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HomeMy WebLinkAbout99-02566 ",il...'. .:=..-! ., ..1.111III11I -: .. IlII ~ 11IIII111I ___.. IIlI "II .. IIfliIIIMII III ==--- I .. __. .... .... 11II. ....11I.... .111 ___ 'II. II=- -II.';" ..' ..1.....,. , 111"'- _ ~__ I ... II 1"...-..-' 11\1) ._ "'"",.' "...,BI.III -.. ".- III -.' ,.,: .", .'.... .,.' .. 1iIl.... '._....._ II. ,III, ...,....., III II .....' .' II _ 'ti. -.._11. .,....., ,.11 -' (I'" ...... -1---.. III ,..' ..... _III 11.._ \I' r-, ,'I.. ." 11._.."'1'1' .. ..,.,..IIlIIII", III!!I II ._ ,. ...' II 11111_ _. . w:, .,,-,.,,., .II ..,...- .,.II'we J.I,II'II' .'....; IIi. II' " ,,". ............ - _.. ..", .C.'i", '.' ....'.., g,.,.,.,.,,:,., ...........-.":" ,...-....'=- . g, 11II " , ' 1",.,g,B, III -,",:..,.. ' ..'.-. ..' ,.: I::.,."'."'.'.:." 111I'.., ..g,' AI, ;'.,. -II. .. -.:' "...IIJ'..,', n',.' .-' .. '11'''.11.. "........... ,1. -p"...,., II"""" ",..:, ~ .4., '.':'11:-. 'II':"-:-.".:!I.,-,..,:.,.',-.,,, II' g, 111", I' ""11'.''': ~:.'" -"'" ." ' "":..' '....11-':.' ." r".'-' ." ''I'' .'1. "'.:..' ,II. ->" , "".'.".':',;.,.,.. .'. iIf "1....":._'.'.:,.....' .. __ _'. II . " , . ' ~ .'. . . , - .. . - , . . Q9-;)SG. l, lh~lJ AGREEMENT AND WAIVER OF MECHANICS' LIENS (For Contractor) To be indexed against: (I) FRED TIDA Y BUILDERS, INC., as Contractor for index purposes, Plaintiff v. HOWARD L. ALSTER and ROSENDA G. ALSTER, his wife, as Owner for index purposes, Defendant and (2) HOWARD L. ALSTER and ROSENDA G. ALSTER, his wife, as Owner for index purposes, Plaintiff v. FRED TIDA Y BUILDERS, INC., as Contractor for index purposes, Defendant . . . . . . . , . . - -'.. ....,.. - ," ; . AGREEMENT AND WAVIER OF LIENS (for Contractor) KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, FRED TIDA Y BUILDERS, INC., ("Contractor"), has entered into a written Construction Agreement dated March 15, 1999, (as the same may be amended from time to time, the "Agreement") with HOWARD L. ALSTER and ROSENDA G. ALSTER, his wife, ("Owner"), owner of the real estate located at Pinehurst, Lot 26, Phase V (Sand Pine Courl), Mechanicsburg, Hampden Township, Cumberland COl/lIty, Pennsylvania, as more particularly described in Exhibit "A" attached hereto ("Premises"), for the erection and construction ofa single-family dwelling with attached garage ("Improvements") located on the Premises; and WHEREAS, Eastern Mortgage Services., will advance, subject to the terms of its loan documents, certain funds to Owner secured by a mortgage and other instruments which wiII encumber the Premises; and WHEREAS, it is the intention of Owner and Contractor that (a) neither the Premises, the estate or title of Owner in the Premises, the Improvements, erected or to be erected thereon, nor the curtilage or curtilages appurtenant thereto (all of the aforesaid hereinafter referred to as the "Project") shall now or hereafter be subject to a lien of any kind for any debt or debts due by Owner to Contractor or for any debt or debts due by O\\ner or Contractor to any subcontractor, materialmen, laborer or other party (Contractor and all other subcontractors, materialmen, laborers and other parties are hereinafter individually and collectively referred to as the "Waiving Parties"), whether such debt or debts be for contracts or subcontracts executed or for materials, labor, work, superintendence, goods or services furnished or supplied in connection with the erection and construction of the Improvements; and (b) the right of anyone, including all Waiving Parties, to claim any such lien be waived hereby; NOW, THEREFORE, Contractor, intending to be legally bound hereby, in consideration of the sum of One Dollar ($1.00) to Contractor in hand paid, the receipt of which is hereby acknowledged, as well as for and in consideration of the entry by Owner into the Agreement and for the benefit of Owner and Lender, does hereby, for Contractor and any and all of the other Waiving Parties, expressly waive and relinquish all right 10 file a mechanics' lien, claim or notice of intention to file any lien or claim and does covenant and agree that no mechanics' lien, claim or intention to file any lien or claim shall be filed or maintained by or in the name of Contractor or any of the other Waiving Parties against the Project, or any interest of Owner or Lender therein, for or on account of any work done or materials fumished under the Agreement or under any supplemental contract. verbal or written. or contract for extra work for C:\J. WOAA\REAL \G04:!OQ9<.:, Wi'l> .. 