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Home My WebLink About06-4631 ~ ~ Old Gettysburg Associates IV, LP ("Owner") Court of Common Pleas of Cumberland County vs, The Norwood Company ("Contractor") NO, OL-4t.ll t?1Lf) 7~ The Norwood Company ("Contractor") vs, Re: Executive Office Park Building IV Old Gettysburg Associates IV, LP ("Owner") WAIVER OF LIENS Contractor, for itself and any subcontractors, materialmen, and anyone else acting through or under it, covenants and agrees with Owner, that no mechanics' liens or materialmen's liens or claims shall be filed or maintained by it, them or any of them, against the real estate more fully described in Exhibit "A" attached hereto, and the buildings and other improvements now or hereafter located therein, or the curtilage or curtilages appurtenant thereto, (together the "Premises"), for or on account of any work to be done or materials to be furnished under an agreement between Owner and Contractor, dated as of July 7, 200i, as same may be amended or modified from time to time (the "Contract") for the construction of work for Executive Office Park Building IV, as more particularly described in the Contract (the "Project"), Contractor, for itself and any subcontractor, materialman and anyone else acting or claiming through or under it, hereby waives and relinquishes all rights to file such a mechanics' lien, claim or notice of intention to file any such lien or claim, This Waiver is a separate and independent covenant; and shall be operative and effective with respect to all work and labor to be done and materials to be furnished under the Contract, or under any supplemental contract or for extra work in the erection, construction, renovation or completion of the said building or buildings or other improvements, or any of the curtilages appurtenant thereto, In order to give Owner full power and authority to protect itself and the Premises against any and all liens or claims filed by the Contractor (and any subcontractor, materialman and anyone else acting or claiming through or under it) or any violation of this Waiver, Contractor, for itself and for any subcontractor, materialman and anyone else acting under or through it, hereby irrevocably authorizes and empowers any attorney of any court of competent jurisdiction of the Commonwealth of Pennsylvania to appear as 1 ,~ ... attorney for it, them or any of them, in any such Court and, in its name or names, (a) mark satisfied of record, at the cost and expense of Contractor, any and all claim(s) or Iien(s) filed in violation of this Waiver, or (b) cause to be filed in connection with such claim(s) or lien(s) (in the name of Contractor and/or any subcontractor, materialman or anyone else acting under or through it) any pleading or instrument, or any amendment to any pleading or instrument previously filed by it or them, to incorporate this Waiver as part of the record, and for such act or acts this Waiver shall be good and sufficient warrant and authority; and Contractor for itself, and for any subcontractor, materialman or anyone else acting under or through it, does hereby remise, release and quit-claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in filing such pleading, instrument or amendment in any way concerning them, Owner shall have the absolute right in its name or in the name of Contractor, or any subcontractor, materialman or any other person who shall have filed a claim or lien, to cause any and all such claims or liens to be discharged by any other instrument, pleading or proceeding permitted by law or in equity, IN WITNESS WHEREOF, the undersigned, has caused this Waiver to be duly executed this 11th day of August, 20~, CONTRACTOR: THE NORWOOD COMPANY Attest~~L"Jz. By: SEAL] uk, Vice President OWNER: CONTRACTOR: Old Gettysburg Associates IV, LP c/o Select Capital Commercial Properties, Inc, 4718 Old Gettysburg Road, Suite 405 Mechanicsburg, PA 17055 The Norwood Company 530 Brandywine Parkway West Chester, PA 19380 2 ~. " Exhibit A ALL that certain piece, parcel or lot of land situate on the westerly side of Old Gettysburg Road in Lower Allen Township, Cumberland County, Pennsylvania, and being more fully bound and described as follows: BEGINNING at a concrete monument on the westerly right-of-way line of Old Gettysburg Road at the southeastern comer oflands now or formerly Old Gettysburg Association recorded in Deed Book 34-J, Page 383; thence along said lands N 33026'45" W a distance of 381.93 feet to a concrete monument; thence continuing along said lands N 27030'02" W a distance of 92.35 feet to the southwestern comer of said lands, said point also being the Point of Beginning, From said Point of Beginning thence N 26054'03" W a distance of 408,79 feet to a point at the terminus of the southerly right-of-way line of Century Drive; thence N 63005'57" E a distance of 23.30 feet; thence N 40045'54" E a distance of 68.99 feet; thence S 88053'50" E a distance of 81.55 feet; thence N 40045'54" E a distance of 18.66 feet; thence N 49014'06" W a distance of 62,78 feet; thence N 40045'54" E a distance of 220.46 feet; thence N 65037'08" E a distance of 74.00 feet; thence along lands now or formerly John R. & Doris J. Kennedy, lands now or formerly Floyd E, Gouse, lands now or formerly Dorsey H. & Annie F. Fry, lands now or formerly Floyd E. Gouse, lands now or formerly Dorsey H. & Annie F. Fry, and along the western terminus of Florence Avenue S 24022'52" E a distance of 426.84 feet to a point on the terminus of Florence Avenue; thence S 47021 '49" W, along the western boundary line of said lands of Old Gettysburg Association, a distance of 427 ,62 feet to the Point of Beginning. CONTAINING 4.04 acres more or less, ~ ........ "'\) ........ ~ ""<l ~ ~ & v r ~ (- I t ~ ~~ , (') g ~ c:: <:r" ::;:I -o~ ~ ft;i1J rnrT" G? -om6 2!- ::0 /~r,." _ b <!J ;;.~. =? -rt ~C, ~ ~~ ~b _ 9.~ ..w c_ ... ~ w