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HomeMy WebLinkAbout95-03875 5-3~ 15 ~\d \).... 5o.ndrck L. ~~\\\ nd ~ f. ~\\\\QJ1\~ nndJOt" A.~. W\\\\~."Int.. ~ '-' 9&- .6J' 'IS mIl) ~f(."1 WAIVER OF LIENS THIS AGREEMENT made this);> ~l day of 1" I. 1995, between David D. and Sandra L. Hukill, c,rlisll, Cumberland county (owners) and Paul F. Williams and or A.P. Williams, Inc. , county, (hereinafter "contractor"). THE BACKGROUND of this agreement is as follows: A. By written agreement or agreements which have been or are about to be executer ("Contract"), Owners and Contractor have contracted for the erection construction and completion of a 2-1/2 story residential addition, ("Improvements") on real estate described on Exhibit "A" attached, (the "Property"). B. By the terms of the Contract, Contractor has covenanted, promised and agreed that no mechanics or materialmen's lien or claims would be filed or maintained in the Property or any part thereof, or the curtilage or curtilages appurtenant thereto, either by himself or anyone else for or on account of any work, labor or materials supplied in the performance of the Contract, or under any supplemental contract or for extra work, in the erection, construction or completion of the Improvements on the Property or any of the curtilages appurtenant thereto. NOW THIS AGREEMENT WITNESSETH: 1. The contractor, for himself and anyone else acting or claiming through or under him, for and in consideration of the Contract and the considerations mentioned therein, and intending to be legally bound thereby, 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 the title of Owner in the property or the curtilage or curtilages appurtenant thereto, by or in the name of the Contractor or any subcontractor, materialmen or laborers for work done or materials furnished under the Contract or by any other party acting through or under them or any of them for any 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 hold Contractor personally liable for all subcontracts, materials furnished and work and labor done, so that there 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 agreement 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 the Improvements as to any work or labor done and materials furnished under the Contract. 3. In the event that the Contractor consists of more than one person, firm or corporation, the undertakings hereunder of each of such persons, firms or corporations shall be joint and several and the word, "Contractor" shall mean all or some or any of them. For the purposes of the Agreement, the singular shall be deemed to include the plural and the neuter shall be deemed to include the masculine and feminine, as the context may require. IN WITNESS WHEREOP, the said parties have hereunto set their hands and seals dated the day and year first above written A :^). v,J",.flr c,~~ r!..r (J. I ',/l.,,_'.,..:r.c, By _ .~ ' , LoI (SEAL) By (SEAL) I \ . . ~~,t,,/~.M~/ (SEAL) By Notary Sworn to and subscribed before me ,~paul .'. ~illiams JuJ.jr' 20, 1995. ~ L:,-,,(I.:L {;, jr.(};'1Jtu ~("...I-rc..,,>- , . ~_\....,.....,J ~Sool !l.'lIllara Y./ioemof. NoIwy FWie StlAh Md:lIoton Tv.f>.. CUnbIlIland CclooIy ~Ccrmlis:JcrlEtp1loM1ld118.1lY.l6 - NlIlnlIi NOlarial Seal Unda A, DeAngelo. NOlary Public Harrisburg. Deuphln County My Commission expires Sepl. 11, 1998 .' ALL that certain tract of land eitustad in ttiddlesex Township, Cumbarlsnd County, Pennsylvsnia, described accor~ing to survey made Harch 7, 1969 by R.W. Freeman & Aasociatea ss follownl BEGINNING at a point in the public road leading from Hiddlesex to Trindle Road which beginning point ia located South44 degrees 30 minute a East to a disranca of 198.78 feet from property of Francis I Neiderer; thance from said ~eginning point by other land of Eiizabeth S. Roberts North 69 degrees 09 minutes East a distence of 387.39 feet to a point; thence by same South 16 degrees 46 minutes 30 seconds East 160.01 feet; thence by same South 70 degrees 35 minutes West 309.61 feet to a point in the center line of the said public road ; thsnce by the center line of said public road North 44 degrees 30 minutes West 165.79 feet to the place of Beginning. BEING a part of the aama premises which Evelyn S. Roberts granted and conveyed to Elizabeth S. Roberts by daed dated December 29, t967 and recorded in Cumberland County Deed Book 22 "p" 956 and by deed dated January 31, 1968 in Cumberland County Deed Book 22 "Q" 641 ((XIIIIIIT ^ F-() i>Q ~ ...... 7'\ 0 '" ~ it c - 0 25 ", 7.J \..J '-, -./ ~ ~ 5C ~~ r- c.O ..,., f l' ~ r _. r: ....