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Home My WebLink About94-04260 , .4, \ p'/'!",\vrn ~lll 1\ hili!ll I v. I I I I I I I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 1/1- 9Jurl Idt f) F,. rn NO. M.L.D.Y. 1994 WILLIAM CHANOFF, Owner/Borrower LEON E. WINTERMYER, INC., Contractor WAIVER OF LIENS WHEREAS, by Agreement dated June 17, 1994, William Chanoff, an adult individual, ("Owner/Borrower") contracted with Leon E. Wintermyer, Inc. ("Contractor") for work and services relating to the construction and construction supervision of a project upon the real estate described on Exhibit "A" attached hereto and made a part hereof; and WHEREAS, the project .Ls to consist of the construction of required public improvements on property in Hampden Township, Cumberland County, Pennsylvania, described on Exhibit "A" attached hereto, more fully detailed in the construction contract described above; and WHEREAS, Commerce Bank has agreed to lend and advance Five Hundred Fifty Thousand and 00/100 Dollars ($550,000.00) to Owner/Borrower to finance such construction ill consideration of, among other things, the execution of this Waiver. NOW, THEREFORE, Contractor, INTENDING TO BE LEGALLY BOUND HEREBY, does hereby, for Contractor and for any and all subcon- tractors, materialmen, employees and parties acting or claiming for, through or under Contractor, covenant and agree with Owner/Borrower and COlmnerce Bank that no mechanics' liens or claims shall be filed or maintained against the above-described real estate, or the building or improvements to be erected thereon, for or on account of any work done or materials furnished under said agreement or under any supplemental contract, verbal or written, or contract for extra work in or about the erection, construction and completion of said project, or otherwise; and Contractor, for Contractor and any and all subcontractors, materialmen, employees and parties acting or claiming through or under Contractor, hereby expresllly waives and relinquishes the right to have, file or ., maintain any mechanics' liens or claims against said real estate or buildings or improvements. This agreement waiving the right of lien shall be an indepen- dent covenant and shall operate and be effective as well with respect to work done and materials furnished under any supple- mental contract for extra work in the erection, construction, supervision and completLon of the said project as to any work and labor done and materials furnished under said agreement. In order to give Owner/Borrvwer and Commerce Bank full power and authority to protect the said real estate and buildings or any of them against any and all mechanics' liens or claims filed by Contractor or anyone acting or claiming for, through or under Contractor or in violation of this agreement, Contractor, for itself and all such aforesaid subcontractors, materialmen, employees and parties acting or claiming for, through or under Contractor, hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the commonwealth of Pennsylvania, or any attorney of any other court or jurisdiction there or elsewhere, to appear in any said courts or jurisdictions for Contractor and mark satisfied of record, at the cost and expense of Contractor, or any such subcontractor, materialman, employee or party, any and all claim or claims, lien or liens filed by or for Contractor or in its or their name against the said real estate, buildings; a copy of this Agreement, and a reference to the court, term and number or place in which this agreement and waiver shall have been filed shall be sufficient exhibit of the authority herein contained to warrant such action; and Contractor, for itself and all such parties, does hereby remise, release and quitclaim unto Owner/Borrower and Commerce Bank, and their and each of their certain attorney or attorneys, any and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or anywise touching or concerning the same. This agreement and waiver is made and intended to be filed with the Prothonotary of the Court of Common Pleas of Cumberland County, pennsylvania, or other proper place in which the above- described lands are located. It is expressly understood that the foregoing waiver and all of the provisions and remedies herein contained shall be available to and for the protection of Commerce Bank, mortgagee of said premises, its successors or assigns. In the event Contractor consists of more than one person, firm or corporation, the undertakings hereunder of each of such persons, firms or corporations shall be joint and several, and the word "Contractor" shall mean all or some or any of them. For the 2 . I EXHIBIT "A" ALL THAT CERTAIN lot or tract of land situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, mOl'e particularly bounded and descried as follows, to wit: BEGINNING at a point on the eastern right-of-way line of Battersea Parkway at the dividing line of Lot No. 101 and Lot No. 138 as shown on hereinafter mentioned plan of recording. THENCE BY aforementioned dividing line South 37 degrees 08 minutes 26 seconds East 123.24 feet to a point