HomeMy WebLinkAbout08-1013,,; + ..~.
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Law Offices
IRWIN & Mc%NIGHT
60 Rest Pomfret Street, Carlisle, Pennsylvania 17013-3222
Waiver of Liens
THIS AGREEMENT, made and concluded this ~_~day of February, 2008 , by and
between
BRIAN T. BARBER AND MARISOL BARBER, his wife, of 51 Pine Street, Carlisle,
Pennsylvania, party of the first part (hereinafter called Owner),
RIDGEVIEW CUSTOM HOMES, LLC, of 945 Ridge Road. Shippensburg, Cumberland
County, Pennsylvania, party of the second part (hereinafter called Contractor).
WHEREAS, the said parties have by a duly executed agreement under seal, dated February
2008 entered into a written contract for the erection, construction and completion of a
dwelling, situate at 63 Tanger Road, Boiling Springs, Cumberland County, Pennsylvania, also known as
Lot 19 Cela Crossings and recorded in Cumberland County Deed Book 276, Page 4702.
NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in consideration of
the contract aforesaid and the consideration mentioned thereunder, as well as the further consideration of
One ($1.00) Dollar to him in hand paid by the Owner at or before the sealing and delivery of these
presents, the receipt whereof is hereby acknowledged, 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 said building or buildings or the cartilage or cartilages appurtenant thereto, by Contractor or by any
sub-contractor, material men or laborers for work done or materials furnished under said contract or by
any other party acting through or under them or any of them for and about said building or buildings or
any part thereof, or on credit thereof, and that all sub-contractors, material men, and laborers on said
work shall look to and hold Contractor personally liable for all sub-contracts, 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 said contract for and about the erection,
construction and completion of said buildings as aforesaid, or under any contract for extra work, or work
supplemental thereto, or otherwise.
AND 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 said building or buildings as to
any work and labor done and materials furnished under the contract aforesaid.
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AND, in order to give the Owner full power and authority to protect itself 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 himself, themselves, 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
expense of the Contractor or of any Sub-Contractor or Material man, or Material men, any and all claims
or claim, lien or liens, filed by or for the Contractor, or any Sub-Contractor or Material man, 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 remise, release and quit-claim all rights and all manner of errors, defects and imperfections
whatsoever in entering such satisfaction or in any- wise 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.
WITNESSES PRESENT:
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BY: ~ ~- ~ (SEAL)
BRIAN T. BARBER Owner
rnQUUl,4~p..QJ (SEAL)
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MARISOL B ER Owner
WITNESSETH:
RIDGEVIEW CUSTOM HOMES, LLC
BY; (SEAL)
Contractor
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