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NOW THEREFORE, the Contractor, for itself, its successors and assigns and
anyone else acting or claiming through or under it, for and in consideration of the Contract and
the considerations mentioned therein, and intending to be legally bound hereby, does hereby
agree as follows:
1. Waiver of Lien. Contractor hereby waives and relinquishes all rights to
file a mechanics' lien, claim or notice of intention to file any lien or claim and does hereby
covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind
whatsoever shall be filed or maintained against the Improvements or the Property or the estate
or title of Owners in the Property or the estate or title of Tenants in the Property as described
in Exhibit" A" or the curtilage or curtilages appurtenant thereto. by or in the name of Contractor
or any subcontractor, materialmen or laborers for work done or materials furnished under the
Contract or by any other party acting through or under them or any of them for and about the
Improvements or the Property or any part thereof, or on credit thereof, and that all
subcontractors, materialmen and laborers on the work shall look to and hold Contractor
personally liable for all subcontracts, materials furnished under the Contract for and about the
erection, construction and completion of the Improvements, or under any contract for extra
work, or for work supplemental thereto, or otherwise,
2, Indeoendent Covenant. This Agreement waiving the right of lien shall be
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 erection,
construction and completion of the said Improvements and as to any work and labor done and
materials fumished under the Contract.
3. Power of Attornev. In order to give Owners full power and authority to
protect themselves, the property, the estate or title of Owners therein, and the appurtenances
thereto, against any and all liens filed by Contractor or anyone acting under or through it in
violation of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any
attorney of the Court of Common Pleas of Cumberland County, Pennsylvania and any other
County of the Commonwealth of Pennsylvania to (i) appear as attorney for it. them or any of
them, in any such Court, and in its or their name or names, to the extent permitted by law, mark
satisfied of record at the cost and expense of Contractor or of any subcontractor or materialman,
any and all lien or liens, filed in violation of the foregoing covenant, or (ii) cause to be filed and
served in connection with such lien or liens any pleading or instrument, or any amendment to
any pleading or instrument previously filed by it or them, and to incorporate therein, as part of
the record, the waiver contained in this instrument; and for such act or acts this instrument shall
be good and sufficient warrant and authority, A reference to the court, term and number in
which and where this agreement shall have been filed shall be conclusive evidence of the
authority herein to warrant such action, and Contractor, for itself and for them, hereby remises,
releases and quit,claims all rights and all manner of errors, defects and imperfections whatsoever
in entering such satisfaction or in filing such pleading, instrument or amendment, or in any way
concerning them, In the event anyone acting through or under contractor shall so file a lien in
violation of the foregoing covenant. Owners may not exercise their rights under this Paragraph
3 unless such lien has not been stricken or discharged (by payment. posting of a bond or other
means) for a period of ten days after notice of such lien shall have been received by Contractor,
4. Public Notice, This Agreement shall be filed in the Cumberland County
Prothonotary's Office as public notice hereof,
IN WITNESS WHEREOF. the said parties, intending to be legally bound hereby.
set their hands and seals dated the day and year first above written,
ATTEST:
CONTRACTOR:
ROUNDTREE CONSTRUenON C-O,. INC.
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By: kcy ,~..... <.../ _
Roundtree, President
(Ass!.) Secretary
(SEAL)
WITNESS:
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TENANTS:
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Catherine S, Morefield
WITNESS:
OWNERS:
TRUST "B" under Will of John A, Morefield, Sr,
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Ardella Morefiefd ~
By: ( , {, k< T, (SEAL)
John A, Mor "
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