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HomeMy WebLinkAbout04-4428 WAIVER OF LIENS THIS AGREEMENT made this ~;~ ~r-day of ~ ,2004, between STEVEN L. SPAHR and SHARON J. SPAHR of-~arlisle, Cumberland County, Pennsylvania(~Owner"), and DOUGLAS THOMAS d/b/a THOMAS CUSTOM BUILDING and d/b/a THOMAS BUILDING AND RENOVATION of 2 Kaseeta Ddve, Carlisle, PA 17013 ("Contractor"). THE BACKGROUND of this Agreement is as follows: By a duly executed written agreement dated August 1, 2004 (the "Contract") Owner and Contractor have contracted for the erection, construction and completion of a custom built home (the_"lmprovements") to be erected on real estate known as Lot #35 Prickly Pear Drive, Carlisle, PA 17013 being more specifically described in Exhibit "A" attached (the "Property"). NOW THIS AGREEMENT WITNESSETH: 1. The Contractor, for himself and anyone else acting or claiming through or under him, for and in consideration of one dollar ($1.00) in hand paid by Owner, the receipt whereof is hereby acknowledged, and further consideration mentioned in the Contract, and intending to be legally bound hereby, does hereby waive and relinquish all fight to file a mechanics' lien, claim or notice of intention to file any lien or claim, and 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 Improvements or the estate or title of Owner in the Property or the curtilage or curtilages appurtenant thereto, by or in the name of Contractor or any subcontractor, matefialmen or laborers for work done or materials furnished under the Contract or by any other party acting through or under them or any of them for and about the Improvements or the Property or any part thereof, or on credit thereof, and that all subcontractors, materialman, and laborers on the work shall look to and hold Contractor personally liable for all subcontracts, 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 fumished under the Contract for and about the erection, construction and completion of the Improvements, or under any contract for extra work or for work supplemental thereto, or otherwise. 2. This Agreement waiving the right of lien shall be an independent covenant and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction and completion of the Improvements as to any work or labor done and materials furnished under the Contract. 3. In the event Contractor consists of more than one person, firm or corporation, the undertakings hereunder of each of such persons, firms or corporations shall be joint and several, and the word "Contractor" shall mean all or some or any of them. For purposes of this Agreement, the singular shall be deemed to include the plural, and the neuter shall be deemed to include the masculine and feminine, as the context may require. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals dated the day and year first above written, OWNERS: (SEAL) COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND On this, the -~ ~T' day of ~-~ public, the undersigned officer, personally~flppeared 2004, before a notary STEVEN L. SPAHR, SHARON J. SPAHR, and DOUGLAS THOMAS, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF I hereunto sat my hand and official seat. Notary Public LEGAL DESCRIPTION BEING THE SAME PREMISES which Don E. Baokenstow and Anne R. Backenstow by Deed dated 6/4/04 and recorded 6/8/04 , in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in instrument No, 2004-02252;~ , granted and conveyed unto Steven L, Spahr and Sharon J. Spahr, husband and wife, their heirs and assigns.