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HomeMy WebLinkAbout07-4364~'~ 1 b7 - '~ 3(~y Iuc.D WAIVER OF LIENS CONTRACT WAIVER RIGHT TO FILE MECHANICS' CLAIMS WHEREAS, Kermit F. Wells and Kathryn E. Wells and Thomas E. Wells, herein called "Owners", and Schaff's Home Center, Inc., Building Contractor, hereinafter called "Contractor", have entered into or intend to enter into a certain Construction Contract, wherein the Contractor agrees to furnish, inter alia, all the labor, materials and services necessary or contemplated of the construction/ renovations/ improvements at 110 Old Sawmill Road, Newville, PA 21740 with said property being recorded in Deed Book: 278, Page: 4226 in the Cumberland County Land Records, Pennsylvania. WHEREAS, Owner and Contractor have agreed that no mechanic's claim or lien shall be filed by anyone against said structure, addition or property of the Owner, or any part thereof, for any work, labor, materials, or services furnished or supplied in connection with said contract. NOW, THEREFORE, the Contractor, for himself, his subcontractors and material men, and for those persons whomsoever acting or claiming through or under the Contractor, them, or any of them, intending to be legally bound hereunder, hereby covenants, promises and agrees to and with the Owner, their heirs, fiduciaries and assigns, as follows: 1. No lien or any kind whatsoever shall be filed or maintained by the Contractor, or any subcontractor, material man, laborer, or any person whomsoever acting or claiming by, through or under the Contractor, them, or any of them, against said structure, addition or property, or the curtilage appurtenant thereto, or any portion thereof, for or on account of any work or labor done or materials or services furnished by the Contractor, them or any of them, in connection with said Contract: and all subcontractors, material men and laborers on or in connection with said work shall look to and hold the Contractor solely liable and responsible for all subcontracts, work and labor performed, and materials and services furnished, so that there shall be no legal or valid claim of any kind whatsoever against the Owner of said structure, addition, property or curtilage for any work done or for any materials or services furnished under said Contract, or under revision or amendment thereof, or under any supplemental or additional contract for extra work or otherwise. 2. The Contractor, for himself and all subcontractors, material men, and laborers, hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas, within the State of Pennsylvania, from time to time, to appear as attorney for the Contractor, them or any of them, in any of said courts and in the Contractor's their, and each of their name or names, as the case may be, to mark satisfied of record, at their cost and expense, any and all claims and liens filed by or for the Contractor or any subcontractor, material man or laborer, against said property or any part thereof, for such act or acts this shall be good and sufficient warrant and authority; and a reference to the court, term and number, in which and where this Contract shall have been filed shall be sufficient evidence of the authority herein contained to warrant such action. Said Contractor, for the Contractor, all subcontractors, material men and laborers, and each of them does remise, release, quitclaim and forever discharge all rights and all manner of errors, defects and imperfections whatsoever in entering any such satisfaction or satisfactions, or in any way whatsoever touching or concerning the same. 3. This Contract shall be and constitute an independent covenant and shall operate and be effective as well with respect to all work and labor done and materials and services furnished under any revision or amendment of said Contract or under any supplemental or additional contract for extra work, although not herein referred to, as to work and labor done and services furnished under the above mentioned Contract. 4. The Contractor hereby warrants that no work or labor, or whatsoever kind or nature, has as yet been done and that no materials or services whatsoever have as yet been furnished by anyone, under, towards or in connection with the execution or performance of said Contract. 5. This waiver shall bind the Contractor and his/its successors and assigns. CONTRACTORS: „Lcu ,~' Scha s Home enter OWNERS: K r~" wells -~LILSil~~- ~ ~C~ Kath~yurr.. Wells Thomas E. Wells ~-' L NO LIEN AGREEMENT WHEREAS, an agreement was entered into between Schaff's Home Center .. Inc., CONTRACTOR ,and Kermit F. Wells, Kathryn E. Wells and Thomas E. Wells, "OWNERS". Whereby the said contractor undertook and agreed to perform certain work necessary to erect a building on the real estate of the owners situate at 110 Old Sawmill Road, Newburg PA 17240. That the said Contractor, for and in consideration of the sum of One ($1.00) Dollar in hand paid to it by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for itself and its subcontractors, and all parties acting through or under it or them, covenant and agree that no mechanic's liens or claims shall be filed or maintained by it or any of them against the said improvements and the lot of ground appurtenant thereto for or on account of any work done or materials furnished by it or any of them under said contract or otherwise, for, towards, in or about the erected and construction of the said improvements on the lot above described, and the said Contractor, for itself, its subcontractors and others under it hereby expressly waives and relinquishes the right to have, file, and maintain any mechanic's liens or claims against the said buildings or any of the improvements, and agrees that this instrument, waiving the right of lien, shall be an independent covenant. IN WITNESS WHEREOF, the said contractor has executed this agreement this 24th day of,~uly, 2007. By. Sch Home Center, Inc. ^ a' ~ C~ - c : ~ :~ -i7 '---- ~ r .l 7 ~; ~ ~. ' ~ (a ~ d ^,~ _ _..„ W ~; vy D t..,~ , .:.7 is. ,~ ts.~ '-F