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Home My WebLink About95-06351 '#Qi)-lo351 A n\e. ~\ (.6.1\ "b \.l~ ~ i~i+c.d P4r+ne.rsh.1 p ANO }...o '0 Q,~ Asso~. \J~. ~ ~. . JLv f} \' - I. 1 'i I (l,...J '-rt~ Project Name AMERICAN HOUSE ,) . e (...1.- __ ). "oJ ~- '''' -..: 0"\ , , ~.::. ;, _i 1'._:. W AIVER OF LIENS. CONTRACTOR , . .' ", .. -I . ~ . -f, ,. :.' 1)1 '-u ::r:: ,.. ,. ~.~' W <.n KNOW ALL MEN BY THESE PRESENTS, That contemporaneously with the execution hereof, an sgreement has been entered into between, AMERJCAN HOUSE LIMITED "'v",," PARTNERSHIP, a Pennsylvania limited partnership, with a principal place of business at 1514 Deny Street, Harrisburg, Pennsylvania 17104, ("Owner"), AND LOBAR ASSOCIATES, INC, a Pennsylvania corporation, with a principal place of business at 4 Barlo Circle, P,O. Box 432. Dillsburg, Pennsylvania 17019-0432, ("Contractor") relating to the construction andlor rehabilitation of a housing project upon the real estate localed at 20-26 Market Street, Mechanicsburg, Cumberland County, Pennsylvania, and described in Exhibit A, attached hereto and made a part hereof (the "Agreement"); and, WHEREAS, PENNSYLVANIA HOUSING FINANCE AGENCY has agreed 10 lend and advance certain funds to Owner to finance such rehabilitation of the housing project in consideration of the execution oflhis Waiver. NOW, THEREFORE, intending to be legally bound hereby, at the time of and immediately before the execution of the Agreemenl, and before any authority has been given by Owner to Contractor to commence work on said housing project, for and in consideration of the making of the Agreemenl with Owner, Contractor does hereby, for Contractor and any and all subconlraclors, material suppliers and parties acting or claiming for, through or under Contractor, including, inter alia, any mechanical or electrical engineer, construction engineer or civil engineer, covenant and agree with Owner and PENNSYLVANIA HOUSING FINANCE AGENCY that no mechanics' liens or claims shall be filed or maintained by Contractor, or any of them, against the real estate described in Exhibil A attached herelo, or the buildings thereon, for or on account of any work done or materials furnished under the Agreement or under any supplemental contract, verbal or wrilten, or contract for extra work In or abOUI the rehabilitation andlor construction snd completion of the housing project, or otherwise; and Contractor, for Contractor and any and all subcontractors, malerial suppliers and parties acting or claiming through or under Contractor, including, inter alia, any mechanical or electrical engineer, construction engineer or civil engineer, hereby expressly waives and relinquishes the right to have, file or maintain any mechanics' liens or claims againstlhe real estate or buildings Waiver of LienslContractor Project American Ilouse (0-371) !'age I of 3 .. .. This Waiver waiving Ihe right of lien shall be in an independent covenant and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in the rehabilitation and/or construction and completion of the housing project as to any work and labor done and malerials furnished under the Agreement, In order to give Owner and PENNSYLVANIA HOUSING FrNANCE AGENCY full power and authority to protect the real estate and buildings 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 the Agreement or this Waiver, Contractor, for itself and all subcontractors, material suppliers and parties acting or claiming for, through or under Contractor, including, inter alia, any mechanical or electrical engineer, construction engineer or civil engineer. hereby irrevocably authorizes and empowers any allorney of any Court of Common Pleas of the Commonwealth of Pennsylvania or any allorney of any court or jurisdiction there or elsewhere, to appear in any court or jurisdiction for Contractor, and mark satisfied of record, at the cost and expense of Contractor, or any such subcontractor, material suppliers or party including, inter alis. any mechanical or electrical engineer, construction engineer or civil engineer, any and all claim or claims, lien or liens filed by or for Contractor, in its or their name against Ihe real estate, buildings, or any part thereof, and, for such act or acts this shall be a good and sufficient warranl and authority, and a reference to the Court, term and number or place in which the Agreement and this Waiver fhall have been filed shall be sufficient exhibit of the authority herein contained 10 warrant such action; and Contractor, for itself and all such parties, does hereby remise, release and quit-claim unto Owner and PENNSYL V ANlA HOUSrNG FrNANCE AGENCY and each of their allorneys any and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or anywise touching or concerning the same. The Agreement and this Waiver are made and intended to be filed with the Prothonotary of the Court of Common Pleas of the County or other proper place in which the above-described lands are located, It is expressly understood that this Waiver and all of the provisions and remedies herein contained shall be available to and for the protection of PENNSYLVANIA HOUSrNG FrNANCE AGENCY and Owner of said premises. In the event Contractor consists of more than one person, firm or corporation. the undertakings hereunder of each of such persons, finns or corporations shall be joint and several, and the word "Contractor" shall mean all or some or any of them. For the purposes of the Agreement and this Waiver, Ihe singular shall be deemed to include the plural, and the neuter shall be deemed to include the masculine and feminine, as the context may require. Waiver of lienS/Contractor Project American House (0-371) Page 2 of 3 . . H1 THAT CERTAIN lot of ground situate on the east side of North Harket Street, Borough of Mechanl.csburg, County of Cumberland, Commonwealth of Pennsylvania, bounded and described in accordance with a Survey Plat of "American Bouse" dated November 9, 1993 and revised May 11, 1994, prepared by Heed Eng ineer ing, Inc" ,\S follows: ~.flJ1JM at a set drill hole at a corner of building line of North Market Street and Stt'awberry Alley; thence along the building line on the South side of said alley north seventy (70) degrees zero (0) minutes zero (01 seconds cast a distance of eighty-nine and twenty-two hundredths (89.22) feet to a set re-bar in the center line of a twelve (12) foot wide private alley; thence by the center line of said private alley south twenty (20) degrees thirty- two (32) minutes ten (10) seconds east a distance of seventy-seven and ninety hundredths (77.90) feet to a set drill hole at the property line now or formerly of Thomas D. Sangrey and Aimee I. Sangrey; thence along lots now or formerly of Sangrey, lIulse Associates, Inc., and Stansfield-Hulse Associates, Inc., south sixty-nine (69) degrees thirty-seven (37) minutes forty-seven (47) seconds west a distance of sixty-four and forty-seven hundredths (64,47) feet to a point on the lot line of a lot now or formerly of John B. Turo; thence along said lot now or formerly of John B. Turo north twenty (20) degrees thirty-two (32) minutes ten (10) seconds west a distance of eight and sixteen hundredths (8,16) feet to a point; thence along same south seventy (70) degrees zero (0 I minutes zero (0 I seconds west a distance of twenty-four and seventy-five hundredths (24,75) feet to a set drill hole at the corner of the brick building on the land herein conveyed; thence along the building line along North Market Street north twenty (20) degrees thirty-two (32) minutes ten (10) seconds west a distance of seventy and sixteen hundredths (70.16) feet to a set drill hole, the place of BEGINNING. ~S~JbI THEREON ERECTED a three (3) story hotel building known as the American /louse /lotel, and a two (2) story brick building numbered 20 North Market Street. IlXIlIbIT A