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HomeMy WebLinkAbout04-0217~90 EAST PENN DRNE ENOLA, PA 17025 ~,I.E.B. Contracting, Inc. WAIVER OF LIENS AGREEMENT Eno]a, PA 17025 ~n°ter Stree~Enol~PA 17025 j The undemigned is/are the Contractor(s) and Subcontractor(s), (as defined in the Act of August 24, 1963, P.L. 1175, No. 497 Article II §201,, 49 P.S. §1201) and Arch~tecti(s) and Engineer(s) (collectively, Part!es), with respect to the design an(] construction of the propose(] ~mprovements (Improvemenm) (wnicn !mprovements are more frilly descri,bed in the Cons.truct!on Loa, n Agreement dated 1/09/2,(]04 __ De,ween the Borrower and Eender (]escribed above) to the rea~ property described abov~ an(] in Schedule A attached hereto and incorporated herein by this reference (Property). 1, WAIVEROF LIEN. In consideration of the execution and delivery of the contract(s) entered into by any and all of the Parties and Borrower (Contract), and intending to be legally bound, the Parties, theLr successors and assigns and any and all parties acting or claiming through or under it or them waive an(] relinquish ell right to file any mechanics' lien or claim or notice of intention to file any mechanics' lien or claim. The Par'ties covenant, promise and agree that no mechanics' lien or claim of any kind shall be filed or maintained against any part of the Improvements or the Property by or in the name of the Parties or by any other ~arty acting through or under them or any of them for work or labor done (Work) or for any toots equipment or materials (Materials) or supervision or other services (Services) furnished under the Contract or any subcontract and any written or oral supplements to the Contract, or under any contract or subcontract for extra or supplemental work (Subcontract) for and about any part of the Improvements or the Property or on credit thereof. All Subcontractors shall look to and hold Contractor personally liable for all Subcontracts, Work, Material and Services, so that there shall not be at any time any legal or lawful claim of any kind against Borrower for any Work, Materials or Services furnished under the Contract or any Subcontract. 2. AUTHORITY TO EXECUTE DOCUMENTS. The Parties irrevocably authorize and empower any attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere, to appear as attorney for the Parties and all persons claiming under or through the Parties, at Parties expense, and mark satisfied of record in Parties's name any and all claims and liens filed by or for Parties against any part of the Improvements or the Property, This Waiverof Liens shall be a good and sufficient warrant and authority for such action. The Parties release all errors and defects in the entry of any such satisfaction or the exercise of the authority conferred. 3, FILING. This Waiver of Liens will be filed in the Office of the Prothonotary of the county where the Property is located pursuant to the provisions of the Act of August 24, 1963, P.L. 1175, No. 497, as supplemented and amended, and a certified copy of such filing will be delivered to Lender and a copy delivered to Borrower. LPPA407 © JohnH~rl~ndCo (9/12/00) (800)937-3799 Page1 In Witness Whereof, the Parties have caused this instrument to be executed as a sealed instrument this ~'"~' dayof January 2004 PARTY: ~'£ c,~,,,~-,~,~cz~,,,~.. /.Jc ~Ce~ter Street Enola, PA 17025, East Pennsboro Township, Cumberland County Parcel ID # 09-16-1052-003