HomeMy WebLinkAbout98-04382
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('f. 4..JS".o-) /11 Lb
STIPUI.ATlON AGAINST LIENS
The undersigned contractor filrnishing scrvices, labor or materials, known as MARBAIN
ASSOCIATES, L.L.I'., a Pennsylvania limiled liability partnership (the "Contnlclor") intending
to be legally bound, and in consideration of the sum of ONE AND NO/IOO DOLLAR ($1.00) to
it in hand paid by MAX D. MARBAIN, an adult individual ("Owner") the receipt whereof is
hereby acknowledged, for itsel f and any subcontractors. materialmen, laborers or anyone else
acting through or under it, covenants and agrees that no mechanics or materialmen's liens or
claims shall be filed or maintained by it, them or any of them, against the real estate described in
Exhibit "A", attached hereto and made a part hereof, or against any buildings or other
improvements thereon (jointly and severally, the "Real Estate"), for or on account of any work to
be done or materials furnished under the principal contract between Owner and Contractor, dated
July 30, 1998, or under any supplemental conlract, verbal or written, or contract for extra work or
materials relating to and work to be done or material furnished under said principal contract. The
undersigned, for itself, its subcontractors, materialmen, laborers and anyone else acting or
claiming through or under it, hereby waives and relinquishes all right to file a mechanics' lien,
claim or notice of intention to file any lien or claim against the Real Estate.
The undersigned, for itself, its subcontractors, materialmen, laborers and anyone else
acting under or through it, hereby irrevocably authorizes and empowers any attorney of any court
of competent jurisdiction of the Commonwealth of Pennsylvania, or elsewhere, to appear as
attorney for it, them or any of them, in any such court and, in its or their name or names, mark
satisfied of record at the cost and expense of the undersigned, any and all claims, liens, any
pleading or instrument, or any amendment to any pleading or instrument previously filed by it or
them, to incorporate therein as part of the record this waiver and for such act or acts this waiver
shall be good and sufficient warrant and authority, and the undersigned for itself, and for them,
does hereby remise, release and quit-claim all rights and all manner of errors, in filing such
pleading, instrument or amendment, or in any way concerning them.
Owner shall have the absolute right in its name or in the name of the undersigned or any
other entity or person who shall have filed a claim or lien, to cause any and all such claims or
liens to be discharged by any other instrument, pleading or proceeding pennitted at law or in
equity,
The undersigned hereby avers, represents and warrants that no work has commenced on
the Real Estate and no labor or materials have been delivered to the Real Estate or furnished for
the improvement of the Real Estate by the undersigned or by any subcontractor, materialman,
laborer, or other person or entity, and that no authorization has yet been given by the Owner to
the undersigned to commence work or purchase materials in connection with the Real Estate.
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