granted and conveyed unto The McNaughton Company, a PA corporation. UNDER AND SUBJECT TO restrictions and conditions as now appear of record. TAX MAP 10-19-1602-208 ~'-/ \"\ R r '-r:~) t:-- C-::, c '" ~ ~ ~ -, V---. V\ ~ . ~ '-"\ ~. - ~:... ,_'::'l' '> --') ~, - ~ r:> t" ~ t- ~ \(,\ " ~ ,