HomeMy WebLinkAbout01-6637 Waiver of Liens
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THIS AGREEMENT made and ~oncluded this 6)4 dayof ....
20 {9 [ between D. D. & K., Inc. of Mechanicsborg, PA, party ofthe first part (hereinat~er
called Owner), and Brim Builders, 475 Phoenix Drive, Chamber~burg, PA 17201, party of the second part
(hereinafter called Contractor).
WHEREAS, the said parties have by a duly executed Agreement under seal, bearing even date herewith
entered into a written contract for the erec~tion and completion of a residential dwelling unit (duplex or
triplex) to be erected on Lots ,ff.~ ¥ ~q-'~/ in the Bent Creek Crossing development, in which
Agreement the Contractor covenanted, 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 eurtilages
NOW THIS AGREEMENT WITNESSETH: That Contractor for and in consideration of the awarding to
him by Owner of said conuact as aforesaid, as well as the fimher consideration of One ($1.00) Dollar to
him paid at or before the emealing and delivery of these presems, the receipt whereof is hereby
acknowledsed does hereby covenant, promise and agree that no delivery mechanics' lien or claim of any
kind whatsoever shall be filed against the said building or buildings or the curtilage or curtilages
appurtenant thereto, by the Contractor or by any sub-contractor, nmterialmen or laborers, for work done
or 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 of labor or materials furnished under said co~ih-~t for and
about the erection, eonsh-action, and completion of said buildings as aforesaid, or under any contracts for
extra work, or for work supplemental there to or otherwise, provided that Contractor may make claims
~ainst Owner but not through the Mechanics' Lien pro~ess.
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 himself, themselves, itself, hereby irrevocable
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 any Sub-contractor or Materialman or Materialmen, any and all claims or claim, lien, or
liens, filed by or for the Contractor or and Sub*conWactor or Materialman or in his or their name against
said building or buildings, or lots of ground or any part thereof and for such act or acts that 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 therein contained to
wa~-iant 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 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.
Witness Present: