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Home My WebLink About01-5386 WAIVER OF LIENS [COMMONWEALTH OF PENNSYLVANIA] WHEREAS, the tmdersigned Owner,'~k~,h, c'~ I ('x~[.~:~ ~ .~as entered into a carfare construction agreement_described on. Exhibit Al hereto (the Contract ) -anth .~.e undersigned Contractor, ~-~::~x-~k,~2~(~--xX~-?~uox~,~-x(the Contractor ), to provicle materials and perform labor necessary'~or the construction o{ certain improvements as described on Exhibit "AT hereto on the property identified on Exhibit "ATM hereto and which is further described on Exhibit "B" hereto (the "Property"); and Aq-IEREA$, as a condition of the Contract, Contractor has agreed to execute a waiver of mechanics' liens. NOW, THEREFORE, Contractor, in consideration of the foregoing and for other good and valuable cm~sideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, agrees with Owner and all subsequent owners of the Property, as follows: Contractor, for itself and any laborers, workers, subcontractor(s) and anyone else acting through or ~mder it, represents, warrants, covenants and agrees that no mechanics', materialmens' or other liens, encumbrances or claims shall be or have been filed or maintained by it, them or any of them, against the improvements which are the subject of this waiver or the Property, for or on account of ;my work to be done or materials furnished under the Contract ;md/or by or through Contractor. Contractor, for itself and any laborers, workers, subcontractor(s) and anyone else acting or claiming through or under it, hereby irrevocably and forever waives and relinquishes any and all rights to file a mechanics', materialmens' or other lien, encumbrance or claim or notice of intention to file any of the foregoing. This waiver is and shall be construed as a separate and independent covenant and shall be operative and effective with respect to any and all work or labor done and materials subsequently furnished under any supplemental contract or contracts for extra, different or subsequent work and/or materials, although the covenant might not be referred to therein, as well as to work and labor to be done or materials to be furnished under the Contract. In order to give Owner full power and. authority to protect itself and the Property and the work against any and all liens or claims filed by Contractor or any laborers, workers, subcontractor(s) mid anyone else acting trader or tkrough it or them in violation of this waiver, Contractor, for itself and for any and all laborers, workers, subcontractor(s) and anyone else acting under or through it, as well as their respective heirs, personal representatives, successors and assigns, hereby irrevocably authorizes and empowers any attorney of any court of competent jurisdiction of the Commonwealth of Pennsylvania, or elsewhere, to appear as attorney for it, them or any of them, in any such Court and, in its name or their names mark satisfied of record, at the sole cost and expense of Contractor and of any others filing such lien or claim through LNI 20629vl 04/21/00 PAGE O8/28,'2001 TUE 16:13 F\X ~00S,'010 Contractor, any and all claim or claims, lien or liens filed in violation of this waiver or caused to be filed in cormec qon with such claim or claims, lien or liens (in the name of Contractor or any laborer, worker, subcontractor or anyone else acting under or through it), any pleading or instrument, or may amendment to any pleading or instrument previously filed by it or them, to incorporate therein as part of the record this waiver and for such act or acts this waiver skall be good and sufficient warrant and authority, and Contractor for/.tself, and for them, does hereby forever remise, release and quit-claim all rights and all. manner of enms, defects and imperfections whatsoever in entering such satisfaction or in filing such pleading, instrument or amendment or in any way concerning them. Owner shall have the absolute right in its name or in the name of Contractor, or atzy subcontractor, or any other person who shail have filed a claim.or lien, to cause any and all such clazms or liens to be