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Home My WebLink About97-07046 ~,. q 7" 70'llf IYI 1-1) Project Name: Roth Villacle Townehomes PIIFA 10-546 WAIVER OF LIENS. SUBCONTRACTOR KNOW ALL BY THESE PRESENTS, That contemporBneously with the execution hereof, an agreement has been entered into between Elam G. Stoltzfus/ Jr., IIlC.a Pennsylvania Corporation , with a principal place ofbusines~ at 474 Mt. !';inn..y RMn. LanclIater, PA 17602 , ("Contractor"), AND B & D Masonry with a principal place of business at , a 113 Oakview Road, Lanca.ster, PA 17602 , ("Subcontractor") relating to the construction and/or rehabilitation of a housing project upon the real estate located at 4181 Roth T.n. M",",h~n i ""hllr\J.+-EA... and described in Exh:hit A. attached hereto and made a part hereof (the "Agreement") owned by Sencit Hampden Associates LP a PA Limited Partnership Suite 36, Harrisburq, PA , , with offices at 2215 Forest Hills Drive 171Qlcll~3 ~. NOW, THEREFORE, intending to be legally bound hereby, at the time of and immediately before the execution of the Agreement, and before any authority has been given by Contractor to Subcontractor to commence work on said housing project, for and in consideration of the making of the Agreement with Contractor, Subcontractor does hereby, for Subcontractor and any and all subcontractors, material suppliers and parties acting or claiming for, through or under Subcontractor, including, inter alia, any mechanical or electrical engineer, construction engineer or civil engineer, covenant and agree with Owner and PENNSYLVAN1A HOUSING FINANCE AGENCY that no mechanics' liens or claims shall be filed or maintained by Subcontractor, or any of them, against the real estate described in Exhibit A attached hereto, or the buildings thereon, for or on nccount of any work done or materials fumished under the Agreement or under any supplemental contract, verbal or written, or contract for extra work in or about the rehabilitation and/or construction and completion of said project, or o'therwise; and Subcontractor, for Subcontractor and any and ail subcontractors, material suppliers and parties acting or claiming through or under Subcontractor, them or any of them, 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 against the real estate or buildings. Waiver of Liens - Subcontractor/PennHOMES Project: Page I of 3 This WaIver waiving the right of lien ShBII be an independent covenant and shall operate and be effective idS well with respect to work done and materials furnished under any supplemental contract for extra work in the rehabilitation, construction Bnd completion of the housing project , , as to any work Bnd labor done and materials furnished under the Agreement. In order to give Owner, PENNSYLVANIA HOUSING FINANCE AGENCY and Contractor full power and authority to protect the real estate and buildings against Bny and all mechl\nics' liens or c1aim~ filed by Subcontractor or anyone acting or claiming for, through or under Subcontractor or in violation of the Agreement or this Waiver, Subcontractor, for itself and all subcontractors, materiBI suppliers and parties acting or claiming for, through or under Subcontractor, Including, inter alia, any mechanical or electrical engineer, construction engineer or civil engineer, hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania 01' Bny attorney of any court or jurisdiction there or elsewhere, to appear in any court or jurisdiction for Subcontractor, and mark satisfied of record, at the cost and expense of Subcontractor, or any such subcontrnctor, malerial suppliers or party including, inter alia, any mechanical or electrical engineer, construction engiReer or civil engineer, any and all claim or claims, lien or liens filed by or for Subcontractor, 01' in its or their name against the real estate, buildings, or any part thereof, and, for such act or acts this shBII be a good and sufficient warrant and authority, and a reference to the Court, tenn and number or place in which the Agreement and this Waiver shall have been filed shall be sufficient exhibit of the authority hereiR contained to warrant such action; and Subcontractor, for itself and BII such parties, does hereby remise, relea~e and quit-claim unto Owner and PENNSYLVANIA HOUSING FINANCE AGENCY and each of their attorneys 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 is made and intended to be filed with the ProthollotBry 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 PENNSYL VANIA HOUSING FINANCE AGENCY and Owner of said premises. In the event Subcontractor consists of more than one person, finn or corporation, the undertakings hereunder of each of such persons, !inns or corporations shall b~ joint and several, and the word "Subcontractor" shall mean all or some or any of them, For the purposes of the Agreement and this Waiver, the singular shall be aeemed to include the plural, and the neuter shall be deemed to include the masculine and feminine, as the context may require. . Waiver of Liens - Subcontractor/PennHOMES Project: Page 2 of 3 ,'\.. ,:J"~-'H.1'-.L;t"11 .Lv........, ," ,;, )11I1''''III'J~.t'Il_111 .t,I'.'1 1-'1.......,'.1 '"'\ .' ,,', ,"1" r....' 'i"'~'. 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