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HomeMy WebLinkAbout04-2975 Low Offices IRWIN & McIENIGHT 60 }Fest Pomfret Street, Carlisle, Pennsylvania 17013-3222 WAIVER OF LIENS THIS AGREEMENT, mede and concluded this '?.At' day of June, 2004 between ROY L. COLLARE AND DEBRA A. COLLARE o~ 926Bahimore Pike, Gardners, Pennsylvania, 17324, parties of the first part (hereinalter called Owner), AND CRAFTBUILT, INC., with its principal offices located at 2 Kev~_rt B'l~.~te., l~etw O~£ord~ , Pennsylvania, 173.50 , party of the second part (hereinafter called Contractor). WHEREAS, the said parties have by a duly executed agreement under seal, dated May 1, 2004, entered into a written contract for construction of a single Pamily dwelling located on Smith Roed, South Middleton Township, Cumberland County, Pennsylvania, more particular described in the attached Exhibit A. NOW THIS AGREEMENT WITNESSETH: That the Con~ractor 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 s~ealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby covenant, promise and ague that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against thc said building or buildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any sub-contractor, materialmen or laborers for work done or materials furnished under said contract or by any other party acting through or under them or any of thern 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 thc 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 eft~ctive as well with respect to work done and materials furnished under any supplemental contract for extra work in thc 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 Owner full power and authority to protect himself and the lot or lots of ground against any and a/I 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 Commun 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-Cuntractor or Materialman, or Material man, any and all claims or claim, lien or liens, filed by or for the Contractor, or any Sub-Cuntractor 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 end sufficient warrant end authority, end 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 hends and seals dated the day and year first above written. WITNESSES PRESENT: OLLARE Owner DEBRA A. COLLARE Owner (SEAL) Contractor