HomeMy WebLinkAbout02-4470 Waiver of Liens
THIS AGREEMENT made and concluded this 10th day of Septemher A. D. 2002 be~wecn D. D. & K.,
Inc. of Mechanicsburg, PA, party of the first part (hereina~er eailed Owner), and Brim Build~rs, 475
Phoenix Drive, Chambersburg, PA 17201, party of the second part (hereinat~er called Contractor).
WHEREAS, the said parties have by a duly executed Agreement under s~l, bearing even date herewith,
entered into '
a written contra~t for the ere~ion and completion ora residential dwelling unit (duplex or
triplex) to he erected on Lots 7 and 8 in the Bent Creek Crossing development, in which Agreement the
Contractor covenanted, promised, and agreed that no ' ·
filed against the said building or buildings or any partmechanics' clmms or liens should be entered and
thereto, thereof, or the curtilage or curtilages appurtenant
NOW THIS AGREEMENT WITNESSETH: That Contractor for and in consideration of the awarding to
him by Owner of said contract as aforesaid, as well as the further consideration of One ($1.00) Dollar to
him paid at or before the ensealing and delivery of these presents, the receipt whereof is hereby
acknowledged, does hereby covenant, promise and agree that no delivery mechanics' lien or claim of any
kind whatsoever shall be filed against the said building or buildings or the curtilage or eurtilages
appurtenant thereto, by Contractor or by any sub-contractor, materialmen or laborers for work done or
materials furnished and work and labor done, so that there shall not be any legal or lawful claim of any
kind whatever against Owner for any work done or labor or materials furnished under said contract for and
about the erection, construction, and completion of said buildings as aforesaid, or under any contracts for
extra work, or for work supplemental there to or otherwise, provided that Contractor may make claims
against Owner but not through the Mechanics' Lien process.
AND in order to give the Owner full power and authority to protect himself and the lot or lots of ground
against any and all claims filed by the Contractor or anyone acting under or through him or m wol
the foregoing covenant, the said Contractor for hi-~A'e AL ..... ' ' ation of
,,s~c~, memselves, ~tselt~ hereby irrevocable authorizes
and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to
appear for him, them, it, or any of them, in any of the said Courts of Common Pleas as Attorney for him,
them, or it and in his, their, its name, mark satisfied of record at the cost and expense of the Contractor or
anY Sub-contractor or Materialman or Materialmen, any and all claims or ' . ' '
for..t.h.e Contractor or and Sub-contractor or ' :_ . . . claim, hen, or hens, filed by or
bul:~. .... Materialman or m his or their name against smd bmld~n or
umgs, or lots orgrouna or any part thereof and for such act - ' ' ' g
or acts that shall be good and sufficient
warrant and authority and a reference to the Court, Term, and Number in which and where this Agreement
shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action,
and the Contractor for himself, themselves, itself, do hereby remise, release, and quit-claim all rights and
all manner of errors, defects, and imperfections whatsoever in entering such satisfaction or in anywise
touching or concerning the same.
IN WITNESS WHEREOF the said parties have hereunto set their hands and seals dated the day and year
first above written.