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HomeMy WebLinkAbout94-01768 91-/7~ t' /..; hertJ A ~ Oc.\Q-\-e.s ;~ . ! ~ .. , i ! .." ...4fA. . .I . fYlLD C/Vi I ~ /lrm ... No. 9L/- 1716~ WAIVER OF LIENS This AGREEMENT made this 31st 4aI ot March, 1994, between Liberty Associates ot 60 s. pin Oak Drive, Bo linq Sprinqs, PA 17007, (record owner), Lane Investment company (equitable owner) and Oakwood Homes, Inc (hereinatter called "contractor"). e/ll.OO 1.11. ~_ ru ;g ~.bur1tJ C~ ~55 ~(~ 11./ 1'1 ~"l8 The BACKGROUND ot this AGREEMENT is as tollowa~~' ~li~. ~ A. By a written aqreement or aqreements which have ~.en or are about to be executed (the "Contract") Owner and contract,ot ~have- contracted tor the erection, construotion and completio~~~:. ~ bedroom modular bilevel home (the "Improvements") to be .rfP.!:e4~:jm real estate described in Exhibit "A" attaohed (the "prop'elo\:'y") PAlown as lot 117 ot the Liberty Woods sUbdivision). :C?( c..a .c. B. By the terms ot the contract, Contractor have covenanted, promised and aqreed that no meohanic' or materialmen's lien or claims would be tiled or maintained in the property or anI part thereot, or the ourtilaqe or ourtilages appurtenant thereto, ether bI himselt or anyone else tor or on account ot any work, labor or mater als supplied in the pertormance ot the contract, or under any supplemental contraot or for extra work, in the erection, construction or completion of the Improvements on the property or any of the curtilaqes appurtenant thereto. NOW THIS AGREEMENT WITNESSETHt 1. The contractor, for himself and anyone else actinq or claiminq through or under him, for and in consideration of the Contract and the considerations mentioned therein, and intending to be legally boun4 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 curtilage or curtilages appurtenant thereto, by or in the name of Contractor or anI subcontractor, materialmen or laborers for work done or mater als furnished under the Contract or by any other party actinq 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, materialmen, and laborers on the work shall look to and ho14 Contractor personally liable for all subcontracts, 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 the Contract for and about the erection, construction and completion of the Improvements, or under any contract for extra work, or for work supplemental thereto, or otherwise. 2. This Aqreement 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 Improvements as to any work or labor done and materials furnished under the Contract. .'. ,7 . .. 3. In the event contractor consists of more than ons person, firm or corporation, ths undertakinqs hereunder of each such persons, firms or corporations shall be joint and several, and the word "Contractor" shall mean all or some or anI of them. For purposes of this Aqreement, the sinqular shal be deemed to include the ~lural, and the neuter shall be deemed to include the masouline and feminine, as the context may require. IN WITNESS WHEREOF, the said and seals dated the day and year parties have hereunto set first ~v~ W~i~~ Byz //)?~_ er y A lJ' C es their hands Byz Byz