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HomeMy WebLinkAbout97-05253 eJ,. 1). 5-3 /11 t.1> STIPULA1ION AGAINST LIENS THIll AGREEMENT made this ;),'3H'> day of september, 1997 by and between: SECHRIST/KREISER CONSTRUCTION, INC., a Pennsylvania business corporation, of. Mechanicsburg, Pennsylvania, hereinafte~ "Contractor" AND EUGENE W. WEAVER and BEVERLY J. WEAVER, his wife, of 409 Alison Avenue, Mechanicsburg, Pennsylvania, hereinafter "Owner" WHEREAS, Owner and contractor have entered into a construction agreement ("agreement") whereby Contractor has agreed to erect and construct a residential building and other impl'ovements upon the real estate described in "Exhibit A" attached hereto and incorporated by reference herein, as part of the consideration for which agreement this stipulation Against, Liens is given. NOW THEREFORE, Contractor, intending to be legally bpund ' " ", ,'::L","; hereby, in consideration of the sum of One Dollar ($1.00) in ~~tf , " ,'Ji":,l~~ paid by Owner, the receipt and sufficiency of whichareh,I:.li''f , 'l,l,V;, ack.nowledged, as well as for and in consideration of the ,At ,,;"'" agreement aforementioned, Contractor does hereby, for I.AW 0"11:". SN[LBAICEft. SRENNEMAN a SPAPlE , and any and all subcontractors, materialmen and partie. for, through or under contractor, them or any of th.., I-AW OI"I"ICII SNlEl.DAKIER, eRIENNIMAN 81 SF'/\RI:: covenant and agree with Owner that no mechanics' liens or claims shall be filed or maintained by contractor, them or any of them or anyone, against the above described real estate or the buildings or other improvements ereoted or to be ereoted thereon, any of them, or the estate (including a leasehold estate), interest or title thereto of owner, for or on acoount of any work done or materials furnished under the agreement or under any supplemental contract, verbal or written, or contract for extra work relating to the erection, construction and completion of said buildings or other improvements, or any of them, or otherwise; and contractor, for Contractor and any and all subcontractors, materialmen and parties acting through or under Contractor, them or any of them, hereby expressly waives and relinquishes the right to have, file or maintain any mechanics' liens or claims against said real estate or buildings or other improvements or any of them. contractor hereby covenants, promises and agrees that all subcontractors, material suppliers and laborers shall not look to and hold Owner liable for all subcontracts, materials furnished and work and labor done so that there shall not be any leg"l or lawful claim of any kind whatever against Owner, or any other person with an estate (including a leasehold estate) in the above-described property, for any work done or labor or furnished under the agreement or otherwise. ..t.r1~~.;li ": _'1)[." 'I;,,'_IJ, '_~ "it '",'_>', f,t_'r- ."_'J;'i\'fi'- _I':_;;i\;; ,,':'ijl 't?,!' -2- LAW O"IC.. SNII!l:\..8AKIER. B.UtNNlMAN 81 SPARE This stipulation 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 buildings or other improvements as to any work and labor done and materials furnished under the agreement aforesaid. Contractor hereby represents and warrants that prior to the date hereof no work has been done and no materials have been furnished with regard to the construction which is the subject of the agreement or with regard to any supplemental contract, verbal or written, or contract for extra work in or about the erection, construction and completion of any buildi.ngs or other improvements on the above-described property, or, if such work has been done or material furnished, then all materialmen, suppliers and/or subcontractors have been paid in full. This Stipulation Against Liens is made and intended to be filed with the Prothonotary of Cumberland County, Pennsylvania within 10 days of the date hereof in accordance with the requirements of law in such case provided. IN WITNESS WHEREOF, Contractor has signed and sealed this Stipulation, binding itself, its successors and/or assigns the -3-