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Home My WebLink About06-5354 '" FR Cumberland Property Holding, LP ("Owner") Court of Common Pleas of Cumberland County vs. The Norwood Company ("Contractor") NO. O&.- 5' "JS'-I rn 1.. D ~ The Norwood Company ("Contractor") vs. ~ (, O~ FR Cumberland Property Holding, 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 August 29, 2006, as same may be amended or modified from time to time (the "Contract") for the construction of work for a warehouse and distribution facility, 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 lien(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 1ih day of September, 2006. CONTRACTOR: THE NORWOOD COMPANY Alte~~~ By: Jk Q~J~ [SEAL] , Arthur J. Po stiuk, Vice President OWNER: CONTRACTOR: FR Cumberland Property Holding, LP c/o First Industrial Investment, Inc. 311 South Wacker Drive, Suite 4000 Chicago, Illinois 60606 The Norwood Company 974 Marcon Boulevard Suite 220 Allentown, P A 18109 2 ., . EXHIBIT A Legal Description For McCoy Interstate Park West Lot 3A South Middleton and Dickinson Townships Cumberland County Pennsylvania ALL THAT CERTAIN piece, parcel, or tract ofIand being situated in South Middleton and Dickinson Townships, Cumberland County, Commonwealth of Pennsylvania, being, more fully bounded and described as follows to wit: BEGINNING on the existing concrete monument at the northwestern most comer of property owned by Lorin and Patricia Disque in Dickinson Township, D.H. 32-D, page 384, this being the Point ofBegjnning. Thence north 31 degrees, 31 minutes, 46 seconds west a distance of 428.31 feet to an existing concrete monument. From said monument, north 58 degrees, 28 minutes, 14 seconds east a distance of 1264.04 feet to a point, thence north 41 degrees, 10 minutes, 39 seconds east a distance of 14.23 feet to an existing concrete monument. From said monument, thence on a curve of delta equal to 120 degrees, 55 minutes, 14 seconds; radius equal to 70 feet; arc length equal to 147.73 feet; tangent equal to 123.52 feet; chord bearing north 70 degrees, 44 minutes, 35 seconds east; chord length equal to 121.80 feet to an existing concrete monument. From said monument, thence on a curve of delta equal to 48 degrees, 11 minutes, 23 seconds; radius equal to 50 feet; arc length equal to 42.05 feet; tangent equal to 22.36 feet; chord bearing north 34 degrees, 22 minutes, 32 seconds east; chord length equal to 40.82 feet to an existing concrete monument. From said monument, thence north 58 degrees, 28 minutes, 14 seconds east a distance of216.20 feet to a point, thence south 31 degrees, 32 minutes, 08 seconds east a distance of 101.05 feet to a point, thence south 31 degrees, 32 minutes, 08 seconds east a distance of 300.00 feet to a point, thence south 31 degrees, 31 minutes, 59 seconds east a distance of219.46 feet to a point at which an iron pin is to be set. From said iron pin, thence south 18 degrees, 11 minutes, 50 seconds east a distance of 380.07 feet to a point at which a concrete monument is to be set. From said concrete monument, thence south 67 degrees, 26 minutes, 21 seconds west a distance of 173.11 feet to a point, thence south 69 degrees, 45 minutes, 46 seconds west a distance of284.27 feet to a point, thence south 75 degrees, 11 minutes, 09 seconds west a distance of 211.99 feet to a point, thence north 14 degrees, 48 minutes, 45 seconds west a distance of 174.90 feet to a point, thence north 14 degrees, 48 minutes, 45 seconds west a distance of53.85 feet to a point, thence south 75 degrees, 11 minutes, 15 seconds west a distance of 175.00 feet to a point, thence south 14 degrees, 48 minutes, 45 seconds east a distance of 53.85 feet to a point, thence south 75 degrees, 11 minutes, 15 seconds west a distance of 726.00 feet to a point, thence south 56 degrees, 32 minutes, 15 seconds west a distance of 97.17 feet to an existing concrete monument, thus being the said Point of Begjnning. THE ABOVE-DESCRIBED PARCEL OF LAND CONTAINS 1,146,634 SQUARE FEET OR 26.32 ACRES, MORE OR LESS. f f ~ C1 ; f.....- -'11 (,l ---I "" , , - ...:) )..) C":i 0;;> ~ " -- 6\ C:... "- .11\ &