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HomeMy WebLinkAbout02-2582 Waiver of Liens THIS AGR~ ~de md ~nclud~ t~s 21~ day of ~y A. D. 2~2 ~ D. D. & K., Inc. of M~csh~g P~ ~ of~e ~ ~ ~6~ ~1~ ~), ~d Brim Build~ 475 Ph~ ~ve, C~b~g PA 17201, p~ of the s~ond p~ ~ei~ ~1~ Con~or). WHEREAS, the said parties have by a duly executed Agreement under seal, bearing, even date herewith, entered into a written contract for the erection and completion of a residential dwelling unit (duplex or triplex) to be erected on Lots 37 and 38 in the Bent Creek Crossing development, in which Agreement the Contractor covenanted, promised, and agreed that no mechanics' claims or liens should be entered and filed against the said building or buildings or any part thereof, or the curtilage or curtilages appurtenant thereto. NOW TI-HS AGRRRMENT WITNESSETH: That Conh-~'e~or for and in consid~,tion of the awarding to him by Owner of said contract as aforesaid, as well as the further consideration of One ($1.00) Dollar to him paid at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby covenant, promise and agree that no delivery mechanics' lien or claim of any kind whatsoever shall be filed against the said building or buildings or the curflage or curtilages appurtenant thereto, by Contractor or by any sub-contractor, materialmen or laborers for work done or materials furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatever against Owner for any work done or labor or materials furnished under said contract for and about the erection, construction, and completion of said buildings as aforesaid, or under any contracts for extra work, or for work supplemental there to or otherwise, provided that Contractor may make claims against Owner but not through the Mechanics' Lien process. AND in order to give the Owner full power and authority to i~fotect 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 in violation of the foregoing covenant, the said Contractor for himself, themselves, itself; hereby irrevocable 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, mark satisfied of record at the cost and expense of the Coffttactor or any Sub-contractor or Materialman or Materialmen, any and all claims or claim, lien, or liens, filed by or for the Contractor or and Sub-contractor or Materialman or in his or theft name against said building or buildings, or lots of ground or any part thereof and for such act or acts that shall be good and sufficient warrant and authority and a reference to the Court, Term, and 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, release, and quit-claim all rights and all manner of errors, defects, and imperfections whatsoever in entering such satisfaction or in anywise touching or concerning the same. IN WITNESS WHEREOF the said parties have hereunto set their hands and seals dated thecfl~ay ~ ye_ar first above written, c r~ ,o Witness Present: