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HomeMy WebLinkAbout05-1623 '. 05- !to;;..:! m..() ~ Law Offices IRWIN & McKNIGHT 60 West PomjreJ Street, Carlisle, Pennsylvania 17IJ13pJ222 WAIVER OF LIENS THIS AGREEMENT, made and concluded this t,,- r day of March, 2005 between ANNETTE O. COMP, single person and KENNETH L. CRAMER, single person of Cumberland Co nty, Pennsylvania, parties of the first part (hereinafter called Owner), ANO CREEK VIEW HOMES, INC., party of the second part (hereinafter called Contractor). WHEREAS, the said parties have by a duly executed agreement under seal, dated February II, 2005 , entered i 0 a written contract for construction of a modular home located at 295 Oak Flat Road, Newville, known as Lot 4 Heckendorn lan, West Pennsboro Township, Cumberland County, Pennsylvania, more particularly described in Cumbetland County Deed ook 264, Page 3147. NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in consideration of the contract resaid and the consideration mentioned thereunder, as well as the further consideration of One ($1.00) Dollar to him in hand pai by the Owner at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby c venant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or m ntained against the said building or buildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any sub-co tractor, materialmen or laborers for work done or materials furnished under said contract or by any other party acting through r under them or any of them for and about said building or buildings or any part thereof) or on credit thereof, and that an sub-co actors, materialmen, and laborers on said work shaH look to and hold Contractor personally liable for all sub-contracts, aterials furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatever against er for any work done or labor or materials furnished under said contract for and about the erection, construction and completi of said buildings as aforesaid, Of 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 e ective as well with respect to work done and materials furnished under any supplemental contract for extra work in th erection, construction and completion of said building or buildings as to any work and labor done and materials furnished nder the contract aforesaid. AND, in order to give the Owner full power and authority to protect himself and the lot or lots of ground and all claims filed by the Contractor or anyone acting under or through him or it in violation of the foregoing coven Contractor for himself, themselves, itself, hereby irrevocably authorizes and empowers any Attorney of any Court Pleas of the Commonwealth of Pennsylvaniaj to appear for him, them, it, or any of them, in any of the said Courts Pleas as Attorney for him, them or it and in his, their, its, name, mark satisfied of record at the cost and expense of th or of any Sub~Contractor or Materialman, or Material men, any and all claims or claim, lien or liens, filed b Contractor, or any Sub-Contractor or Material man, or in his Of their name against said building or buildings, I ground or any part thereof and for such act or acts this shall be good and sufficient warrant and authority, and a refi gainst any t, the said Common f Common Contractor or for the or lots of ence to the Court, Tenn and Number in which and where this Agreement shall have been filed shall be a sufficient exhibit of the Au ority herein contained to warrant such action, and the Contractor for himself, themselves, itself, do hereby remise, release an 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 bove written. WITNESSES PRESENT: ~/'jdL ( -- (S ALl l~rV e' (S ALl KENNETH L. CRAMER Owner (?(J ('" s.~. (S ALl BY: Contractor 2 ~ ~ ~ - v\ \;- , ~ ~ " f' ~ \ ~ lJ (J ~, cS 1 \" f " ~ f~'2 ~,;.: ...., r-:::-~ C::::l u' o wn :.? ---" In;.:;:;;: -:'"'!n{ ~_::J c;. <~(~~ ;-' =ri t~ } 7'5 - :.c~rn ,.,- (-~{ ~~ C) ~::.~ 0) -....' ~",.. :-;J ", '0