2.. "1. ., . - '.' , '. ,',' '. , '..,. ""1(, or about the management, superintendence, erection, construction, alteration, repair and completion of the Project, or any part thereof, or preparation therefor, or any of them or otherwise, and all of the Waiving Parties (other than the Contractor) shall look to and hold Contractor personally liable for all contracts, subcontracts, materials furnished and work and labor done, so that there shall be no legal or lawful claim of any kind whatsoever against Owner and/or Lender for any work done or labor or materials furnished under the Agreement or under any supplemental contracts, verbal or written, or contracts for extra work for or about the management, superintendence, erection, construction, alteration, repairs and completion of the Project, or any part thereof, or preparations therefor, or any of them or otherwise. , ,I THIS AGREEMENT waiving the right oflien shall be an independent covenant. In order to give Owner and Lender full power and authority to protect the Project against any and all mechanics' liens, claims or intcntions to file licns or claims filcd by any of the Waiving Partics or in violation of this Agreemcnt, Contractor, for Contractor and all other Waiving Partics hereby irrcvocably authorizes and empowers any attorncy of any Court ofCornmon Pleas ofthc Commonwealth of Pennsylvania or any attorney of any other court or jurisdiction thcre or elsewhere, to appear in any said courts or jurisdiction for Contractor, and all Waiving Parties, or any of them, as many times and as often as Owner deems necessary, and to mark satisfied of record, at the cost and expense of Contractor, or any such subcontractor, materialmen, laborer or other party, any and all claim or claims, lien or liens, intention or intentions (0 file lien or claim filed by or fonn them or any of them, or in his, its or their name against the Project, or any part thereof, and, for such act or acts this shall be a good and sufficient warrant and authority, and a reference to the Court ternl and numbcr or place in which this Agrecment and Waiver shall havc becn filed shall bc a sufficient exhibit to thc authority herein contained to warrant such action; and Contractor, for Contractor and all Waiving Parties, does hereby remise, release and quit-claim unto Owner and Lcnder, their heirs, personal representatives, successors and assigns, and their and each of their certain attorney or attorneys any and all manner of error and errors, defects and imperfections whatsoever in entering such satisfaction or any way concerning the same. This Agreement and Waiver is made and intcnded to be filed with the Prothonotary of the Court of Common Pleas of Cumberland County, the county in which the Project is situate, in accordance with the requirements of Section 402 of the Mechanics' Lien Law of 1963 (49 P.S. Section 1402). All oflhe foregoing waiver provisions and remedics herein contained shall be availablc to and for the protection of Owner and Lender. their heirs, personal represcntativcs, successors and assigns. C:\I.'J.'t)Rl\ JU:,.^,I,\(j04~O'Nl' WI'I) - 3- , ,.'.' \ , , .. , . r .. ." ", '." "'. "" " .', " '.' . ". ,.' '.. , '- I~ ~ >- ',1.,0 .. '.:; !;1[, ...:t :5 If-,:! - (l~ 9r:'~ ii: u< 6Q .....,~ LLI~. ~ .;;::'):! 0: ~l~ C"\J .';~ ':!} O ...,;:.... /".-: c...= (~z '_JI[' 4- q {[Je! u Cl ",< 0'\ 8 vJ '" .u J ~ 3 c:t -I:: . ~ ....~'- C1 ;; 2It 02 ....... 8 ~ 'b. ." ~ c1 ~ & ~ r:L . . . . . .