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Home My WebLink About06-3420 t , O~ -d'lUJ fY7L]) T~ ORIGINAL WAIVER OF LIENS Whereas, COUNTRY SIDE VILLAGE HOMES, INC., of 490 Millway Road, Ephrata, PA 17522 ("Contractor") and MRZ FAMILY LP, of 490 Millway Road, Ephrata, PA 17522 (the "Owner") entered into a certain contract ("Contract"), whether written or oral, for the performance of certain work and improvements (collectively, the "Improvements") on certain real property located in Southampton Township, Cumberland County, Pennsylvania (the "Premises"), as described on Exhibit A and in deeds recorded in the Cumberland County Recorder of Deeds Office at BookNolume 252, Page 1454, and BookNolume 266, Page 1692. Now therefore, in consideration of the execution and delivery of the Contract and intending to be legally bound hereby, Contractor, for itself, its successors and assigns, and all subcontractors and other parties acting through or under it or them, does hereby covenant, promise and agree that no mechanics' liens or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the Improvements or the Premises or any part or parts thereof or the appurtenances thereto, by Contractor or by any subcontractors, material suppliers, laborers or others for work done or for any tolls, equipment, materials or supervision or other services furnished under the Contract or any subcontract and supplements thereto, written or oral, or by any other party acting through or under them, or any of them, for and about the Improvements, the Premises or any parts thereof, or on credit thereof. This Waiver of Liens shall be an independent covenant and shall operate and be effective as well with respect to work done and materials and services furnished under any supplemental contract for extra work in connection with the construction of the Improvements as to any work and labor done and materials furnished under the Contract. In order to give Owner full power and authority to protect itself, and the Improvements and the Premises against any and all claims filed by Contractor, or by any subcontractor or anyone acting under or through Contractor in violation of the foregoing covenant, Contractor, for itself, its successors and assigns, and all such persons, hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to appear for it, them or any of them, in any such Court as Attorney for it or them, and in his, its or their name, mark satisfied of record, at the cost and expense of the Contractor or of any such subcontractor, laborer or material supplier, or in its or their names, any and all mechanics' liens or claims or other liens or claims of any kind whatsoever filed or maintained against the Improvements or the Premises or any parts thereof or the appurtenances thereto, and for such act or acts this shall be good and sufficient warrant and authority and reference to the Court and to the Docket in which and where this instrument shall have been filed shall be a sufficient exhibit of the authority therein contained to warrant such action, and the Contractor, for itself and all subcontractors, laborers, and material suppliers, does hereby release all errors and defects whatsoever in the entry of any such satisfaction or the exercise of the authority hereby conferred. Contractor further indemnifies Conestoga Title Insurance Co. and its agents and approved , . attorneys for any and all claims, expenses, attorney fees, and damages related to or arising from any threatened or actual filing of any mechanics' or other lien or claim by it or by any subcontractor, laborer, or material supplier performing services related to a subcontract or similar arrangement with Contractor, regarding the Premises or the Improvements. THIS WAIVER OF LIENS may be filed in the Office of the Prothonotary of Cumberland County, Pennsylvania, pursuant to the provisions of the Act of August 24,1963, P.L. No. 497, as supplemented and amended, and the receipt for such filing will be delivered to Owner. WITNESS the due execution hereof this ~ day of ~ V~ ,2006. CONTRACTOR: COUNT~Y SIDE VILLAGE HOMES, INC. /~ ~~ ~ By:" ~' /. ahlon . i~erman, President 2 . . EXlllBIT A ALL of the following tract of land situated in Southampton Township, Cumberland County, Pennsylvania pursuant to a "Final Subdivision Plan for Country Manor" by Eric L. Diffenbaugh, PLS dated December 8, 2005, and recorded May 24, 2006 in the Cumberland County Recorder of Deeds Office in Plan Book 92, page 79, being more fully bounded and described as follows: BEGINNING at a point in the center of Airport Road at lands now or formerly of Shippensburg Village and Terry Wagner, thence by lands now or formerly of Terry Wagner South 00 degrees 07 minutes 43 seconds East 218.80 feet to a point along the east side of Burd Run, thence along lands now or formerly of Terry Wagner, Charles Coldsmith and Sheldon Harris South 50 degrees 52 minutes 38 seconds East 462.00 feet to a point on the east side of Burd Run, thence along lands now or formerly of Juanita Doyle South 37 degrees 52 minutes 10 seconds West 14.52 feet to a point in Burd Run, thence along the same South 51 degrees 02 minutes 30 seconds East 123.70 feet to a point in Burd Run, thence along the same North 38 degrees II minutes 40 seconds East 14.15 feet to a point, thence along the eastern side of Burd Run and Lot 46 South 50 degrees 46 minutes 23 seconds East 62.53 feet, thence along the same South 72 degrees 59 minutes 21 seconds East 75.75 feet to a point, thence along the same South 83 degrees 38 minutes 25 seconds East 339.07 feet to a point in the center of Airport Road in the bridge crossing Burd Run, thence along the centerline of Airport Road South 65 degrees 54 minutes 25 seconds East 250.33 feet to a point at the western right-of-way line of Interstate 81, thence along the western right-of-way line of Interstate 81 South 29 degrees 01 minutes 03 seconds West 617.99 feet to a point, thence along the same South 37 degrees 44 minutes 57 seconds West 112.26 feet to a point at lands now or formerly of the Norfolk Southern Railways, thence along lands now or formerly of the Norfolk Southern Railways North 79 degrees 45 minutes 24 seconds West 201.97 feet to a point, thence along the same North 89 degrees 45 minutes 16 seconds West 201.60 feet to a point, thence along the same North 79 degrees 45 minutes 24 seconds West 646.71 feet to a point at lands now or formerly of Shippensburg Village, thence along lands now or formerly of Shippensburg Village North 09 degrees 15 minutes 46 seconds West 166.13 feet to a point, thence along the same North 22 degrees 46 minutes 16 seconds West 676.04 feet to a point, thence along the same North 49 degrees 00 minutes 46 seconds East 731.74 feet to a point in the center of Airport Road the POINT OF BEGINNING. CONTAINING 29.0088 Acres BEING A PART OF THE SAME PREMISES which Evelyn L. Swisher, by Deed dated June 7, 2002 and recorded June 21, 2002 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 252, page 1454, granted and conveyed unto MRZ Family LP. . . ~ N ~ (') C:? (:'J ~ c.-:-? f; Q' .-1 N \ ""'- <-, -c. -n h L-: fl1p ~ - _nPi ~ .- -~")c:) 0'" "" ..1-, --I, ..... ~ ~' ti '--."'~ :_" en ~ -.,. ~ ~ ,.0 ,?, ~ -"L"" 0 ~ ~ ....:) ,,, ~ :b t=- ~ GIBBEL KRA YBILL & HESS AITN PAITI J KULP 41 EAST ORANGE STREET LANCASTERPA 17602