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Home My WebLink About94-05459 C5. ~a, ~ c I.'.'.) ,f / ~ 'j IJ ij q ) it I) .lei 'z'~ STI PU I, A 1"1 0 N. ^ GAII'lliI. LJt:r-1S THIS AGREEMENT made ,U1d concluded this 2Jrd day of September, 1994, between JACK K, HENCH and LOIS A. HENCH, husband and wife, of 1914 Sterrell,' Oap Road, Carlisle, Cumberland County, Pennsylvania, parties of the first part, hereinafter called Owner, AND THE McNAUGHTON COMPANY, of 1800 Linglestown Road, Uarrisburg, Pennsylvania, party of lhe second part, hereinafter called Contractor. WHEREAS the said parties have a duly executed Agreement under seal, bearing even dale herewith, entered into a wriuen contract for lhe erection, construction, and completion of a sin~le family dwelling house to be erected on Lot No. .5, Westbury Phase I, Section I, in Hampden Township, with mailing a,ldress of 54.50 Westbury Drive, Mechanicsburg, Pennsylvania 1705.5. NOW nus AGREEMENT WITNESSETH: That the Contractor for and in consideration of the contract aforesaid and the consideration mentioned thereunder, as well 0., the further consideration of One ($1.00) Dollar to him in hand paid by the Owner at or before the scaling and delivery of these presenl.~. the receipt whereof is herehy acknowledged, docs hereby, covenant, promise, and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be liled or maintaincd against the said building or buildings or the curtilage or curtilages appurtenant therelo, by Contractor or by any sub-contractor, materialman, or laborers for work done, or materials furnishcd 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 creditthereof,k and that all sub-contractors, male rial men and laborers on said work shall look to and hold Contraltor personally liable for all sub-contracL~, materials 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 contract for extra work or for work supplel11entalthereto or olherwise. AND this Agreemcnt 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 fumished under any sUl?plemental contract for extra work in the eredion, construction, and completion of the said bUlldin~ or buildings as any work and labor done and materials furnished under the contract aforesaid. AN D in order to give the Owner full power and authority to protect himsclf and the lot or lots of ground against any and all claims liIed by the Contractor or anyone action under or through him or it in violation of Ihe foregoing covenant, the said Contractor for himself, themselves, itself, hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Conunonwealth of Pennsylvania, to appear for him, them, it or any of the said Courts of COllUnon Pleas as Attorney for him, them, or it and in him, their, its, name, mark satislied of record at the cost and expense of the Contractor or of any Sub-Contractor or Materialman, or Materialmen, any and all claims or claim, lien or liens, filed by or for the Contractor, or any Sub- Contractor or Materialman. or in his or their name against said building or buildings, lot or lots of ground or any part thereof and fur such act, or acts this shall be good and sufficient warrant and authOrIty, and a reference to the Court, Tenn and Number in which and where this Agrcement sh~1 have been li/ed shall he a sufficient exhibit of the Authority herein contained to warranl such actlO.n, and the Contractor for himself, themselves, itself, do hereby remise, release and quit-claim all. rlght.s and. all ma~ner of ~rrors, defect~ and imperfections what~oever in entering such sallsfaclJon or III anywise touchlllg or concermng the same. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals dated the day and year first ubove written. THE McNAUGHTON COMPANY A TIEST: D'~\L ~J...... , '- i. ,-'------ BY: I ' :) \ ,/ A I "~l(l~ \ " I '- (SEAL) . ( . / " lack'k.'Hench '~/. / -::-)'l ~ L. L" )L.LI")) cL Lois A. Hench , ,// , ( (SEAL) (SEAL)