HomeMy WebLinkAbout04-0549 Law Offices
IRWIN, McKTV1GHT & HUGHES
60 P/est Pomfret Street, Carlisle, Pennsylvania 17015-3222
WAIVER OF LIENS
THIS AGREEMENT, made and concluded this day of ,2004 between
BRYANT G. MINNICIt AND TIMOTHY B. MII~,INICH of 95 Fox Lane, New~ille, Pennsylvania, 17241, parties
of the first part (hereinat~er called Owner),
BRYANT MINNICIt CUSTOM BUILT 1tOMES,, with its principal offices located at 95 Fox Lane, Newville,
Cumberland County, Pennsylvania, 17241, party of the second part (hereinafl. er called Contractor).
WHEREAS, the said parties have by a duly executed agreement under seal, dated ,200 , entered
into a written contract for construction ora single family dwelling located at Lot 10, Center Road, Brick Church Estates, Upper
Frankford Township, Cumberland County, Pennsylvania, more particular described in the atmcbed Exhibit A.
NOW THIS AGREEMENT WlTNESSETH: That the Contractor for and in considaration of the contract aforasald
and the consideration mentioned thereunder, as well as the tiaa. her consideration of One ($1.00) Dollar to him in hand paid by the
Owner at or before the sealing and delive~ of these presents, the recaipt 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 curtilage or curtilagas appurtenant thereto, by Contractor or by any sub-contractor,
materialmen or laborers for work done or materials furnished under said contxact 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,
materialman, 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, constraction 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 raspeet 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.
AND, in order to give the Ovaaar 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 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 Materialman, 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 anthodty, 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 impoffect'tons whatsoever in entering such setisfacfion 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:
(SEAL)
BRYANT MINNICH CUSTOM BUILT HOMES
b ~ C.-~ ~ (SEAL)
BR~T G. MINNICH Contractor
2
ALL THAT CERTAIN tract of land situate in Upper Frankford Township, Cumberland
County, Pennsylvania, bounded and described in accordance with a subdivision plan prepared by
Eric Diffenbaugh, RPLS dated and recorded in the Office of the Recorder of Deeds
for Cumberland County in Plan Book, Page as follows:
BEGINNING at a point in the centerline of Center Road, SR 4008 at comer of Lot No 9
on said plan; thence along Lot No. 9 South 35 degrees 46 minutes 23 seconds East 366.48 feet to
an iron pin set; thence along Lot No. 14 South 45 degrees 48 minutes 22 seconds West 156.85
feet to an iron pin set; thence along Lot No. 11 on plan North 37 degrees 57 minutes 18 seconds
West 389.73 feet to a point in centerline of Center Road SR 4008; thence along centerline of
Center Road SR 4008 North 54 degrees 13 minutes 37 seconds East 170.00 feet to a railroad pin
set, the Place of BEGINNING.
CONTAINING 1.4127 acres and designated as Lot No 10 of Brick Church Estates.
Being part of the same premises which Bryant G. Minnich and Donna K. Minnich, his
wife, granted and conveyed to Bryant G. Minnich and Timothy B. Minnich by deed dated May 5,
1997 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book
157, Page 183.
EXHIBIT A