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HomeMy WebLinkAbout94-05663 "'4- 5""?> l}l L D ;:.r ~'V).- f.- (9\t-- mWIN, HcKIHGUT & HUGHES 60 WEST POKI'RET STRJ!lff,-oor.-rnn, -11>/0 - t'c1, PA 17013 THIS AGREEMENT made and coucluded thit 1'" ._ day of _, .october 19...!L. between CHAIlLI!S A. BURGHFLI!IJ:l_a!!<!.I.I!:lLII!~, BUIlGHFII!LD_, hIs vife 01 R. D. 'I, Boll 274..L...~her.-n'!..D'!!."'L!,enn~lvani.!.....!]()?0__. party of the fint par! (hereinafter called Owner). = ., -. AND I 6 R LKlDfAN CONTRACTING '--.J of 2107 Walnut Bott~ Road, Carlisle, Pennsylvania 17013 v...l '"' ) .... party of the .econd pari (hereinaft"r called Contractor). ~ WHEREAS, the .aid partie. have by a duly executed agrl'cment under ,,'al, dated .!wl!l!L~ 19 94 . entered into a writlen contract for the erection, con.truction and completion of a dwelling hO!JBe In be erecled on _~he. Lot of the OWNI!R 10cate!!.in West Pennsboro Tovnship; containing ~ 3.200 acres and designated as Lot No. 37 on Plan of Cross Road School Road !!at.tes, as recorded in C....berland Countv need Book "T", Vollllle 36, Page 225. NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in con.ideration of the contract aforesaid and dIe con.ideration mentioned thereunder, a! well a! dIe further con.ideration of One ($1.00) Dollar to him in hand paid by the Owner at or before the .ealing and delivery of the.e presenu, the receipt whereof it hereby acknowledged, docs hereby covenant, promise and agree that no mechanics' hen or claim or other lien or claim of any kind "hauoever shall be liIed or maintained again.tthe said building or buildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any sub.contractofJ matcriahllcn or laborers for work done or materials furnished under said contract or by any other party aCling 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 alt sub.contractors, material... men, and laboren on ..id work shall look to and hold Contractor personall)' liable for all sub.canlmeu, materiaa 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, COlUtruction and completion of said buildings ;u aforesaid, or under any contract for extra work, or work supple... mental thereto, or otherwise. AND this Agreement waiving the right of lien shall be an independent covenant and shall operate and be eIfcctive as welt with respect to ''Jork done and materials furnished undt~r any supplemental contract for extra work in the erection, construction and completion of the said building or lmildings 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 Iou of ground against any and all claims filed by the Contractor or anyone aCling under or through him or it in violation of the foregoing covenant, the said Contractor for himself, themselves, itself, hereby irrevocably authorizes and empowers any Attorney of any Court or Common Picas 01 the Commonwealth of Pennsylvania, to appear for him, tht."m, it, or any of them, in any of the said Courts of Common Pleas as AUorHey for him, them or it and in his, their, ita, name, mark satisfied of record at the cost and expense of the Contractor or of any Sub.-Contractor or Afaterialman, or !\.-Iaterialmcn, any and all claims or claim, lien or liens, filt.d by or for the Contractor, or any Sub~Contractor or ~Iaterialman, or in hi! or thl~ir name against said buik'ing or building'5, lot or lots of ground or any part thereof and for such act or act.1 this shaH be good and sufficient \Varr~U1t and mtthority, and a reference to the Court, Tenll and Number in which and where dlis Agreelllenl .hall have ~l'en filed shall be a sufficient exhibit of Ihe Authority herein contained to warrant such action, and tJ1C Contractor Cor himsc!f, themselves, it.1clf, do hereby remise, release and quit~c1aim all rights and all manner oC erron, defects and imperCections ''r'hat.socver in entering luch satisfaction or in anywise touching or concerning the same. IN WITNESS WHEREOF tile said parties have hereunlo set their hands and seal. dated the day and year first above written. WITNESSES PRESENT: (SEAL) _, (SEAL) /?u ?J~ OWNU (SEAL) It & R LKlDfAN CONT BY: jjtIIJ~/ KEITH L.~ COHTlACTOI (SEAL) - "f ~ bo II) ..3 .,. - ~~ ~~ /