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HomeMy WebLinkAbout04-3033 Law Offices IRHflN & McKN1GHT 60 ~Fest Pomfret Street, Carlisle, Pennsylvania 17013~3222 WAIVER OF LIENS THIS AGREEMENT, mede and concluded this 2~' day of June, 2004 between MICAH J. ARTZ AND CHRISTINE J. ARTZ, his wife of Carlisle, Pennsylvania, 17013, parties of the first part (hereinafter called Owner), AND BRYANT MINNICH CUSTOM BUILT HOMES, with its prinalpal offices located at 95 Fox Lane Newville, Pennsylvania, 17241, party of the second part (hereinafter called Contractor). WHEREAS, the said parties have by a duly executed agreement under seal, dated June ,2004, entered into a written contract for construction of a single family dwelling located on Decrview Drive, Upper Frankford Township, Cumberland County, Pennsylvania, mom particular described in the attached Exhibit A. 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 curtilage or curfilages appurtenant thereto, by Contractor or by any sub-conmactor, 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 tham for and about said building or buildings or any part thereof, or on credit thereof, and that all sub-conrcactors, materialmen, 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 ~espect 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 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 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 tham, in any of the said Courts of Commnn 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 man, 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 authoriW, and a reference to the Court, Term and Nmnbor in which and where this Agreernant shall have been filed shall be a sufficient exhibit &the Authorhy herein contained to warrant such action, and the Con.actor 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 WITNESSES PRESENT: (SEAL) CHRISTINE J. A~Z (SEAL) BRY~T MINNICH CUSTOM BUILT HOMES BR~T G. MINNICH Contractor 2