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WAIVER OF LIENS
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THIS AGREEMENT made this I day of October, 2005 between
Charles W, Shughart and Yvette M, Kostelac ("Owners") aljd Macn'lmara Concrete
("Contractor").
THE BACKGROUND of this Agreement is as follows:
A, By a duly executed written agreement bearing even date herewith (the
"Contract"), Owner and Contractor have contracted for the erection, construction and completion
of: a residence at 10 Ridge Road, Carlisle, Cumberland County, Pennsylvania.
B. By the terms of the Contract, Contractor has covenanted, promised and agreed
that no mechanics or materials men's lien or claims would be filed or j11aintained in tpe Property
or any part thereof, or the cartilage or cartilages appurtenant thereto, either by himself or anyone
else for or on account of any work, labor or materials supplied in the performance of the
Contract, or under any supplemental completion or for extra work, in the erection, construction,
or completion of the Improvements on the Property or any of the cartil'lges appurtenant thereto.
NOW THIS AGREEMENT WITNESSETH;
I. The Contractor, for himself and anyone else acting or claiming through or under
him, for and in consideration of the Contract and the considerations mentioned therein, and
intending to be legally bound hereby, does hereby waive and relinquish all right 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 cartilage or cartilages appurtenant thereto, by or in the name of Contractor or any
subcontractor, materials men 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, material men, 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 clam of any kind whatever against Owner for any work done or
labor or materials furnished 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
thereof, or otherwise,
II. 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.
/
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 "Contractor" shall mean all or some of 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,
WITNESS PRESENT:
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Charles W, Shughart
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