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HomeMy WebLinkAbout01-0270 FX 01 ~ ~ 'to Ml--D WAIVER OF LIENS . i lth Jan""""" ,"'. 2QOI THIS AGREEMENT Made and concluded lhis... ..... day of .......-=...<................ A. D. ........ .. Richard"O. Porter and Marion J Wi-lohrnw (".' h. n"o I AND between........... J/.....................................lIa~rtst part u.,reln8ull;rca e~ wner~ . . :! !:l;Xy'. .~~~ . .~~~~7;r;:>.. .. ..... . .. . .. .. .. . party of the second pan (hereinafter caned Contractor). WHEREAS. the said parties have bV a duly executed Agreement under seal. bearing even date herewith. entered into -8 written coneract for the erection. construction and completion of . .impl;OVEm.ent.s . . . .. .. .. .. . . .:. . . . . to be erected on Lot #24 South View Estates, South Middleton Township, CUmberland County, Pennsylvania. WHEREAS by the terms of the contract aforesaid the Contractor covenanted. promised and agreed that no mechanics' lien o.r claims would be entered and filed against the said building or buildings or any pan thereof. or the. curtilage or curtilages appurtenant Ihereto. eilher by hi~self or anyone else for any work, labor and materials supplied in . Ihe performance of the said contracl, or under any supplemenlal COnlract or for extra work, in the erection, construction or completion of the said building or buildings or any of the curtilages appurtenant thereto. NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in consideration of tne contract aforesaid and the consideration mentioned thereunder. as well as the further consideration of One 1$1.00) Oollarto him in hand Piilid by the Owner at or before the sealing and delivery of these presems, the receipt whereof is hereby acknowledged, does herebY coven~mt., promise and agree that no mechanics'lIen or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the said building or buildings or the curtilage or curtilag!es appurtenanJ thereto, by Contractor or by anysub-contractor, materialmeQ or laborers for work done or materials furnished under said cpntract or by any other party acting through or under them for and about said building or buildings or any part "thereof, or on credit thereOf. and that alt SUD-contractors, materialmen. and laborers on said work shall look to and hold Contractorpersonally liable for all sub.contracts, materials furnished and work ~nd 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 building as aforesaid. or under any contract for extra work, or for work supplemental "thereto, or otherwise. AND this Agreement waiving the right of lien shall be independent covenant and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in the erection. construction and completion of the said building or buildings as to any work and labor done and materials furnished under the c:ontract aforesaid. AND. in order to give the Owner full power and authority to protect himself and the lot or lots cf ground against any and all claims filed by the Contractor or anyone acting under or through him or it in violation of the:foregoing covenant, the said Contractor. for himself. themselves, itself. hereby irrevocably authorizes and empovier~.anv Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear for him, them, it, or any of them, in any of the said Couns 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 aU 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 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 Number in which and where this Agreement shall have been filed shaU be 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 imperfections whatsoever in entering such satisfaction or in anvwise 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. ~ WITN~ENT' /~ . . 'l" . ... ......:1;. ... . '.. cl1................S<Au . ~ ....1k.~,.p~:ijf~.."EAlJ ~V1..~4.......................SEAlJ " .............................................................ISEAt.J . ~ ~ () 4t ~ -... )\) () ~ t} 510 <;:' W ~ ! ~.~ 'U --_~,~: ~~t; U;~:~ ~(~. ...,~" >'''.~ "-. {~~:: - c:,. <::> o ~ ~ \1 5 '" '" ~ ~ '" (:J ="2 J='''' .,c_ t.,~ --,~1 '-',; i<; T11I1~~~11Q~l!L "'~""'" ~,=,,~ 1!i!IIII. _][!IT'''_'lil!l!!Ij!1~'.miF''''~-''''''<'''~~''\'''''i'F''!"''',,"';%'",1ffl'!;j~i.,~ffli1i\t~l'IY.W!ltl~