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HomeMy WebLinkAbout03-267808 NO LIEN AGREEMENT THISAGREEMENT'medeandenteredintothis-~-Tdayof ~')el"y ,2003, byandbetweenB.T. HITE,L.L.R, of 200 Union Ave., Altoona, Pennsylvania, 16602 hinaffer called "OWNER", AND "CONTRACTOR". of r celled WHEREAS, the parties hereto have entered into a certain Construction Contract Agreement (the "Agreement") pursuant to which CONTRACTOR will perform certain work and furnish materials in connection with the construction and development of a one story building upon OWNER'S lot of ground situate in the Borough of Carlisle, County of Cumberland and State of Pennsylvania, and being more fully descrfbed as the B.T. HITE, LLP property on Rither Highway (S.R. 0011) pennsylvania, descdbed in Deed Book Volume 255 Page 629,as recorded with the Recorder of Deeds Office in and for Cumberland County. NOW, THEREFORE, in consideration of the execution and delivery of the Agreement and intending to be legally bound hereby, CONTRACTOR, for itself, its successors and assigns, and for all subcontractors and other parties acting through or under it or him does hereby covenant, promise and agree that no mechanic's lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the building, the land or any part or parts thereof or the appurtenances thereto, by CONTRACTOR or by any subcontractor, materialmen, laborers or others for work done or for any tools, equipment, materials or supervision or others services furnished under theAgreement or any subcontract and any supplements thereto, written or oral, or by any other party acting through or under them or any of them, for about the residence and land or any parts thereof, or on the credit thereof. AND, this No-Lien Agmemant shall be an independent covenant and shall operate and be effective as well with respect to work done and materials and services furnished under any supplemental contract for exlm work in connecf~on ~ the construction of the improvements as to any work and labor done and materials furnished under the Agreement. C:\DOCUMENTS AND SETTING$\RDEFAZIO\DESKTOP\JOBS\CARLiSLE NO LIEN AGR.DOC AND, in order to give the OWNER full power and authority to protect ~elf and the building and the land against any and all claims filed by CONTRACTOR, or by any subcontractor or anyone acting under or through CONTRACTOR in violation of the foregoing covenant, CONTRACTOR, for himself, his successors and assigns, and all such persons hereby irrevocably authorized and empowers any attorney of any Courl of Common Pleas of the Commonwealth of Pesnsylvanla to appear for hlm, them, or any of them, in any Court as attorney for him or them, and in his, its or their name, mark satisfied of record at the cost and e~pense of CONTRACTOR or of any such subcontractor, laborer or materialmen, or in its or their names against the building or the land 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 and to the docket in which and where this No-Lien Agreement shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the CONTRACTOR, for itself and all subcontractors, laborers and materialmen, does hereby release all errors and defects whatsoever in the ent~ of any such sa~sfacflon or the exerclae of the authority hereby conferred. This No-Lien Agreement will be filed in the Office of the Prothonotary of Cumberland County, Pennsyh/ania, pursuant to the provision of the Act of August 24, 1983, P.L. 1175, No. 497, as supplemented and amended and the mcstpt for such filing will be delivomd to OWNER prior to the commencement of any work on the premises by CONTRACTOR in connection with the improvements. If any work has commenced the CONTRACTOR releases the land and improvements from all liens. Furthermore, if any CONTRACTOR/subcontractor has worked on th.e land and/or the improvement and/or if any materialman has provided materials that are not paid CONTRACTOR will have said subcontractor/materialman sign a Release of Liens. WITNESS the due execution hereof the day and year first above written. OWNER: Bruce J. Thaier CONTRACTOR: C:X~DOCUMENTS AND ~ETTINGS~RDE[AZIO~DESKTOP~,JOt]S~CARLISLE NO L!EN AGE DOC