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HomeMy WebLinkAbout99-03733 g9 - 3 >33 m c-b WAIVER AND RELEASE OF LIENS THIS Waiver and Release of Liens is executed by KEITH L. METZGER and WALTER R. SOWERS, III, (the "Undersigned") in favor of MARTHA E. DEITZ (the "Owner") and JOSHUA E. SIGMAN, trading as Sigman Home Sales ("Sigman"); WHEREAS, Owner is the fee simple owner of a certain tract of land located in Monroe Township, Cumberland County, more fully described in a deed dated January 20, 1982 and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book "R", Volume 29, Page 163 (hereinafter the "Premises"); and WHEREAS, the Undersigned provided certain services to the Owner which included the razing of a structure and the construction of a foundation on the Premises in preparation for the delivery and erection on the Premises of a modular home by Sigman; WHEREAS, the Undersigned are considered contractors, mechanics and materialmen under the Mechanics Lien Act of 1963, as amended; ti NOW THEREFORE, for value received, and in consideration of t the sum of One and 00/100 Dollar ($1.00) paid to the Undersigned, the Undersigned agree as follows: 1. The Undersigned, for themselves and anyone else acting or claiming through or under them do hereby waive and relinquish all right to file a mechanics' or materialmen's lien, or notice of intention to file any lien, and do hereby covenant, promise and agree that no mechanics' lien or other lien of any kind whatsoever shall be filed or maintained against the Premises or any improvements thereon, or the estates, rights, titles or interest of owner in the Premises, or any part thereof, or the appurtenances thereto, by or in the name of the Undersigned or any subcontractor, materialman or laborer acting or claiming through or under the Undersigned for work done or materials furnished in connection with the Premises or by any other party acting through or under them or any of them for and about any improvements to the Premises or the Premises or any part thereof. 2. This Waiver and Release of Liens waiving the right of lien shall be an 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 any improvements to the Premises. 3. The Undersigned hereby irrevocably authorize and empower any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear as attorney for it, them or any of them, r in any such Court, and in its or their name or names, to the extent permitted by law, mark satisfied of record at the cost and expense of the Undersigned or of any subcontractor or materialman of it, any and all lien or liens, filed in violation of the foregoing covenant, or cause to be filed and served in connection with such lien or liens any pleading or instrument, or any amendment to any pleading or instrument previously filed by it or them, and to incorporate therein, as part of the record, the waiver contained in this instrument, and for such act or acts this instrument shall be good and sufficient warrant and authority. A reference to the court, term and number in which and where this document shall have been filed shall be conclusive evidence of the authority herein contained to warrant such action, and the Undersigned, for itself and for them, hereby remise, release and quit-claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in filing such pleading, instrument or amendment, or in any way concerning them. 4. In the event any part of this Waiver and Release of Liens is determined to be illegal or unenforceable, it shall be deemed stricken or reformed and the remainder of this instrument shall be unaffected and remain in full force and effect. IN WITNESS WHEREOF, the Undersigned have executed this instrument this /()14( day of June, 1999. (SEAL) K h L. etzger, Gs 'ftI C7a2 (SEAL) Walter R. Sowers, III L?UNI7PNCTDI? COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND) On this the day of June, 1999, before me, a Notary Public in and for said Commonwealth and County, the undersigned officer, personally appeared KEITH L. METZGER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. F 3 1 La "a I 1 1 rr l c C 1 1 Notary Public COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND) 4 On this the / day of June, 1999, before me, a Notary Public in and for said Commonwealth and County, the undersigned officer, personally appeared WALTER R. SOWERS, III, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. r.?a ra'w Notary Public Monroo I%.,, My comir,is .?ntyJ M9mbgr, PbnnsyNania :u L.ueLen of N?,mea ?- ?.?? ?- ?:- ?: c; -' '?_ ? ,.. a. ,/: _,... , ?- ? ? ? ? , ";; ; , _ : ?:? ,p ?? - .,. ? ? ? 7 ? . .:? i?