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HomeMy WebLinkAbout98-02487 Miohael J. Brandt and Dina M. Brandt Owner Contractor I IN TUE COUIlT OF' COMMON PLEAS OF I CUMBERLAND COllNTY, PENNSYLVANIA I I I _, 1998- ;,2 t-\ 'is 1 I I I I AND TUSCARORA COUNTRY LOG HOMES WAIVER Ql IlIIM OON~RAOT WAIVER RIGHT TO FILE MECHANIOS' OLAIMS WHEREAS, Michael J. Brandt and Dina M. Brandt hereinafter called "Owner", and Tuscarora Country Log Homes, hereinafter oalled "Contractor", have entered into or intend to enter into a certain Construction Contract, wherein the Contractor agrees to furnish, inter alia, all the labor, materials and services necessary or contemplated of the oonstruction/ renovations/ improvements of Owner's property known as Lot #7,Reese Inc. Subdivision, Froat Rd, South Middleton & DiCkinson Townships, Cumberland County, Pennsylvania, more fully described in a deed dated January 29, 1996, recorded February 1, 1996 in the Office for Recording of Deeds in and for Cumberland County, Pennsylvania in Deed Book 134, at page 657. WHEREAS, Owner and Contractor have agreed that no mechanic's claim or lien shall be filed by anyone against said structure, addition or property of the Owner, or any part thereof, for any work, labor, materials, or services furnished or sUpplied in connection with said contract. NOW, THEREFORE, the Contractor, for hi.mself, his subcontractors and material men, and for those persons whomsoever acting or claiming through or under the Contractor, them, or any of them, intending to be legally bound hereunder, hereby covenants, promises and agrees to and with the Owner, their heirs, fiduciaries and assigns, as follows: 1. No lien or any kind whatsoever shall be filed or maintained by the Contractor, or any sUbcontractor, material man, laborer, or any person whomsoever acting or Claiming by, through or under the Contractor, them, or any of them, against said structure, addition or property, or the curtilage appurtenant thereto, or any portion thereof, for or on account of any work or labor done or materials or services furnished by the Contractor, them or any of them, in connection with said Contract: and all subcontractors, rnate~ial men and laborers on or in connection with said work shall look to and hold the Contractor solely liable and responsible for all subcontracts, work and labor performed, and materials and services furnished, so that there shall be no legal or valid claim of any kind whatsoever against the Owner of said structure, addition, property or curtilage for any work done or for any materials or services furnished under said Contract, or under revision or amendment thereof, or under any supplemental or additional contract for extra work or otherwise. 2. The Contractor, for himself and all subcontractors, material men, and laborers, hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, from time to time, to appear as attorney for the contractor, them or any of them, in any of said courts and in the Contractor's their, and each of their name or names, as the case may be, to mark satisfied of record, at their cost and expense, any and all cIa ims and 1 iens filed by or for t.he Contract,or or any subcontractor, material man or laborer, against said property or curtilage, or any part thereof, for such act or acts this shall be good and sufficient warrant and authority; and a reference to t.he court, term and number, j,n which and where this ContrClct shall have been filed shall be sufficient evidence of the authority heroin contained to warrant such aotion. said contractor, for the contractor, all subcontractors, material men and laborers, and each of them does remise, release, quitclaim and forever discharge all rights and all manner of errors, defects and imperfections whatsoever in entering any such satisfaction or satisfactions, or in any way whatsoever touching or concerning the same. 3. This Contract shall be and constitute an independent covenant and shall operate and be effective as well with respect to all work and labor done and materials and services furnished under any revision or amendment of said Contract or under any supplemental or additional contract for extra work, although not herein referred to, as to work and labor done and services furnished under the above mentioned Contract. 4. The Contractor hereby warrants that no work or labor, or whatsoever kind or nature, has as yet been done and that no materials or services whatsoever have as yet been furnished by anyone, under, towards or in connectioll with the execution or performance of said Contract. 5. This waiver shall bind the Cont.ractor and his/its successors and assigns. IN WITNESS WHEREO~~Owner and Contrac~~r hav~ be executed this O(/~ day of _ ~J OWNER l caused these resents to , 199B. cl\ael . ~andt HI,~~ D na M. 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