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WAIVEI{ OF UENS
KNOW ALL MEN BY TilESI' PRESENTS, thai
WIIEREAS, Jcllfcy I. Fuhrman and Lauric A I;uhrman (collcuivcly thc "Owncr") and
Oakwood Customllomcs, Inc ("Contractor") havc cnlcrcd into an agrccment ("Agrccmcnt")
rclating to thc construction of ccrtain improvcmcnts to a parcel of rcal propcrty known as l.otllll)
Crossroads School Road, Wcst Pcnnsboro Twp, Cumbcrland Co, PA, as morc particularly
dcscribcd on Exhibit A attachcd hcrcto ("Prcmiscs"), as part ofthc considcration for which
agrccmcnt this Waiver is givcn;
WHEREAS, thc Contractor has covcnanted, promiscd and agrccd that no mcchanics' licns
or claims will be entcrcd and tilcd against thc Prcmiscs by Contractor, its subcontractors, vcndors,
matcrialmcn, laborcrs or anyonc clsc for any work, matcrial or labor supplicd in thc pcrformancc
ofthc Agrecmcnt or any supplcmcntal agrccmcnt for cxtra work.
NOW, THEREFORE, Contractor, intcnding to bc Icgally bound hcrcby, in considcration
of the sum of One Dollar ($1.00) to Contractor in hand paid, thc rcccipt of which is hcrcby
acknowledgcd, as wcll as for and in considcration of thc cntry by Owncr thcrcunder, it is
stipulated and agrccd that neither thc undcrsigncd Contractor, any subcontractor, vcndor,
materialman, laborcr, nor any othcr pcrson furnishing labor or matcrials to Contractor with
rcspcct to the Agrccment shall file a lien, commonly call cd a mechanics' licn, for work done or
materials furnishcd to the buildings or improvcmcnts locatcd on the Premises or any part thercof
This stipulation and agrcement waiving the right oflien shall bc an indcpendent covenant
and shall also operate and be effcctivc with respcctto work done and matcrials furnished under
any supplcmental agreemcnt or arrangcmcnt for extra work in the erection, construction and
completion of any buildings or improvements on the Premises.
In the event that any mechanic's liens or claim is filcd by the undersign cd, undersigned
hereby irrevocably waives any right to a jury trial in any action to strike or discharge thc lien.
If the undersigned or any contractor or matcrialmcn claiming by, through or under the
undersigned files a mechanic's lien, notwithstanding this Waiver, the Owner or the Owner's
representatives, successors or assigns shall have the right to discharge the lien by appropriate legal
proceedings and to rctain out of any payment then duc or thereafter to become due to the
undersigned an amount sufficicnt to completely reimbursc and indemnity Owner against expenses
and losses resulting from such lien. Expenses and losses shall include any attorney's fees, surety
bond premiums and other costs incurred in attempting to discharge or remove such lien and nay
damages or other losses resulting form such lien all of which the undersigncd agrees to pay. [I'
any payment then due to the undersigncd by Owner is not sufficient to reimburse and indemnify
Owner by way of off-set as aforesaid, the undersigned agrees to pay the amount of the difference
to Owner upon demand.
COMMONWEAI.TII OF PENNSYLVANIA, LAN<"",'IoI'- COIINTY ss:
On this, tlw 30~>- day of ~t~h....- ,199H bcl(HC mc, a Notary Public
!()r thc Commonwcalth of Pcnnsylvania, pcrsonally appcarcd Jcllrey L Fuhrman and Lauric A
Fuhrman knowntolllc(or satisfilclorilv provcn) to bc thc pcrson(s) whosc name(s) subscribed to
the within instrulllcnt and acknowledgcd that hc cxccutcd thc samc !(lr thc purposcs hcrcin
containcd
IN WITNESS WHEREOF, I hcreunto sct my hand and seal
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COMMONWEALTH OF PENNSYL VANIA
:ss.
COUNTY OF ~C:CA <,.;-.0..-
On this, the 3 D '"" day of Sa.r~\o....- , 1998, before me, a Notary Public
in and for the Commonwcalth of Pennsylvania, personally appeared ::j::::\:)\Mj' ""'" L 7."0 ~
who acknowledged himself to be the President of Oakwood Custom Homes, Inc. and that he as
such officer, executed the foregoing instrument on behalf of such corporation for the purposes
therein contained.
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IN WITNESS WHEREOF, I hereunto set my hand and 0
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Notary Public
My Commission Expir
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