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HomeMy WebLinkAbout00-05403 j'~ " .... -.""-~.kKt':~y{,) S'Fplfi.l{{f(~n ~. wrec kanr(~ Lrfl15 11..0. D1J - 5'1f'()3 /I'll- f) T ~ Application No. 200248 TillS AGREEMENT Made and concluded this 31st day of Jul V Jeffrey A. Fah.nestock and Michelle L. between A D. ~~OO Fahnestock , Party of the first part (hereinafter called Owner), of AND Bonnie Heights Homes party of the second part (hereinafter called Contractor). WHEREAS, the said parties have by a duly executed Agreement under seal, bearing even date herewith, entered into a written contract for the erection .and completion of a single family dwelling I, ~ . to be erected on 60 Smith Road, South Middleton Township, Cumberland County in which Agreement the Contractor convenanted, promised and agreed that no mechanics' claims or liens should be entered and filed against the said building or buildings or any part thereof, or the curtilage or curtilages appurtenant thereto, NOW THIS AGREEMENT WITNESSETH: That Contractor for and in consideration of the awarding to him by Owner ofsaid contract as aforesaid, as well as ihe further consideration of One ($1.00) Dollar to him paid at or before the ensealing and delivery of these presents, the receipt whereofis hereby acknowledged, does hereby covenant, promise. and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed against the said. building or buildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any sub-contractor, materialmen or laborers for work done or materials furnished under said contract for and about said building or buildings or any part thereof, or on credit thereof, and that all sub-contractors, materialmen, and laborers on said work shall look to and hold Contractor personally liable for allsub.contracts, materials furnished and work and labor done, ao that there shall not be any legal or lawful claim of any kind whatever against Owner for any work done or labor or materials furnished under said contract for and about the erection, construction and completion of said buildings as aforeaaid, or under any contracts f()r extra work, or for work supplemental thereto, .or otherwise AND, in order to give the Owner full power snd authority to protect himself and the lot or lots of ground against any and all claims filed by the Contractorbr anyone acting under or_ through him or it in '1olation of the foregoing covenant, : the said Contractor for himself, themselves, itself, hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas ofthe Commonwealth of Pennsylvania, to appear for him, them, it, or any ofthem, in any ofthe said Courts of Common Pleas as Attorney for him, them or it and in his, their, its, name, mark satisfied of record at the cost and expense of the Contractor or of any Sub.Contractor or Materialman, or Materialmen, any and all claims or claim, lien or liens, filed by or for the Contractor, or any Sub-Contractor or Materialman, or in his or their name against aaid building or buildings, lot or lots of ground or any part thereof and for snch act or acts this shall be good and sufficient warrant and authority, and a reference to the Court, Term and Ntimberin which and where this Agreement shall have been filed shall be a sufficient exhibit of the authority herein containe\1 to warrant such action, and the Contractor for himself, themselves, itself, do hereby remise, release and quit-claim ~ll rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in anywise touching or concerning the same. IN WITNESS WHEREOF the said parties have hereunto set their hands and "~als dated the day and year first above written. . WITNESS PRESENT: ~ IA -' ~.I/~~ Je frey A. Fahnestock ~LUlUd IUJ)JUVJU (l TC-2.: {Rev. 8/86) I.. i,,: ~:-.! " "-~ j~&~';:!#~.- .. ,,",' r~ '" - .,.., <0 ~ t' --l - -i ~<. , RJr~. "1'1' U. ''',m"" Y__, _'".~n, ,,_ - ,:. _,~,~~,w,~~_ n c:.-' iElf 65f~ ~i~:~ :::::'-". --:. ,:-,' -~~ ~; ') c( ~-'- :..,.. \.0 .' . """ "..' " l'iu"llJ "0, 4, p-'-~ , t ~ r ~ () 2 ..1'J'l. , I i~~ '''''''''