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HomeMy WebLinkAbout02-0220File No. HAR125-942 Date: 1/11/02 WAIVER OF LIENS THIS AGREEMENT made and concluded on January 11, 2002 between Michael F. Krejci and Linda G. Krejci, party of the first part (hereinafter called Owner), and Fogarty Homes, party of the second part (hereinafter called Contractor). WHEREAS, the said parties have by a duly executed Agreement under seal, beating even date herewith, entered into a written contract for the erection, construction and completion of Lot 76, Sycamore Court, Enola, Pennsylvania 17025 to be erected on, Parcel Number 09-13-0999-199. WHEREAS, by the terms of contract aforesaid the Contractor covenanted, promises and agreed that no mechanic lien or claims would be entered and filed against the said building or buildings or any part thereof, or the curtilage or curtilages appurtenant thereto, either by himself or anyone else for any work, labor and materials supplied in the performance of the said contract, or under and supplemental contract for extra work, in the erection, construction or completion of the said building or buildings or any of the curtilages appurtenant thereto. NOW THIS AGREEMENT WlTNESSETH: That the Contractor for and in consideration of the contract aforesaid and the consideration mentioned thereunder, as well as the further consideration of one dollar ($1.00) 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 mechanic's liens or claim or their lien of claim of any kind whatsoever shall be filed or maintained against the said building or buildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any sub-contractor, matefialmen or laborers for work done or materials fumished under said contract or by any other party acting through or under them for and about said building or buildings or any part thereof, or on credit thereof, and that all sub-contractors, materialmen and laborers on said work shall look to and hold Contractor personally liable for all sub-contracts, materials fumished 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 any about the erection, construction and completion of said building as aforesaid, or under any contract for extra work, or for work supplemental thereto, or otherwise. AND this Agreement waiving the right of lien shall be independent covenant and shall covenant and be effective as well with respect to work done and materials furnished under and supplemental contract for extra work in the erection, construction and completion of the 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 him/herself 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 him/herself, 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 of any subcontractor or materialman or matieralmen, any and all claims or claim, lien or liens, filed by or for the Contractor, or any subcontractor or materialman or in his/her 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 authority, and a referen-ce to the Court, Te~l~ and Number in which and where this Agreement shall have been filed shall be sufficient exhibit of the authority herein contained to warrant such action, and the Contractor for him/herself, themselves, itself, do hereby remise, release and quitclaim all rights and all manner of errors, defects and imperfections what-soever in entering such satisfaction or in anywise touching or concerning the same. IN WITNESS WHEREOF the said partied have hereunto set their hands and seals dated the day and year first above written. ~)~'ITNESSES PRESENT Seal Seal first above written.