HomeMy WebLinkAbout03-1103NO LIEN AGREEMENT
THIS AGREEMENT, made and entered into this I._~./day of /~F6(~/c7. 2003, by and between B.T. HrrE, LLR, of
200 Union Ave., Altoona, Pennsylvania, 16602 hinafter called "OWNER",
AND
, of ~ ~;Z'~'7' //~/~, ~., k~/~~~ her~n~er called
"CONT~CTO~'. /~/~
WHER~S, the ~ hereto have entered into a ce~in Cons~u~on Contra~ Agr~ment (~e "Agr~menf')
pumuant to ~ich CONT~CTOR ~11 ~fform ~in work and furn~h m~efla~ in ~nn~on ~h ~e con~m~on and
d~opment of a one sto~ building upon OWNER'S lot of ground s~u~e in the Borough of Ca,isle, Coun~ of Cum~and
and ~e of Penn~nia, and ~ng mom ~IN d~fi~ ~ ~e B.T. HITE, LLP pm~ on R~er High~ (S.R. 0011)
penns~ania, d~ in De~ Book Volume 255 Page 629,~ mcord~ ~h the R~order of Deeds ~ in and for
Cum~fland Count.
NOW, THEREFORE, in consider~on of the ex~uflon and d~Ne~ of the Agr~ment and intending to ~ I~alN
~und her~, CONT~CTO~ for ~, ~ su~m and ~ns, and ~r all su~n~a~om and o~er ~ a~ng
through or under ~ or him do~ hereby covenant, pmm~e and agree th~ no mechanic's lien or claim or o~er lien or ~m of
any ~nd ~er shall ~ ~ or main~in~ again~ ~e budding, ~e land or any ~ or ~ thereof or ~e
~pu~enanc~ ~er~o, by CONT~CTOR or by any subcontra~or, m~efialmen, labomm or othem for work done or for
any too~, ~uipment, m~e~ or su~on or o~em ~c~ ~rn~h~ under ~e~r~ment or any su~n~ ~d ~y
sup~emen~ thereto, wr~en or omi, or by any other ~ a~ng ~mugh or under them or any of ~em, for a~ut the
r~den~ and land or any ~ ~er~f, or on ~e cr~ ~er~f.
AND, this No-Lien Agr~ment shall be an independent covenant and shall o~r~e and be eff~e as well ~h
r~ ~ ~rk done and m~ed~ and ~ ~m~h~ und~ any su~emen~l con~a~ ~r ~ ~ in ~nn~n ~
the construction of the improvemen~ ~ to any work and lair done and m~e~ab furn~hed under the Agr~ment.
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AND, in order to give the OWNER full power and authority to protect itself and the building and the land against any
and all claims filed by CONTRACTOR, or by any subcontractor or anyone acting under or through CONTRACTOR in
violation of the foregoing covenant, CONTRACTOR, for himself, his successors and assigns, and all such persons hereby
irrevocably authorized and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to
appear for him, them, or any of them, in any Court as attorney for him or them, and in his, its or their name, mark satisfied of
record at the cost and expense of CONTRACTOR or of any such subcontractor, laborer or matedalmen, or in its or their
names against the building or the land or any part thereof, and for such act or acts this shall bo good and sufficient warrant
and authority and a reference to the Court and to the docket in which and where this No-Lien Agreement shall have been
filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the CONTRACTOR, for itself
and all subcontractors, laborers and matedalmen, does hereby release all errors and defects whatsoever in the enby of any
such satisfaction or the exercise of the authority hereby conferred.
This No-Uen Agreement will be filed in the Office of the Prothonotary of Cumberland County, Pennsylvania,
pursuant to the provision oftheAct of August 24, 1983, P.L. 1175, No. 497, as supplemented and amended and the receipt
for such filing will be delivered to OWNER pdor to the commencement of any work on the premises by CONTRACTOR in
connection with the improvements. If any work has commenced the CONTRACTOR releases the land and improvements
from all liens. Furthermore, if any CONTRACTOR/subcontractor has worked on the land and/or the improvement and/or if
any materialman has provided materials that are not paid CONTRACTOR will have said subcontractor/materialman sign a
Release of Liens.
WITNESS the due execution hereof the day and year first above written.
OWNER:
By:~B'T'HITE' L~
Bruce J. Thaler
CONTRACTOR:
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