HomeMy WebLinkAbout94-01062
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Waiver of Right to File Mechanics' Uen Clalm . Prior to Execution of Prime Contract
WAIVER OF LIENS
This Instrument Is executed this 25th day of February. 1994, by David M. McMillen
Custom Contracting, Inc, ('Contractor') In favor of Robert J, Dietz and Ellen M. Dietz
('Owners').
WITNESSETH:
1.
of 1963,
Contractor is a contractor within the meaning of the Mechanics Uen Law
2, Owners and Contractor Intend to enter Into a certaln Agreement ('Contract')
In connection with renovations to the Dietz residence on a parcel of ground known as
740 Brentwater Road, Camp Hili, Pennsylvania ("Property"),
3. Contractor has, by this Instrument and the promises contalned herein,
covenanted, promised and agreed that no mechanics' or materialmen's liens shall be
filed or malntalned agalnst the estate or title of owner In the property or any part thereof,
or the appurtenances thereto, either by Itself or anyone else acting or clalmlng through
or under It for or on account of any work, labor or materials supplied In the performance
of the work under the Contract or under any supplemental contract or for extra work.
NOW, THEREFORE, in consideration ofthe Contract and the covenants of Owners
therein contalned, and the sum of one dollar pald In hand to Contractor, the receipt and
sufficiency of which are hereby acknowledged, and intending to be legally bound
hereby:
1, Contractor, for itself and anyone else acting or clalmlng through or under
It, does hereby walve and relinquish all right to file a mechanic's or materialmen's lien,
or notice of Intention to file any lien, and does hereby covenant, promise and agree that
no mechanics' lien or other lien of any kind whatsoever shall be filed or malntalned
agalnst the estate or title of owner in the Property or the appurtenances thereto, by or
in the name of Contractor, or any subcontractor, materialman or laborer acting or
clalmlng through or under for work done or materials furnished In connection with the
Contract or by any other party acting through or under them or any of them for and
about the Property or any part of it.
2, This Agreement waiving the right of lien shall be an Independent covenant
by Contractor and shall operate and be effective as well with respect to work done and
materials furnished under any supplemental contract for extra work In connectlQO with
the above-described project on the Property to the same extent as any work anl:f.labor
done and materials furnished under the Contract.
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3. In order to give Owners full power and authority to protect themselves, the
Property, the estate or tllle of Owners therein, and the appurtenances thereto, against
any and all liens filed by Contractor or anyone acting under or through It In violation of
the foregoing covenant, Contractor hereby Irrevocably authorizes and empowers any
attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to (I)
appear as attorney for It, them or any of them, In any such Court, and In Its or their
name or names, to the extent permitted by law, mark satisfied of record at the cost and
expense of Contractor or of any subcontractor or materialman, any and all lien or liens,
flied In violation of the foregoing covenant, or (II) cause to be filed and served in
connection with such lien or liens any pleading or instrument, or any amendment to any
pleading or instrument previously filed by It or them, and to incorporate therein, as part
of the record, the waiver contained In this Instrument; and for such act or acts this
Instrument shall be good and sufficient warrant and authority. A reference to the court,
term and number In which and where this Agreement shall have been filed shall be
conclusive evidence of the authority herein to warrant such action, and Contractor, for
Itself and for them, hereby remises, releases and quit-claims 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, In the event
anyone acting through or under Contractor shall so file a lien In violation of the foregoing
covenant, Owners may not exercise Its rights under this Paragraph 3 unless such lien
has not been stricken or discharged (by payment, posting of a bond or other means) for
a period of ten days after notice of such lien shall have been received by Contractor.
IN WITNESS WHEREOF, Contractor has executed this instrument as of the day
and year first above written,
David M, McMillen Custom Contracting, Inc.
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