on the southern lot line of Lot No. 137; thence by aforementioned lot line South 56 degrees 14 minutes 20 seconds East 129.30 feet to a point on the southern lot line of Lot No. 136; thence by aforementioned lot line North 82 degrees 07 minutes 11 seconds East 79.69 feet to a point on the southern lot line of Lot No. 135; thence by aforementioned lot line and that of Lot No. 134 and Lot No. 133 South 59 degrees 01 minute 13 seconds East 221.71 feet to a point on the western lot line of Lot No. 131; thence by aforementioned lot line and that of Lot No. 130 South 03 degrees 49 minutes 47 seconds West 181.41 feet to a point; thence by the southern lot line of Lot No. 130 South 66 degrees 42 minutes 50 seconds East 10.61 feet to a point; thence by same South 59 degrees 01 minute 13 seconds East 90.00 feet to a point on the eastern line of Lot No. 1l0; thence by aforementioned lot line and crossing Haymarket Way South 30 degrees 58 minutes 47 seconds West 160.00 feet to a point on the southern right of way of Haymarket Way; thence by aforementioned right of way South 59 degrees 01 minutes 13 seconds East 2.46 feet to a point on the eastern lot line of Lot No. 21; thence by aforementioned lot line South 30 degrees 58 minutes 47 seconds West 130.00 feet to a point on the northern line of storm water Detention basin "C" Hampden Court Phase 2, recorded in Plan Book 60 at Page 125; thence by aforementioned line North 59 degrees 01 minutes 13 seconds West 190.00 feet to a point; thence by same North 54 degrees 27 minutes 23 seconds West 52.95 feet to a point; thence by same South 79 degr.ees 30 minutes 56 seconds West 183.36 feet to a point; thence by same North 66 degrees 13 minutes 43 seconds West 43.51 feet to a point; thence by same North 79 degrees 30 minutes 56 seconds West 121.69 feet to a point; thence by same South 25 degrees 54 minutes 09 seconds West 9.37 feet to a point on line of lands of now or formerly O'Donnell Pontiac, Inc.; thence by aforementioned line of land North 66 degrees 13 minutes 43 seconds West 278.45 feet to a point; thence by same South 11 degrees 26 minutes 02 seconds East 609.43 feet to a point on the northern right of. way line of the Carlisle Pike; thence by aforementioned right of way line North 68 degrees 04 minutes 3~ seconds West 47.25 feet to 11 point on line of lands of now or formerly L. B. Smith! thence by afo:-:ementioned lil\e of lands North 11 degrees 30 minutes 56 seconds West 724.93 feet to a point on the western right of way line of Haymarket Way! thence by aforementioned right of way line South 69 degrees 52 minutes 40 seconds East 20.71 feet to a point! thence by same by a curve to the left having a radius of 75.00 feet an arc length of 57.12 feet to a point! thence by same North 66 degrees 28 minutes 58 seconds East 102.00 feet to a point! thence by same by a curve to the right having a radius of 125.00 feet an arc length of 42.87 feet to a point! thence by S8me by a curve to the left having a radius of 15.00 feet an arc length of 19.23 feet to a point on the Western right of way line of Battersea Parkway! thence by aforementioned right of way line by a curve to the right having a radius of 321.26 feet an arc length of 149.15 feet to a point! thence by same by a curve to the right having a radius of 1028.16 feet an arc length of 99.80 feet to a point! thence by a curve to the left having a radius of 25.00 feet an arc length of 38.08 feet to a point on the southern right of way line of Edgeware Road! thence crossing Edgeware Road North 47 degrees 33 minutes 37 seconds East 50.00 feet to a point on the northern right of way line of Edgeware Road! thence by a curve to the left having a radius of 25.00 feet an arc length of 38.08 feet to a point on the Western right of way line of Battersea Parkway! thence by aforementioned right of way by a curv~.'to the right having a radius of 1028.16 feet an arc length of 104.08 feet to a point; thence crossing Battersea Parkway South 33 degrees 55 minutes 07 seconds East 50.00 feet to a point on the eaetern right of way line of Battersea Parkway! thence by aforementioned right of way line by a curve to the left having a radius of 978.16 feet an arc length of 55.01 feet to a point being the place of BEGINNING. BEING Phase 4 Hampden Court CONTAINING 9.8383 acres BEING all of Hampden Court - Phase 4 as reflected on ,that certain final eubdivision plan for Hampden Court Phase 4 recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book ~ at Page )~ . ':1"", I ,-! ,',', i: ," : ~ 1 " I , r ':i 11'1' .,' " , J! ",1, " "I'" "".,,,....,,,.: IlRljll''''''''''''\''H,~l\I'I,..''\lIMt,II'~~lIl:lllllllf/lollil.flllillllll.i' "., .. 1$" oa III 'III or L~~~~a~~~::Tl~yY eUr\Wty~~~~a'n \,,' ;) fl~ C((. 6780 111 /3"1 roo tJ " BJ J.p. " ., I"J " .' tu b(-SO I f ~ fJ rt.r#.,.., " ~ , ., i'l , " , , 1"'1 " , , , , " J, , , , " 1_..___......._~......~,.MtoM~j_..,....,~_,_towoo........__."......."l.....-:'....,_'.................-....._"~'..':'~-' " ;1, .,;..' , 'i" ;;,',- 1 j;" ... "Ii'''' " , , I , , ~ .. " . 4 . ' .. .' ., " " '1;, rH...... , , " i , '-'I ill :J I " " " ." " , , , !( ".