HomeMy WebLinkAbout96-01841
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WAIVER OF LIENS
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WHEREAS, McMichael Construction, Inc. , 2137 I:lnbassy Drive, i.I
::;Ulte lH, Lancaster, 1'1\ llllUJ (Contraotor)
has entered into a oontraot with Local Industrial ~'ork 'l'ruck, inc. ,. .
t/ a LIF'l', Inc. fawner)
for the ereot on or oonstruot on of a bu ld ng and other mprove-
ments upon the lot of ground desoribed in Exhibit A hereof I and
Knan'll as 5210 Trindle Rood, lIampden 'l'ownship, CUmberland County, Pennsylvania I
WIIEREAS, it is the intention of Owner and Contractor that
neither said lot of ground nor the improvements ereoted or to be
ereoted thereon shall be subjeot to a lien for debts due by Owner
to Contraotor or by Contraotor to any suboontraotor for labor or
materials furnished in the said erection or oonstruotion, and
that the right of anyone to olaim any such lien be waived hereby.
NOW TillS AGREEMENT WITNESSETIII That Contraotor for and in
oonsideration of the oontraot aforesaid and the oonslderations
mentioned thereunder, as well as the further oonsideration of One
Dollar ($1. 00) to it in hand paid by the Owner at or before the
sealing and delivery of these presents, the receipt of whioh is
hereby acknowledged, and intending to be legally bound hereby,
does hereby covenant, promise and agree, for Contrautor and any
and all subcontraotors, materialmen, laborers and parties acting
fori through or under contractor, that no mechanics' lien or
ola m or other lien or olaim of ani kind whatsoever shall be
filed or maintained against the bu ldin'l' improvements, lot of
ground or any part thereof, or the ourt lage or ourtilages
appurtenant thereto, by anyone, and that all subcontractors,
materialmen and laborers shall look to and hold Contractor
personally liable for all subcontracts, materials furnished and
work and labor done.
AND this agreement, waiving the right of lien by anyone,
shall be an independent oovenant and shall operate and be effeo-
tive with respeot to work done and materials furnished under any
supplemental oontraot for extra work in the erection, oonstruo-
tion and oompletion of the building as well as to any work and
labor done and materials furnished under the contraot aforesaid.
AND, in order to give the Owner full power and authority to
proteot Owner and the building, improvements and lot of ground
against any and all olaims filed by contraotor or anyone acting
under or through Contractor in violation of the foregoing oove-
nant, Contraotor hereby irrevocably authorizes and empowers any
Attorney of any Court of Common Pleas of the Commonwealth of
Pennsylvania to appear for Contractor in any of the said Courts
of Common Pleas as Attorney for Contraotor and in Contraotor's
name, mark satisfied of record at the cost and expense of the
contractor, or of any subcontraotor or materialman, any and all
olaims or olaim, liens or lien, filed by or for the contraotor,
or any suboontraotor or materialman! or in the name of anyone or
more of them against ths building, mprovementsl lot of ground or
any part thereof, and, for suoh aot or aots, th s shall be good
and suffioient warrant and authority, and a reference to the
Court, Term and Number in which and where this instrument shall
have been filed shall be a suffioient exhibit of tho authority
herein contained to warrant suoh aotion, and the contraotor does
hereby remise, release and quitclaim all rights and all manner of
orroro, dofocto and imporfections whatsoover in entering such
satisfaction or in anywise touching or conoerning the sanlo.
IN WITNESS WIIEREOFJ icontraotor has exocuted this instrumont.
4th day of AI r .1 , 19~.
~1dolic
BY: /~
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