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HomeMy WebLinkAbout06-4231 ......,. .....~ <it 6G - L/ 2..:31 fl1 t.-.l) Law Offices IRWIN & McKNIGHT 60 We" pOIIJfret Slnet, Carlisle, Pe.myIwurIa 17011-1222 WAIVER OF LIENS TffiS AGREEMENT,madeandconcluded this ll~ dsyof July, 2006 between ANDREY ZUDILIN AND ALLA ZUDILIN, HIS WIFE, of 1356 Kiner Blvd, Carlisle, Cumberland County, Pennsylvania, psrties of the first part (hereinafter called Owner), AND WAYNE S. LESHER, IV CO" of 420 West Main Street, New Bloomfield, PA 17068, party of the second part (hereinafter called Contractor). WHEREAS, the said psrties have by s duly executed agreement under seal, dated May 16, 2006 , entered into a written contract for constIUetion of a single family dwelling located at 23 Old Stone House Road, Carlisle, Monroe Township, Cwnberland County, Pennsylvania, more psrticularly described in Cumberland County Deed Book , Page NOW TffiS AGREEMENT WITNESSETH: That the Contractor for and in consideration of the contract aforesaid and the consideration mentioned thereunder, as well as the further coosideration of One ($1.00) Dollar to him in hand paid by the Owner at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, 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 agaiost the said building or buildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any sub-contractor, msterialmen or laborers for work done or materials furnished under said contract or by any other party acting through or under them or any of them for and about said building or buildings or any part thereof, or on credit thereof, and that all sub-contractors, materialmen, and laborers on said work shall look to and hold Contractor personally liable for all sub-contracts, materials furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatever sgainst Owner for any work done or labor or materials furnished under said contract for and about the erection, constIUetion and completion of said buildings as aforesaid, or 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 effective as well with respect 10 work done and materials furnished under any supplemental contract for extra work in the erection, constIUetion and completion of said building or buildings 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 himself and the lot or lots of ground against any and all claims filed by the Contractor or anyone acting under or through him or il in violation of the foregoing covenant, the said Contractor for himself, themselves, itself, hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear for him, them, it, or any of them, in any of the said Courts of Common Pleas as Attorney for him, them or it and in his, their, its, name, marl< satisfied of record at the cost and expense of the Contractor or of any Sub-Contractor or Materialman, or Material men, any and all claims or claim, lien or liens, filed by or for the Contractor, or any Sub-.Contractor or Material man, or in his or their name against said building or buildings, lot or lots of ..~.-. ground or any part thereof llIId for such act or sets this shall be good llIId sufficient warranlllIld authority, and a reference to the Court, Term llIId Number in which and where this Agreement shall have been filed shall be a sufficient exhibit of the Authority herein contained to warrant such action, and the Contractor for himself, themselves, itself, do hereby remise, relesse and quit- claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in llIIY- wise touching or concerning the same. IN WITNESS WHEREOF, the said parties have hereunlo set their hands and seals dated the day and year first above written. WITNESSES PRESENT: A",Jr <y 4..J..I.'VI (SEAL) ANDREY ZUDILIN Owner rj,aL- fllfrL 0/ d{.Qm.. . (SEAL) ALLA ZUDILIN Owner WAYNE S. LESHER, IV CO. ~,~. biA ,1'0--, _ WAYNE S. LESHER, iV Contractor s/l ,SEJtl.} .... 2 ~~~ }~ (./\, 1..),\ I \ i \ I I I \ \ I .ll "- U\) ~ \:1 ~, ~ ..!~ ~ .-..- ......... n ';::; '.J ;--'- " _~ . 11 \-,'" c. ~ i~1~': ':':',', ~ 1":::- (J', \') C'I ."""