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HomeMy WebLinkAbout03-5072ST .U nT O VS..ECe^. CS Application No. HSS #993094 THIS AGREEMENT Made and concluded this 19th dayof Septembe~.D.l~O03. Robert C. Rudrow and Jennifer M. Rudrow, husband and wife between _ of Camp Hi 11 , Party of the first part (hereinaftsr called Owner), A_ND Home Designs Unlimited party of the second part (hereinaftsr called Contractor). WHEREAS, the said parties have by a duly executed Agreement under seal, bearing even date herew/th, entered into a written coutract for the erection and completion of a two story home with two car garage to be erected on Lot No. 121, Phase 6B of Westbury, Cumberland County Plan Book 83, Page 129, situate in Hampden Township, Cumberland County and being also known as 5745 Aspen Lane, Enola, Pa 17025. in which Agreement the Contractor convenanted, promised and agreed that no mechanics' claims or liens should be entered and filed against the said building or buildings or any part thereof, or the curtilage or curtilagee appurtenant thereto, NOW THIS AGREEMENT WITNESSETH: That Contractor for and in consideration of the awarding to him by Owner of said contract as aforesaid, as well as the further consideration of One ($1.00) Dollar to him paid at or before the enasaling and delivery of theee presents, the receipt wheeeofis hereby acknowledged, does hereby covenant, premise and agree that no mechanics' lien or d-h~ or other lien or claim of any k/nd whatsoever shall be fled against the said building or buildings or the curtilage or curtilagee appurtenant thereto, by Contractor or by any sub-contractor, materialman or laborers for work done or materials furnished under said contract for and about said building or buildings or any part thereof, or on credit thereof, and that all sub-contractore, materiahnen, and labom~ on said work shall look to and hold Contractor personally liable for all sub-contracts, material= 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 materiais furnished under said contract for and about the erection, construction and completion of said buildings as aforesaid, or under any contracts for extra work, or for work supplemental thereto, or otherwise AND, in order to give the Owner full power and authority to protect himself and the lot or lots of ground against any and all claims filed by the Contractor or anyone acting under or through him or it in violation of the foregoing covenant, the said Contractor for hlm.elf, themselvee, itself, hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear for him, them, it, or any of them, in any of the said Courts of Common Pleas as Attorney for him, them or it and in his, their, its, name, mark satisfied of record at the cost and ~xpenas of the Contractor or of any Sub-Contractor or Materialman, or Materialman, any and all claims or claim, lien or liens, ~ed by or for the Contractor, or any Sub-Contractor or Materialman, or in his or their name against said building or buildings, lot or lots of ground or any part thereof and 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 Agreement shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor for himself, themselves, itself, do hereby remiss, 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 same. IN WITNESS WHEREOF the said parties have hereunto set their hands and seals dated the day and year first above written. WI~PPRESENT: Home ~gns Unlimited TC-2z (Rev. 8/86)