HomeMy WebLinkAbout02-3873Waiver of Liens
THIS AGREEMENT made and concluded this 24th day of July A. D. 2002 between D. D. & K., Inc. of
Mechanicsburg, PA, party of the first part (hereinafter called Owner), and Brim Builders, 475 Phoenix
Drive, Chambersburg, PA 17201, party of the second part (hereinafter called Contractor).
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 27, 28 and 29 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 THIS AGRF. F. MENT WITNESSETH: That Contractor for and in consideration 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 curtilage or curtilages
appurtenant thereto, by Contractor or by any mb-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 protect 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 Contractor 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 their name against said building or
buildings, or lots of ground or any part therenf 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.
1N WITNESS WHEREOF the said parties have hereunto set their hands and seals dated the day and year
first above written.
Witness~L't Zc~ ~-~/~ Present: