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HomeMy WebLinkAbout00-08238 T-u i , 1 , S1jIPULATION " , ,9000 - 8' ,;2"3l? ,,y fhLO .. VS. MECHANICS LIENS between THIS AGREEMENT Made and concluded this Jesse W. Rice Trust 16th Application No. 00 -..;;138' "'>.-0 dsy of November A, D, tfJ ~O , Party of the first part (hereinafter called Owner), of AND Thomas Construction 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 to be erected on Lot No. 34, Hillside Farms, Phase II, Cumberland County Plan Book 81-67, Silver Spring Township, Cumberland County, Pennsylvania 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 eurtiIage or curtilages appurtenant thereto, NOW THIS AGREEMENT WITNESSETH: That Contractor for and in consideration of the awarding to him by Owner of said contract as aforesaid, as wen as the further consideration oCOne ($1.00) Dollar to him paid at or before the ensealing and delivery of these presents. the receipt whereof is hereby acknowledged, does hereby covenant, promise and agree that DO 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 nppurleno.nt thereto, by COlltrnctor or by any sub-contractor, materialmen or laborers for work done or mat~rials furnished under said contract. for and about said building -or buildings or any part thereof, or on credit thereof, and that all sub-contractors, mat(~rialmen, and laborers on said work shall look to and hold Contractor personally liable for allsub-contracta, materials furnished and work and labor done, so 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 aforesaid. or under any contracts for extra work, or for work supplemental thereto, or otherwisE! AND, in order to give the Owner full power and authority to protect himself and the lot or lots of ground against any and aU claims filed by the Contractor or anyone acting under or through him oritin violation of the foregoing covenant, t.he said Contractor for himself. themselves, itself, hereby irrevocably authorizes and empowers: any Attorney of any Court of Common Ples8oftheCommonwea1th of Pennsylvania, to appear for him, t.hem, it, orany ofthem, in any of the said Courts of Common Pleas as Attorney for him, them or it and in hiB, 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 aU claims or claim, lien or liens, filed by or for the Contractor, or any Sub-Contractor or Materialman. orin his or their name against said building or buildings, lot or lots of ground or any part thereof and for such act or acts this shall be good and sufficient warrant and authority, and a reference to the Court, Term and Numberin which and where this Agreement shall have been filed shall be a sufficient. exhibit of the authority herein contained to warrant such action, and the Contractor for himself, themselves, itself, do hereby remise, release and quit-claim all rights and all manner of errors, defects and imperfediolls 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 seals dated the day and year first above written. ~, Jesse W. Rice Trust ; / WITNESS P.RESENT: "tlt/": // >V/ ^ ~~~)?~L l{ /,~~ {tv!! '77 aA-{ , I ( ~ >=<-w,Q~ y ~sse W. RH:e , ' , ,1)~ "C ~a A. Rice ~. . -?t2 Thomas Construction by Richard C. Thomas TC-2i (Rev.8/86} / ,---' '1 / -' ~,-------------' ..,.-- " 1i'~~ ~... ~ f I I t c......-I'-\ '-",,,,,-,,.....-- Q 'ib o , 8 (') ~ ~.g Pr~: -c.-:....,-- ~L_"._.. ..~["- ~~~: ~C; _.o.-~r-' ~g ~ -0 ~ :0 o ~ ~ .....,...., ~ ('> g 5l. -i;\ '" ~ .r ,O~..~- '" ~:: :]E f"..) ",....;: f'.: ?:: ~'~;~ .-..1 ~~~fi j.~; g -<