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HomeMy WebLinkAbout06-3137 , ~ - .2/21 1111)) "T~ RELEASE AND WAIVER OF LIENS We, the undersigned, general or subcontractors, materialmen or other persons furnishing services or labor or materials, as indicated under 0 r respective signatures below, ir:l the construction or repair of improvements upon rea estate, known as 18-24 East King Street, Shippensburg, Pennsylvania, owned y The 1824 King Street Partnership, and described on Exhibit A attached hereto. In consideration of the sum of One ($1.00) DOLLAR to each f us in hand paid, receipt whereof is hereby acknowledged, and for other good and val able consideration, and in consideration of the other benefits accruing to us, we do here y, for ourselves, our employees, our sub-contractors and materialmen, and all oth r persons acting for, through or under us, waive, relinquish and release all right to ile or to have filed or to maintain any mechanics' lien or liens or claims against the sa d building or buildings and appurtenant facilities and structures and real estate appurten nt thereto. This Release and Waiver of Liens is executed and given in favor of and for the benefit of each and every party legally or equitably, now or hereafter, owning an i terest in the subject property and to any party who has made or who in the future akes a loan or loans secured on said real property and improvements and his, its r their successors and assigns andlor the title company or companies examining an lor insuring the title to said real estate; and we, do further warrant that we have the full ri ht to execute this Release and Waiver of Liens and to bind the parties on whose behalf e have affixed our signatures herein below. This Release and Waiver of Liens hall be an independent covenant and shall operate and be effective as well with resp ct to work and labor done and materials furnished under any supplemental contract or ontracts, whether oral or written, for extra or additional work, and for any other and fu her work done or materials furnished at any time with respect to the subject property su equent to the execution of this Release and Waiver of Liens. ALL of the subscribers to this instrument respectively warran that all laborers now employed or to be employed by them upon the aforesaid pre ises have been or will be fully paid and that if work has been performed none of such I borers have any claim, demand, or lien against said premises; and further, that no c attel mortgage, conditional bill of sale or retention of title agreement had been given or xecuted by the said owner or any general contractor or other party or any of us, for or in connection with any material, appliances, machinery, fixtures, or furnishings plac d or to be placed upon or installed in the aforesaid premises by any of us, other than: la It is understood and agreed that any and all signatures heret are for all services rendered, or yet to be rendered, work done or yet to be don ,and material furnished or yet to be furnished by the signers in any and all capacities, d are not understood to be only for the particular item against which the signature is affi ed, and further that the undersigned, if not the principal, have the authority to bind t e principal to this release_ Witness the following signatures and seals this JA day 0 COLLEGE TOWN, INC. ~ (SEAL) General Contractor TING AND COOLING, LLC lie: M ... Subcontr ctor ~ (SEAL) BRECHBILL AND HELMAN Cy~~ Subcontractor , COMMONWEALTH OF PENNSYLVANIA COUNTYOF~ SS I, Duaine A. Collier, partner, ofThe 1824 King Street Pa nership, the undersigned, having been duly sworn, do now depose and say that the p rsons, firms and corporations who have executed the attached Release and Waiver of Lie s are ALL of the persons, firms and corporations who will furnish and/or have furnishe services, labor, or materials in the construction or repair of improvements on the real est te described in said release as of the date of this affidavit. Subscribed and sworn to before the undersigned, a Notary Public, for the Count~f Franklin, State of Pennsylvania, thi~--aay of May, 2006. ~J~ Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Bever1y S. Hawbaker, Notary Public Chambenlburg Boro. Franklin County My Commission Expires Dee, 15, 2009 Member. Pennsylvania Association of Notaries '-- , CTA0616 EXHIBIT A 10-16 East King Street ALL that certain lot of ground with the buildings and improve ents thereon, situate in the Borough of Shippensburg, Cumberland County, Pen sylvania, bounded and described as follows: BEGINNING at a point on the South side of East King Stre t at line of land now or formerly of John H. Gates; thence with the said Gates land t e following courses and distances: South 30 degrees 15 minutes East to a point, 45. feet from the southem curb line of East King Street; thence South 59 degrees 15 inutes West, 3.2 feet; Southerly by Gates' building, 97.2 feet; North 59 degrees 15 inutes East, 12.5 feet; South 30 degrees 15 minutes East, 133.8 feet to the northern s de of East Neff Avenue; thence along the North side of East Neff Avenue, 51 feet, mor or less, to line of land now or formerly of Robert E. Shoemaker; thence with the sam , North 24 degrees 42 minutes West, 120 feet, more or less, to a point; thence contin ing with the same in a Westerly direction 26.1 feet, more or less, to line of land now r formerly of Harold D. Best; thence with the same in a Northerly direction 137 feet, m re or less, to the South side of East King Street; thence with the same, North 59 degree 15 minutes East, 67.1 feet, more or less, to the first mentioned point and place of begin ing. 18-24 East King Street TRACT NO.1: ALL that certain lot of ground having th reon erected a brick commercial building, situate on the South side of East Kin Street, Borough of Shippensburg, Cumberland County, Pennsylvania, bounded and escribed as follows: ON the East by property now or formerly of Forest N. Myers; on the South by a public alley; on the West by property now or formerly of Charles Mallio ; and on the North by East King Street Said lot having a frontage on East King Stree of forty-six (46) feet, more or less, and extending in depth to the alley in the rear 0 hundred fifty-seven (257) feet four (4) inches, and known as Nos. 18-24 East King Str et. EXCEPTING and RESERVING thereout and therefrom all that rtain narrow strip of ground situate in the Borough of Shippensburg, Cumberland ounty, Pennsylvania, which John H. Gates and Sandra K. Gates, his wife, by their dee dated May 1, 1964, and recorded in the Recorder of Deeds Office of Cumberland Co nty, Pennsylvania, in Deed Book "E", Volume 21, Page 831, granted and conveyed unt George W. Hosfeld and Richard H. Hosfeld and John B. Hosfeld, as tenants in commo . I ' TRACT NO.2: ALL that certain narrow strip of ground ituate in the Borough of Shippensburg, Cumberland County, Pennsylvania, bounded a d described as follows: BEGINNING at a point at the intersection of the Western b ilding wall of Tract No. 1 above and the building wall of property now or formerly of Charles Mallios which said point is South 30 degrees 15 minutes East, 45.1 feet from the outhern curb line of East King Street and North 59 degrees 15 minutes East, 116.5 ~ et from the Eastern curb line of South Earl Street; thence along the building of pro erty now or formerly of Charles Mallios, South 59 degrees 15 minutes West, 3.2 feet another wall of the said Mallios building; thence along said Mallios building wall in a outherly direction 85 feet to the end of said building wall; thence continuing in a South rn direction along line of land now or formerly of Charles Mallios and building wall of Tr ct NO.1 above, 12.2 feet to the end of said building wall; thence by other lands now or f rmerly of Charles Mallios and the Southern building wall of Tract NO.1 above in an ea terly direction 2,5 feet to line of lands of Tract No.1 above, North 30 degrees 15 minu s West, 97.2 feet to the first mentioned point and place of beginning. 0 '" c = 0 = ~ .~ -"',"' 0" -n -;G -- ~'I: ' <- :i! ~ c:: ~ ""- f11:n r- 8 urn ~_I)C;: c^ d- ~ .-' -l,J - W ..", ?5=[i ~ ~ ::::l:: ,-0 ~ ~ ~~~ - brn ,~ .. --I =< (.11 55 W CY~ <..v -< ---. ~t r-f f r