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CUMBERLAND PARTNERS-WESTPORT,
Owner
IN THE COURT OF COHMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
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CONEWAGO CONTRACTORS, INC.
Contractor
WAIVER OF LIENS
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CONTRACTOR'S WAIVER OF LIENS
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THIS AGREEMENT made thia I\~ay of ~J..ot{\;,-- , 1994, between
CWlIberland Partners-Ilestport, a Pennsylvania limited partnership, with its
offices at 37 Clouser Road, Mechanicsburg, Pennsylvania ("Owner") and Conewago
Contractors, Inc., a Pennsylvania corporation, with its offices in Hanover,
Pennsylvania ("Contractor"),
WHEREAS, by a duly executed written agreement dated January 27, 1994
(the "Contract"), Owner and Contractor have contracted for the construction of
a 525,000 sq, ft, Distribution Facility, (the "Improvementa") on the Property
situate in Lower Allen Township, CWlIberland County, Pennsylvania (the
"Property"), said Property being more particularly described in Exhibit "A"
attached hereto and by this reference incorporated herein; and
WHEREAS, no authorization has yet been given by Owner to Contractor
to commence its work or purchase materials for same; and
WHEREAS, no work has commenced on the Property and no labor or
materials have been delivered to the Property or furnished for the Improvements
by Contractor or any sub-contractor or materialman,
NOW, THEREFORE, the Contractor, for itself, its auccessors and
assigns and anyone else acting or claiming through or under it, for and in
consideration of the Contract and the considerations mentioned therein, and
intending to be legally bound hereby, does hereby agree as follows:
1, Waiver of Lien. Contractor hereby waives and relinquiahes all
rights to file a mechanics' lien, claim or notice of intention to file any lien
or claim and does hereby covenant, promise and agree that no mechanics' lien or
claim or other lien or claim of any kind whatsoever shall be filed or maintained
against the Improvements or the estate or title of Owner in the Property as
described in Exhibit "A" or the curtilage or curtilages appurtenant thereto, by
or in the name of Contractor or by or in the name of any subcontractor,
materialmen or laborers for work done or materials furnished under the contract
or by any other party acting through or under them or any of them for and about
the Improvements or the Property or any part thereof, or on credit thereof, and
that all subcontractors, materialmen, and laborers on the work shall look to and
hold Contractor personally liable for all subcontracts, materials furnished under
the contract for and about the erection, construction and completion of the
Improvements, or under any contract for extra work, or for work supplemental
thereto, or otherwise,
2. IndeDendent Covenant, Thia Agreement weiving the right of lien
shall be an independent covenent and shall operate and be effective as well with
respect to work done end materiala furnished under any supplemental contract for
extra work in the erection, construction and completion of the said Improvements
and as to any work and labor done and materials furnished under the Contract,
3. Public Notice, This Agreement shall be filed in the Cumberland
County Prothonotary's Office as public notice hereof,
IN WITNESS WHEREOF, the said parties, intending to be legelly bound
hereby, have caused this Contractor's Waiver of Liens to be executed the day and
year first above written,
ATTEST:
OWNER:
CUMBERLAND PARTNERS-WESTPORT
By: Cumberland Distribution
Services Company, Inc.
Cen al Partner
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(Asst,) Secretary
(SEAL)
ATTEST:
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(Asst,) Secretary ,
CONTRACTOR:
CONEWAC CONTRACTORS, INC,
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By:
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(Vice) President
( SEAL)
Lots 6A, 6B and 7 and Westport Drive as described and designated in
the subdivision plan entitled "PHASE I - WESTPORT LOTS 6A, 6B & 7 . SUBDIVISION
PU\N" prepared by H, Edward Black and Aaaoc1atea, P,C" dated September 30, 1993,
last raviaed January 25, 1994 and intended to be recorded on or about February
17, 1994 in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania.
EXHIBIT "A"
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