HomeMy WebLinkAbout03-3061NO LIEN AGREEMENT
THIS AGREEMENT, madeandente~dintothis'~:~dayof ~'~-',~ ,2003, byandbetweenB.T. HITE,L.L.R, of
200 Union Ave., Altoona, Pennsylvania, 16602 hinaffer called "OWNER",
AND
, of ,~O ~ ~O'~j ~ O/J~'~ ~'*~..¢/'UI /~4j~' , ,emin~ ~
"CONT~CTOR". /~0 ~ ~
WHEREAS, the pa~s hereto ha~ enter~ into a ~in Cons~c~n Contract Agreement (the "Agr~men~')
pumuant to wh~h CONT~CTOR will pe~ ~in wo~ and ~mish mate~ls in ~nne~n w~ ~e con~m~n and
de~pment of a one sto~ bu~ing upon O~ER'S ~t of ground s~u~e ~ the Borough of Caflb~, Coun~ of Cum~d
and ~te of Penn~n~, and being mom ~ de~b~ as ~e B.T. HffE, LLP pmpe~ on R~er H~hw~ (S.R. 0011)
penns~n~, de~rib~ in D~ Book Volume 255 Page 629,as ~ w~ ~e R~ of D~s O~ in and for
Cum~nd Count.
NOW, THEREFORE, in ~ns~emt~n of the ex~ut~n and de~ of ~e Ag~ment and ~tending to be ~al~
bound h~by, CON~CTOR, ~r ~, ~ su~ssom and as~ns, and ~r all sub~n~ and o~er ~s a~ing
through or under ~ or h~ do~ hereby ~nant, pmmi~ and ag~ that no m~han~'s I~n or c~im or o~ ~ ~ ~ of
any kind wh~e~r shall be ~ or main~ against the bui~ing, the ~nd or any ~ or pa~ ~e~f or ~e
appu~enan~s ~o, by CON~CTOR or by any sub~n~or, m~e~lmen, ~bomm or o~em for wo~ done or ~r
any toob, ~uipment, mate~ or supe~s~n or o~em ~s ~ mbh~ under the Ag~ment or any su~n~ and any
supp~men~ ~e~o, w~ or omi, or by any o~ ~ a~ng ~mugh or under ~em or any of ~, ~r about ~e
ms~en~ and ~nd or any ~ the~f, or on ~e c~ the~f.
AND, th~ No-L~n Ag~ment shall be an ~depend~t ~nant and shall operate and be ~ as weli ~h
m~ to wo~ done and m~b and ~s ~m~h~ under any suppbmen~l ~nt~ ~r ~ ~ ~ ~nn~n ~
· e con~n of ~e impro~men~ as to any wo~ and ~bor done and materials ~mish~ under ~e Ag~ment.
C:\DOCUM~NTS AND SETTING$\~DEFAZIO\DESKTOP\JOB$\CARLISLE NO LIEN AGR.DOC
AND, in order to give the OWNER full power and authority to protect itself and the building and the lind against any
and all cliims filed by CONTRACTOR, or by any subcontractor or anyone acting under or through CONTRACTOR in
violition of the foregoing covenant, CONTRACTOR, for himself, his successors and assigns, and all such persons hereby
in~vocably authorized and empowers any attorney of any Court of Common Pleas of the Commonwealth of PeflnsyNanli to
appear for him, 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 expense of CONTRACTOR or of any such subcontractor, laborer or matedalmen, 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 autho~'y 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 matedalmen, does hereby release all errors and defects whatsoever in the entry of any
such satisfaction or the exercise of the autho~y hereby conferred.
This No-Lien Agreement will be filed in the Office of the Prothonotary of Cumberland County, Pennsylvania,
pursuant to the provision of the Act of August 24, 1983, P.L. 1175, No. 497, as supplemented and amended and the receipt
for such lfling will be delivered to OWNER prior to the comrr~ncement 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
fi-om all liens. Furthermore, if any CONTRACTOR/subcontractor has worked on the lind 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 w~tten.
OWNER:
Bruce J. Thaler
CONTRACTOR: