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HomeMy WebLinkAbout03-3122WAIVER OF LIENS This instrument is executed this f.~ day of ~JoN~ , ~ by Mid-State, Inc. with an office at 638 Antoine Street, P. O. Box 1864, Harrisburg, PA 17105-1864, ("Contractor"), in favor of Lancaster Development Company, with an office at 5000 Ritter Road, Suite 201, P.O. Box 1367, Mechanicsburg, PA 17055-1367 ("Owner"). WHEREAS, Contractor has entered into a contract with Developer for Owner for the erection or construction of a building and other improvements upon a certain lot of ground located at 5065-73 Ritter Road, Mechanicsburg, PA 17055. WHEREAS, it is the intention of Owner and Contractor that neither said lot of ground nor the improvements erected or to be erected thereon shall be subject to a lien for debts due by Owner or Contractor or by Contractor to any subcontractor for labor or materials furnished or to be furnished in the said erection or construction, and that the right of anyone to claim any such lien be waived hereby. NOW THIS AGREEMENT WITNESSETH: That Contractor, for and in consideration of the contract aforesaid and the considerations mentioned thereunder, as well as the further consideration of One Dollar ($1.00) to it in hand paid by the Owner at or before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, and intending to be legally bound hereby, does hereby covenant, promise and agree, for Contractor and any and all subcontractors, materialmen, laborers and parties acting for, through or under Contractor, that no mechanics' lien or other lien or claim shall be filed or maintained against the building, improvements, lot of ground or any part thereof, or the curtilings or curtilages appurtenant thereto, by anyone, and that all subcontractors, materialmen and laborers shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done. AND this agreement, waiving the right of lien by anyone, shall be an independent covenant and shall operate and be effective with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction and completion of the buildings as well as to any work and labor done and materials furnished under the contract aforesaid. AND, in order to give the Owner full power and authority to protect the Owner and the building, improvements and lot of ground against any and all claims filed by Contractor or anyone acting under or through Contractor in violation of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common Pleas as Attorney for Contractor and, in Contractor's name, mark satisfied of record at the cost and expense of the Contractor, or any subcontractor or materialman, any and all claims against the property or liens or lien filed by or for the Contractor, or any subcontractor or materialman, or in the name of any one or more of them, against the building, improvements, lot of ground or any part thereof, or cause to be filed and served in connection with such claims, 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 and release contained in this instrmnent, and, for such acts, this shall be good and sufficient warrant and authority, and a reference to the Court, Term and Number in which and where this instrument shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor does hereby remise, release and quit claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in anywise touching or concerning the name. This instrument is made and may be filed with the Pronthonotary of Cumberland County in accordance with the requirements of the Pennsylvania Mechanics' Lien Law of 1963, as the same may be amended from time to time. In the event any part of this Waiver of liens is determined to be illegal or unenfomeable, 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, Contractor has executed this instrument this ~6~ day of CONTRACTOR COMMONWEALTH OF PENNSYLVANIA ) ) COLTNTY OF DAUPHIN ) ) On this, the ~.f.~__ day o f Jeiji ~. ,2000 before me, Jo~M I:. the undersigned officer, personally appeared before me 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 seals. No{'~ Public Notarial Seal David R. Wetzel. Notery Public Miilemburg Bore, Dauphin County My Commission Expireo Nov. 3, 2003