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HomeMy WebLinkAbout95-05460 s- 5'-\l1b 11)0..\1'<\ b. :\to OJ\d \! \t.\i jo ~,,~ v. ~ m~N()'u~~ c..o~ DAVID B. SHATTO and VICKI JO SHATTO, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Owner/Borrower v. MLD NO. 95- 5t/ldJ 1'1/- /) THE McNAUGHTON COMPANY, Contractor WAIVER OF LIENS WHEREAS, by Agreement dated October 11, 1995, David B, Shatto and Vicki Jo Shatto ("Owner/Borrower") contracted with The McNaughton Company ("Contractor") for work and services relating to the construction and construction supervision of a project upon the real estate described on Exhibit "A" attached hereto and made a part hereof; and WHEREAS, the project is to consist of the construction of residential condominiums on property in Hampden Township, Cumberland County, Pennsylvania, described on Exhibit "A" attached hereto, more fully detailed in the construction contract described above; and WHEREAS, Sovereign Bank has agreed to lend and advance One Hundred Ninety-Three Thousand Three Hundred Seventy and 00/100 Dollars ($193,370.00) to Owner/Borrower to finance such construction in consideration of, among other things, the execution of this Waiver. NOW, THEREFORE, Contractor, INTENDING TO BE LEGALLY BOUND HEREBY, does hereby, for Contractor and for any and all subcontractors, materialmen, employees and parties acting or claiming for, through or under Contractor, covenant and agree with Owner /Borrower and Sovereign Bank that no mechanics' liens or claims shall be filed or maintained against the above-described real estate, or the building or improvements to be erected thereon, for or on account of any work done or materials furnished under said agreement or under any supplemental contract, verbal or written, or contract for extra work in or about the erection, construction and completion of said project, or otherwise; and Contractor, for Contractor and any and all subcontractors, materialmen, employees and parties acting or claiming through or under Contractor, hereby express ly waives and relinquishes the right to have, file or maintain any mechanics' liens or clllims against said real estate or buildings or improvements. 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, supervision and completion of the said project as to any work and labor done and materials furnished under said agreement, In order to give Owner/Borrower and Sovereign Bank full power and authority to protect the said real estate and buildings or any of them against any and all mechanics' liens or claims filed by Contractor or anyone acting or claiming for, through or under Contractor or in violation of this agreement, Contractor, for itself and all such aforesaid subcontractors, materialmen, employees and parties acting or claiming for, through or under Contractor, hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, or any attorney of any other court or jurisdiction there or elsewhere, to appear in any said courts or jurisdictions for Contractor and mark satisfied of record, at the cost and expense of Contractor, or any such subcontractor, materialman, employee or part;, any and all claim or claims, lien or liens filed by or for Contractor or in its or their name against the said real estate, buildings; a copy of this Agreement, and a reference to the court, term and number or place in which this agreement and waiver shall have been filed shall be sufficient exhibit of the authority herein contained to warrant such action; and Contractor, for itself and all such parties, does hereby remise, release and quitclaim unto Owner/Borrower and Sovereign Bank, and their and each of their certain attorney or attorneys, any and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or anywise touching or concerning the same. This agreement and waiver is made and intended to be filed with the Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, or other proper place in which the above- described lands are located, It is expressly understood that the foregoing waiver and all of the provisions and remedies herein contained shall be available to and for the protection of Sovereign Bank, mortgagee of said premises, its successors or assigns. In the event 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 this agreement and waiver, the singular shall be deemed 2 \ to include the plural, and the neuter shall be deemed to include the masculine and feminine, as the context may require, IN WITNESS WHERE~tcontractor~~/~ere~nto signed and sealed these presents this ~ day of VD'W~ , 1995. OW17m () ~ . /' David B. Shatto- ,J~1 '\ Ll..l-lu tto WITNESS: ATT CONTRACTOR: THE McNAUGHTON COMPANY .y~ 3 ~ ,. (\ .. .;1- ...;1 '\\ ~~ :oc \Ji C>- ,. .' t~ j,.; , ~,Q ;J N (:) <.) ~t r-J , ~ ... 'J , =