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WAIVER OF LIENS
07- 3 vQa m~ `T~
THIS AGREEMENT made this day of , 2007,
between DAVID W. ROSE and JANICE L. ROSE of Carlisle, Cumberland County,
Pennsylvania ("Owner"), and JAMES N. CLITES, a sole proprietor, d/b/a CLITES
DESIGN & BUILDERS of 615 W. Old York Road, Carlisle, PA 17015 ("Contractor")
THE BACKGROUND of this Agreement is as follows:
By a duly executed written agreement dated May 21, 2007 (the "Contract")
Owner and Contractor have contracted for the erection, construction and completion of a
custom built home (the "Improvements") to be erected on real estate known as Lot 14B
Hickory Rd., Carlisle, PA 17015 being more specifically described in Exhibit "A" attached
(the "Property").
NOW THIS AGREEMENT WITNESSETH:
1. The Contractor, for it and anyone else acting or claiming through or under it,
for and in consideration of one dollar ($1.00) in hand paid by Owner, the receipt whereof
is hereby acknowledged, and further consideration mentioned in the Contract, and
intending to be legally bound hereby, does hereby waive and relinquish all right to file a
mechanics' lien, claim or notice of intention to file any lien or claim, and does hereby
covenant, promise and agree that no mechanics' lien or claim or other lien or claim of
any kind whatsoever shall be filed or maintained against the Improvements or the estate
or title of Owner in the Property or the curtilage or curtilages appurtenant thereto, by or
in the name of Contractor or any subcontractor, materialmen or laborers for work done
or materials furnished under the Contract or by any other party acting through or under
them or any of them for and about the Improvements or the Property or any part thereof,
or on credit thereof, and that all subcontractors, materialmen, and laborers on the work
shall look to and hold Contractor personally liable for all subcontracts, materials
furnished and work and labor done, so that there shall not be any legal or lawful claim of
any kind whatever against Owner for any work done or labor or materials furnished
under the Contract for and about the erection, construction and completion of the
Improvements, or under any contract for extra work or for work supplemental thereto, or
otherwise.
2. This Agreement 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 the Improvements as to any work or labor done and materials furnished
under the Contract.
3. In the event Contractor consists of more than one person, firm or corporation,
the undertakings hereunder of each of such persons, firms or corporations shall be joint
and several, and the word "Contractor" shall mean all or some or any of them. For
purposes of this Agreement, the singular shall be deemed to include the plural, and the
neuter shall be deemed to include the masculine and feminine, as the context may
require.
i
IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals
dated the day and year first above written,
WITNESSES: ~°
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
On this, the ~~ day of 2007, before a notary
public, the undersigned officer, personally appeared DAVID W. ROSE and
JANICE L. ROSE, known to me (or satisfactorily proven) to be the persons
whose names are subscribed to the within instrument, and acknowledged that
they executed the same for the purposes therein contained.
IN WITNESS WHEREOF I hereunto set m~F Nand
ry Public
COMMONWEALTH OF PENNSYLVANIA cuMMUNWEALLM~PENNSYLV/V
S.S : Trills D. Naybr, Nosy PubYc
COUNTY OF CUMBERLAND ~~~
/~ NH comrr~ssion E~ires Oct. 2, tot 0
On this, the ~ day of 2007, before a notary
public, the undersigned officer, personally appeared JAMES N. CLITES, 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 myl~and and ~#I'icial
trills D. Naylor,
camas eaa, Ca
MY camrseion E Oct 2 ~ p
C TRACTOR:
_ (SEAL)
Ja s N. Clites, d/b/a Clites Design &
Builders
Exhibit "A"
A1(,I, that certain tract cf land. s~tt~ate in Miex '~ovwri~ai3p, Cctmberfar,~ {~tv,
~"cn~Syirania, trcrundcci and c}cac:ritaaj ~ [olfows:
TRAC'E' ?'+iC>, 2: BEGINNING at a point can X}ac ~astuu sitt+s oi" Hickvrp Rand a~ ate
tseng the sotultwesCem cvraer of Lot Ido. I3, 3~tian "t3" of Reis Acnss Estates; ~e by the
Iinc of Iiicko;y Road aforrezud, SUatfl 0' degrt~cs 3~ m.iriutcs 21 sxoacLs East, IS~i.f} fc~ to a
paint; beitng the ta~otthwestcan comer of Lc> No, 1 S, Section "~i" tifaxetwid; Thence tay the lu7c of
Lot No. ! 5 afnresaid~ North t32 dcgrscs 29 ulinutca 39 aocvnda East, 16fi.481'ect tv a pvi~t vu 6ut~
d#' ~t No. id, Section ~`A" a$ afv~esaid; thence by iiste of said irai ~Ic~. 14 acid t, :North U~
dcgre+cs 30 asinutea ~1 eocands Wept, 184,0 feet to a poi.~t; thence ~y the Unc of mat Nu 13,
St~ti~n •'B" as afores9ad, South $~ degrees 29 miztutes 39 ~camds West, 16fa.4$ fit tc the place
o£ SEGINN`[~7Ck.
Beim Lot Nn. H-Id 4f the Plan of L,ats kpo~vn ar Reis A<;ru~ }3at:att+t baton I3, ao ~rdcd is~
the Ufhtce ot•thc Recorder of heeds for Curu>;aexl~d Cotutty in Etatx Soak Nv. 19, c 2.
BEING THE SAME PREMISES which Ruth E. Bruce, widow, by Harry Edward
Dusman, her agent by Deed dated 3/14/07 and recorded 3/15/07, in the Office of
the Recorder of Deeds for Cumberland County, Pennsylvania, in Book 279, page
665, granted and conveyed unto David W. Rose and Janice L. Rose, husband
and wife their heirs and assigns.
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