discharged by any other' insmJment, pleading or proceeding perm/ned by equity. Contractor, any subcontractor and any other person who shall have filed any such claim or lien shall indemnify, defend and hold Owner free and harmless against the claim or lien, and against all direct, indirect and consequential damages, claims, costs, expenses and other losses resulting in any way from the filing of any claim or lien, and shall pay or cause to be paid to Owner fire amount of its loss, ~Sth interest and all expenses incident to their having discharged or attempting to have discharged the claim or lien, including attorneys' fees, costs and other disbursements. Contractor hereby ~epresents and warrants that no work of ~q_ny kind or nature has yet been done on the Property, under the Contract or otherwise, and no materials whatsoever have as yet been furrfished to the Property by anyone under, toward or in com~ection ~x4th the execution or performance of the Conlract and that no such work shall be done and no such materials shall be furnished until receipt of notice from Owner authorizing the same. Contr,ncto,r, intending to be legally bound hereby, has executed thi~, Waiver of Lie, Lgs th/s Name(s): Address: Attest: [Corporate Seal] 1.N1 20629,'1 04/21/00 EXHIBIT "A' I. Contract: Parties: Owner and Contractor Date: 5,- '~-e~ II. Improvements: IlL Property: LNI 20629vl 04/21/00 007/010 EXI-IIBIT "B" LEGAL DESCRIPTION OF PROPERTY .4LL TI-Z4 T CERT,41N tract or Parcel of land and premises, situat~ lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: LOTNO. 1 BEGINNING at a point at the corner of proposed Lot #2 and Brackbill Blvd., a SO foot right of way; thence along Brackbill Blvd., a SO foot right of way, north 51 degrees 15 minutes O0 seconds east, 100. O0 feet to a point at the corner of ex~ting Tract #1, land now or formerly of Dean G. Keller and Marian i.. Keller. his wife; thence along said land and along part of land now or formerly of Clarence F~. and Ruth R. Gamble, south 35 degrees 15 minutes O0 seconds east, 200. OO feet to a point; thence along lands now or formerly of Clarence ~. ~nd Ruth F. Gamble, south 51 degrees 15 minutes O0 seconds west, to a point at the comer of Lot No. 1 and proposed Lot No. 2; thence along proposed Lot No. 2, no-th 35 degrees 15 minutez O0 seconds west, 200. OO feet to a point, the point and place of BEGINNfNG. CONTAINING 14963 s~ feet or ~ 46 acres. ---~D.~ .. _ .... -- ~._- BEING~THE SAME PREMISES which Dean G. Keller and Marian I. Keller, h/w, by ~heir deed ~ated April 7, 2000, and recorded April 17, 2000, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Record Book 219, Page 508, granted and conveyed unto David W. Orr, Mortgagor herein. I1' 18:13 FAX COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS .~ I ON THIS, the'"~'~x day of~rk~ , 200~, before me, the undersigned officer, personally appeared-~'~----~X.-; ~ kC_2~_~'~[ ~ ~ , who acknowledged b, er/himself to be the Owner identified in the forego~g Waiver of Liens, and that s/b.e, being duly authorized so to do, executed the foregoing Waiver of Liens for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC My Commission Expires: [Notarial Seal] Notarial Seal Carol L. Troxeil, Nota[y Public Lebanon, Lebanon County btF C,o,~misslon Eap~res D~C. 27, 2001 LNI 20629vl (~4/21/00 AUG 28 2~1 18:15 2001 TUE 16:13 FAX COMMONW'EztLTH OF PENNSYLVANIA : : SS COUNTY OF I,-[~c~._x,t-&2 : ON THIS, th~ ~___ day o~, 200~ before me, the undersigned officer, personally appcazed~,xlkk .~x~x~xc~xe.~.~ , who acknowledged her/himself to be the C->~e._ - ' of ~t~_~ ~_~. ~,, l' ~all4. a , thc Contractor identified in the foregoing W~i'~er of Liens, and that s/he, as such ofl]cer, 'acing duly authorizcd so to do, executed the foregoing Waiver of Liens for the purposes thcrcin contained by signing the name of the Contractor by her/himself as such officer. IN WITNESS WHEREOF, I heremlto set my hand and official seal. NOTARY PUBLIC My Commission Expires: [Notarial Seal] Notadal Seal Carol L. Troxell, Notary pu, blic Lebanon, Lebenen County I~Commi~ion Ex~re~ D~c, 27, LNI 20629vl 04/21/¢0 PUG 28 2¢01 18:15 P~P.~8