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HomeMy WebLinkAbout01-04604~ 011- ~foU ~i- i'u [, p Law Offices IRWIN Mclf[VIGHT & HUGHES 60 West Pomfret Street, Carlisle, Pennsylvania 17013-3222 t THIS AGREEMENT, made and concluded this 3 ~ day of July , 2001 between GLENN J. LINTZ AND EILEEN M. LINTZ, HIS WIFE of Monterey, California, parties of the first pazt (hereinafter called Owner), AND HOME DESIGNS UNLIMITED, with its principal offices located at P.O. Box 387, New Kingstown, Cumberland County, Pennsylvania 17072, party of [he sewnd part (hereinafter called Contractor). WHEREAS, the said parties have by a duly executed agreement under seal, dated June 29, 2001, for construction of a residential home upon that certain lot of land located at Lot 92, Westbury Drive, Enola, Cumberland County, Pennsylvania, Deed for property recorded on ~ '~ .2001, in the Office of the Recorder of Deeds for Cumberland County in Record Book ,Page NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in consideration of the contract aforesaid and the considemtion mentioned thereunder, as well as the further considemtion of One ($1.00) Dollaz to him ht hand paid by the Owner at or before the sealing and delivery of these presents, the receipt whereof is 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 or maintained against the said building or buildings or the cartilage or cartilages appurtenant thereto, by Contractor or by any sub- contractor, materialmen or laborers for work done or materials famished under said contract or by any other party acting through or under them or any of them for and about said building or buildings or any part thereof, or on credit thereof, and that al] sub- contractors, materialmen, and laborers on said work shall look to and hold Contractor personally liable for all sub-contracts, materials famished 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 famished under said contract for and about the erection, construction and completion of said buildings as aforesaid, or under any contract for extra work, or work supplemental thereto, or otherwise. AND this Agreement waiving [he right of lien shall be an independent covenant and shall operate and be effective as well with respect to work done and materials famished under any supplemental contract for extra work in the erection, construction and completion of said building or buildings as to any work and labor done and materials furnished under the contract aforesaid. AND, in order to give the Owner full power and authority to protect himself and the lot or lots of 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 empowers any Attorney of any Court of Common ..~- -~ Pleas of the Commonwealth of Pennsylvania, to appeaz for him, them, it, or any of them, in any of the said Courts of Common Pleas as Attorney for him, them or it and in his, their, its, name, mazk satisfied of record a[ the cost and expense of the Contractor or of any Sub-Contractor or Materialman, or Material men, any and all claims or claim, lien or liens, filed by or for the Contractor, or any Sub-Contractor or Material man, or ht 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 [o the Court, Term and Number in which and where this Agreement shall have been filed shall be a sufficient exhibit of the Authority herein contained to warrant such action, and [he 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 any- wise touching or concerning the same. written. IN WITNESS WHEREOF, the said parties have hereunto set thew hands and seals dated the day and yeaz first above WITNESSES PRESENT: / '~'~ Owner ~~, ~~~ ~- LINTZ Owner HOME DESIGNS UNLIMITED ~ ~/~- ~ (SEAL) Contractor .M (~ ~ c ~ ~~-: ~ ~„ 6~ ~ ~c C _' "' ~" ~~