HomeMy WebLinkAbout02-157303/21/2002 THU 14:12 FAX .. ~004/010
WAIVER OF LIENS
[COMMONMrEALTH OF PENNSYLVANIA]
cerlain construction agreement described on Exhibit "A" hereto (the "Contract") with the
undersigned Contractor, ~)F~..v~c,0,~ '~. 9~J~.~,,~l,~ (the i'Contractor"), lo provide
materials and perform labor nec~sa~y for the constructi~on of certain improvements as described
on Exhibit "A' hereto on the property identified on Exhibit "A" hereto and which is further
described on Exhibit "B" hereto (the "Property"); and
WHEREAS, as a condition of the Contract, Contractor has agreed to execute a waiver of
mechanics' liens.
NOW, THEREFORE, Contractor, in consideration of thc foregoing and for other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and
intending to be legally bound hereby, agrees with Owner and all subsequent owners of the
Property, as follows:
Contractor, for itself and any laborers, workers, subcontractor(s) and anyone else acting
through or under it, represents, warrants, covenants and agrees that no mechanics',
materialmens' or other liens, encumbrances or claims shall be or have been filed or maintained
by it, them or any of them, against the improvements which are the subject of this waiver or the
Property, for or on account of any work to be done or materials furnished under the Contract
and/or by or through Contractor. Contractor, for itself and any laborers, workers,
subcontractor(s) and anyone else acting or claiming through or under it, hereby irrevocably and
forever waives and relinquishes any and all rights to file a mechanics', materialmens' or other
lien, encumbrance or claim or notice of intention to file any of the foregoing. This waiver is and
shall be construed as a separate and independent covenant and shall be operative and effective
with respect to any and ail work or labor done and materials subsequently furnished under any
supplemental contract or contracts for extra, different or subsequent work and/or materials,
although the covenant might not be referred to therein, as well as to work and labor to be done or
materials to be furnished under the Contract.
In order to give Owner full power and authority to protect itself and the Property and the
work against any and all liens or claims filed by Contractor or any laborers, workers,
subeoutractor(s) and anyone else acting under or through it or them in violation of this waiver,
Contractor, for itself and for any and all laborers, workers, subcontractor(s) and anyone else
acting under or through it, as well as their respective heirs, personal representatives, successors
and assigns, hereby irrevocably authorizes and empowers any at'comey of any court of competent
jurisdiction of the Commonwealth of Pennsylvania, or elsewhere, to appear as attorney for it,
them or any of them, in any such Court and, in its name or their nmnes mark satisfied of record,
at the sole cost and expense of Contractor and of any others filing such lien or claim through
LN1 20629vl 04/21/00
MAR 21 2002 16: 1~ PAGE.04
03/21/2002 TEU 14:12 FAX ~005/010
Contractor, any and all claim or claims, lien or liens filed in violation of this waiver or caused to
be filed in cormeefion with such el,ira or claims, lien or liens (in the name of Contractor or any
laborer, worker, subcontractor or anyone else acting under or through it), any pleading or
instrument, or any amendment lo a~y pleading or instrument previously filed by it or them, to
incorporate therein as part of the record this waiver and for such act or acts this waiver shall be
good and sufficient warrant and authority, and Con~ractor for itself, and for them, does hereby
forever remise, release and quit-claim all rights and all manner of errors, defects and
imperfections whatsoever in entering such satisfaction or in filing such pleading, instrument or
amendment or in any way concerning them.
Owner shall have the absolute right in its name or in the name of Contractor, or any
subcontractor, or any other person who shall have filed a claim or lien, to cause any and all such
claims or liens to be discharged by any other instrument, pleadiag or proceeding permitted by
equity. Contractor, any subcontractor and any other person who shall have filed any such claim
or lien shall indemnify, defend and hold Owner free and harmless against the claim or lien, and
against all direct, indirect and consequential dmnages, claims, costs, expenses and other losses
resulting in any way from the filing of any claim or lien, and shall pay or cause to be paid to
Owner the amount of its loss, with interest and all expenses incident to their having discharged
or attempting to have discharged the claim or lien, including attorneys' fees, costs and other
disbursements.
Contractor hereby represents and warrants that no work of any kind or nature has yet
been done on the Prope~y, under the Contract or otherwise, and no materials whatsoever have as
yet been furnished to the Property by anyone under, toward or in connection with the execution
or performance of the Contract and that no such work shall be done and no such materials shall
be furnished until receipt of notice from Owner authorizing the same.
Contractor, intending to be legally bound hereby, has executed this Waiver of Liens this
dayof .
Name(s):-
Address:
Attest:
[Corporate Seal]
CONTRACTOR:
By:
Title:
LNI 20629v! 04/21/00
MAR 21 2002 lB: 14 PAGE.95
schedule C
La.nd
Description
Number
.~T~[[ that certain lot of ground situated in the Village of
Centerville, Penn Township, Ctu~zberland County, Pennsylvania,
bounded mud described as £ollowc:
B'[~INNING at a point ~-u the center of the Walnut Bottom Rend,
which point is at the .~ute~'sectlon of same with
Lots ~ en~d 6 on the herein~zfter ~aentioned Pla.u, the line dividing
Lot No. 6 having
boe~ Proviou31y conveyed to C~lvin B~rrick~ et ux; the~zce by said
center line north 64 degrees e~st 100 feet, more or less, to the
land now or formerly of Ro~e~t L. Eckert, now or fo~'merly of Latsha,.
~ow of Stith betag Lot ~o. 4 on tho here~ter mentioned Plan;
hence by said la~cr l~d in a southwardly direction 220 feet,
mo.~e or less, to '~ point on the northern line of Ve~na Street;
thence by the northern line of Verna Stree~ south 74 degrees 30'
minutes west 100 feet ~o ~ point at the llne of Lot ~o. 6, being
the la~ud of Calvi~ Bar?ick; thence by said latter laud in a north-
wardly direction 20~ feet, more or less, ~o a point in the center
'line of the W~lnut Botto~ Road~ the place of
This deed is' intended s.ud doe~ hereby convey Lot No. ~ on a certain
Plan of Lots ~uown as J. R. Beecher Plmu of Lots in Con,orville,
aa the sanze is recorded in the Office of the Recorder of .Deeds
a.nd for Cu,:bet!and CoLuuty in Plan Book 6, page 17.
BEINC ~he same premises which Evelyn B. LeDane, individual, by her deed
da~ed March 28, 2002, and recorded in the O£fice o[ ~he Recorder of Deeds
in and flor Cumberland County, Pennsylvania, in Deed Book ~, Page ,
granted and conveyed to Thomas B. Beecher, mortgagor herein.
PA 353834