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HomeMy WebLinkAbout03-541703- ¢¢ RELEASE AND WAIVER OF LIENS KNOW ALL BY THESE PRESENTS, that: BACKGROUND WILLIAM B. HAiNES and SUSAN M. HAiNES, husband and wife, of 24 Byers Road, Shippensburg, Pennsylvania ("Owner"), and WILLIAM B. HAiNES and SUSAN M. HAiNES, husband and wife, of 24 Byers Road, Shippensburg, Pennsylvania, hereinafter ("Contractor") have entered into an agreement (the "Agreement") relating to the construction services to be rendered in connection with the erection of a residence known as 24 Byers Road, Shippensburg, Pennsylvania, and other improvements upon the following described real estate, as part of the consideration for which Agreement this Release and Waiver of Liens is given: All that certain lot or piece of ground situate in the Township of Hopewell, County of Cumberland, Commonwealth of Pennsylvania, known as 24 Byers Road, Shippensburg, Pennsylvania. AGREEMENT NOW, THEREOFRE, Contractor, intending to be legally bound hereby, in consideration of the sum of One Dollar ($1.00) to Contractor in hand paid, the receipt and sufficiency of which are hereby acknowledged, as well as for an in consideration of the entry by the Owner into the Agreement, for Contractor and any and all parties acting for, through or under Contractor, them or any of them, or any one, covenant and agree with Owner that no mechanics' liens or claims shall be filed or maintained by Contractor, them or any of them, or any one, against the above-described real estate, or the buildings or other improvements to be erected thereon, or any of them, or the estate, interest or title thereto of Owner, for or on account of any work done under said Agreement or under any supplemental contract, verbal or written, or contract for extra work relating to the erection and completion of said buildings or other improvements, or any of them, or otherwise; and Contractor, for Contractor and any and all parties acting through or under Contractor, them or any of them, hereby expressly waives and relinquishes the right to have, file or maintain mechanics' liens or claims against said real estate or buildings or other improvements or any of them. Contractor, for themselves and their successors and assigns, do hereby release and waive any rights they may now or hereafter have to file or maintain mechanics' liens or claims against the above described real estate, or buildings or other improvements to be erected thereon, or any of them, or the estate, interest or title thereto of owner, for or on account of any work done prior to the date hereof under said Agreement or any prior agreement relating to services to be rendered in connection with erection of such buildings or other improvements. This agreement releasing and waiving the right of lien shall be an independent covenant and shall operate and shall be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in the erection and completion of the said buildings or other improvements as to any work and labor done and materials furnished and relating to the Agreement aforesaid. In order to give Owner and any person having an estate in the above-described property full power and authority to protect itself and themselves, the above-described property, the building or buildings or other improvements to be constructed thereon, and the curtilages appurtenant thereto, against any and all liens or claims filed by the Contractor or anyone acting under or through it in violation of the foregoing covenant by Contractor, the Contractor hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear as attorney for them or any of them, in any such Court, and in their name or names, (a) to the extent permitted by law, to mark satisfied of record at the cost and expense of Contractor any and all claims or lien filed in violation of the foregoing release, waiver and covenant, or (b) to cause to be filed and served in connection with claims or liens (in the name of Contractor or anyone else acting under or through them) any pleading or instrument, or amendment to any pleading or instrument previously filed by it or them, to incorporate therein, as part of the record the release and the waiver contained in this instrument, and Ibr such act or acts this instrument shall be good and sufficient warrant and authority and reference to the court, term and number in which and where Release and Waiver of Liens shall have been filed shall be a sufficient exhibit of authority herein contained to warrant such action, and Contractor, for them do hereby remise, release and quit-claims all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in filing such instrument or amendment, or in any way concerning them. This Release and Waiver of Liens is made and intended to be filed with the Prothonotary of the Court of Common Pleas of the County of Cumberland or other proper place in which the above-described lands are located, within ten days after the date hereof in accordance with the requirement of law in such case provided. tq~,~/eITNESS WHEREOF, Contractor has signed and sealed these presents this day o~2003. William B. Haines Outq~ er Owner j~ (Seal) Willian~ B. Haines C~tractor ~ Susan M. Haines Contractor COMMONWEALTH OF PENNSYLVANIA ) )SS. COUNTY OF CUMBERLAND ) BE IT REMEMBERED THAT on the (.pM day of May, 2003, personally appeared before me William B. Haines and Susan M. Haines, and acknowledged that they executed the foregoing Waiver of Liens and desires the same to be recorded. Sworn to and subscribed before me this ~v+v~ day of~, 2003. ~ otary rublic u My Commission Expires: