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Home My WebLink About95-04872 r . almer, t". + Kirr)be~) y R. J me r +. .. ~ onS .... . . rn J- U klln-, 9!; - I-/P7J... LIIW Off/CIS IRWIN, McKNIGHT & HUGHES 611 War""".,.., sm.., CIIrliIk,/.......yl.....170/J.Jl11 THIS AGREEMENT, made and concluded this ~ day of s.:pt''lOber, 1995, belween GARY L PALMER, JR AND KIMBERLY A. PALMER, his wife, of 29OO-t5 Mcadow Vicw Drive, Dover,Pcnnsylvania 17315, parly of the first pari (hcrcinafic:r called O\\ner), AND ROGER FLICKINGER'" SONS 01'2650 Biglcrville Road, Geltysburg, P''IUIS)'lvania 17325, parly of the second pari (hcreinaf\er called Contraclor). WHEREAS, the said parties have by a duly executed agreemenl under seal, dated Augusl 28, 1995, entered into a written contracl for the construction and completion of a foundation Lot 1 and 2A, Plan Book 63, Page 23, Dickinson TO\mship, Cwnberland County Deed Book 125 ,Page 11137. NOW THIS AGREEMENT WITNESSETH: ThaI the Contractor for and in consideration of the contracl aforesaid and the consideration mentioned thereunder, as well as the further consideration of One ($I,(]()) Dollar 10 him in band paid by the O\\ner at or before the selling and delivery of these presents, the receipl whereof is hereby acknowledged, does hereby coVCll8llI, promise and agree thaI no mechanics' lien or claim or otber lien 0' claim of any kind wllatsoevc:r shall be HIed or maintained against the said building or buildings or the curtilage or curtilages appurtenant thereto, by Conlractor or by any sub- contractor, material men or laborers for wod 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 buililing or buildings 0' any pari thereof, or on credil thereof, and that all sub-contractors, material men, and laborers on said work shall look 10 and hold Contraclor personally liable for all sub- contracts, materials furnished and wod and labor done, so that then: shall nol be any legal or lawful claim of any kind wllatcver 19ainsl O\\ner for any wurk done or labor or material. furnished under said contract for and about the erection, construction and completion of Slid buililing. Ii aforesaid, or under any contracl for extra wod, or work supplemental thereto, or otberwiJe. AND this Agreement wai,ins the righl of lien shall be an iruJep..,.denl covenanl and shall opcruh: and be effecti,'C as well with respect 10 wurk done and materials furnished under any supplemental COl\lracl for extra w'Ol'k in the erection, constnIction and completion of Slid buildin, or buildings as 10 any work and labor dupe and malerials fumislk:d under the contracl aforesaid. AND, in order to JIve the Owner lull power and lutlwrit)' 10 protecl hurulelf and the 101 or lots of gruun.J against any and all claims HIed by the Conlnll:tor or llIIyone ""1m, under or through h.m or .t an "olatioo of the Ibn:going covenanl, the said Contnctof for himself, \hemlIClves, .tself, hereby IITCvocably IUthonJ.:. Iud <mpowers Ill)' AI~ of ooy COW1 of Conunon 1'1... of the Conunonwalth of l'enus)'IV8llII, to aJ1llC6f lOr him, them, iI, or 10)' of them, in 1lII)' of the ...d Courts of Conunon PI... IS Attorney lOr him, them or il and 10 hts, then, lIs. name, marl. sallsl'ied of n:cord al the cost and expeIIIe of , . ... IhA: Contractor or of any Sub.contractor or Material man, 0' Material men, any and all claims 0' claim, lien 0' liens, filed by or for IhA: Contractor, or any Sub.contractor or Material man, or in his or thei, name against said building or buildinga, lot or lots of ground or any part thereof and for such aA:t or acts this shall be good and sufficient W1IlTlI1It and audlorilY, and a refc:rcncc to IhA: Court, Tcon and Number in whieh and where this A8J'CCIl1ent shall have been filed shall be a suffieient exhibil of IhA: Authority herein contained to \\'III'I1lIlt such aA:tion, and tbe Contracto, fa, himself, themselves, itself, do hereby remise, release and quit-claim oil rights and all manner of errors, defects and imperfections whatsoever in cnlCring such satisfaction or in any. wise touching or c:onccrning IhA: same. IN WITNESS WHEREOF, the said partics have hereunto set thei, hands and seals dated the day and year rust above \\TillCll. WITNESSES PRESENT: /l ' ( /'~ .''3. ~ \ ~) G~~t:~~... ;h Owner , J -IJ" {;:../.,! '. ,II( It. ~ KIMBERLY A. PALMER Owner (SEAL) (SEAL) 2 d- e.. -.J Q 0 ~ llllt .. ~ '" i,1" :. r6 -, ..; . ..j if: l'- 0- ,.., () \6 r'6 ...... () ~ :;J ......, a ..')[ rV X \J - 0... .... V'> ..