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HomeMy WebLinkAbout04-4855STIPULATION AGAINST LIENS WHEREAS, OAKWOOD CUSTOM HOMES, 1NC. ("Contractor") has entered into a written contract with DOUGLAS L. ZOOK ("Owner") for the construction ufA SINGLE FAMILY DWELLING to be {ocated at: 429 NORTH EAST STREET, CARLISLE, PA And WHEREAS, it is the intention of the Owner and Contractor that neither said {pt of ground nor the improvements erected or to be erected thereon or installed therein shall be subject to a lien for debts due by Owner or Contractor or by Contractor to any Sub-Contractor for labor or materials furnished in the said construction or installation, and that the right of anyone to claim any such lien to be waived hereby, NOW THIS AGREEMENT WITNESSESTH: That 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 paid by the Owner at or before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, and intending to be legally hound hereby, does hereby covenant, promise and agree, for contractor and any and all sub-contractors, malerialmen, laborers and parties acting for, through or under Contractor, that no mechanics' lien or claim or other lien or claim of any kind whatsoever si]all be filed or maintained against the but{ding or buildings, improvements, {pt of ground or any part thereof, or the curtilage or curtilages appurtenant thereto, by anyone, and that all sub-contractors, materialmen, and laborers shall look to and hold Contractor personally liable for all subcontracts, materials furnished, and work and labor done. AND this agreement, waiving the right of lien by' anyone, shall be an independent covenant and shall operate and be effective with respect to work done and materials furnished under any supplemenlal contract for extra work in the construction and instalbnent of improvements in the building as well 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 Owner and the building, improvements and lot of ground against any and all claims filed by Contractor or anyone acting under and througb contractor in violation of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common Pleas as Attorney for Contractor and in contractor's name, mark satisfied of record at the cost and expense of the Contractor, or of any subcontractor or materialmem any or all claims or claim, lien or liens, filed by or for the contractor, or any subcontractor or materialmen, or in the name of any one or more of them against the building, improvements, lot of ground or any part thereot; and, for such act or acts, this si]all be good and sufficient warrant and authority, and a reference to the Court, Term and Number in which and where this instrmnent shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor does hereby remise, release and quitclaim all rigbts and perfections whatsoever in entering such satisfaction or in any wise touching or ~ the same. This power may be exercised from time to time as often necessary. WITNES~ W~HERE}OF, Contractor an! day of ~~ , l Contractor: instrument the Owner(s): known to me (or satisfactorily proven) to be the same person(s) whose name(s) is(are) subscribed to the within instrument and acknowledged that, being authorized to do so he/she/they executed the same for the pnrposes therein contained. IN WITNESS WHEREOF, 1 hereunto set my hand and official seal, My commission expires: NOTARIAL SEAL William B. StulL Notary Public Ma~heim Twp., Lancaster County My commission expires November 18, 2007 rl~ C~