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HomeMy WebLinkAbout01-5951THIS AGREEMENT Made and concluded tiffs _-.~Ll~ _ day of. OCT DANIEL D. MCCURDY, JR- Application No. 010493 A.D.~ 20,01 between of HAUBERT HOMES, INC- , Party of the first part (hereinafter called Owner), AND party of the second part (hereinafter called Contractor). WHEREAS, the said parties have by a duly ex~ecuted Agreement under seal, bearing even date herewith, entered into a written contract for the erection and completion of a s ing 1 e f am i 1 y dw e I 1 i ng to be erected on inal Subdivision Plan of the Heights of B~ac~ Lot No. 115, F ....... on ~a~e 47, Lower Allen Towns~p,c~ Hill, Phase 2, v±an oou~ ~, ~. ~ _ cumberland County, Pennsy-vanla ,~ chamcd%laims or liens should be tractor convenanted, promised and agreed that no me in whmh Ag~ement t. he Con ..... . f or the curtilage or curtilagee appurtenant entered and filed against the smd building or buddings or any part thereo, thereto, ......... ,~ tractor for and in consideration of the awarding to him by NOW THIS AGREEMENT WITNI~o~,~ in: ~na~ non Owner of said contract as aforesaid, as well as the further consideration of One ($1.00) Dollar to him paid at or before the eneealing and delivery of those presents, the receipt whereof is hereby acknowledged, does hereby covenant, promise and agree that no mechanics' Ilea or claim or other lien or claim of any kind whateoever 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 oub-contrnctore, materialmen, and laborers on said work shall look to and hold Contractor personally liable for all sub-contracts, 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 allclaims 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 ahd empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvanla, to appear for him, them, it, or any of tliem, in any of the said Courts of Common Pleas as Attorney for him, them or it and in his, thelr, lts, name, mark satisfied of record at the cost and expense of the Contractor or of any Sub-Contrnctor or Materialman, or Materialmen, any and all claims or claim,llen 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 filed shall bo a sufficient exhibit of the authority herein cents, lng! to warrant such action, and the shall have been ......... '~ ~- '~-~-- remiec release and quit-claim all rights and all manner of errors, · ' oever in entering such satisfaction or in anywise touching or concerning the same. defects and ~mperfecttons whats . . .... ,_ · · _n_ --n ;-o~ dated the day and year first IN WITNESS WHEREOF the su~d part~es have~ nereun~o~ne~r ~a above written. ~ · ~ Haubert Homes, Inc. by: Don Haubert Daniel D. mcCurdy, TC-2~ (Rev, 8/88)