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Home My WebLink About95-07326 "I' -" 1 ,) ) I ): \..1" Pllf) Project Name: AMERICAN BOUSE WAIVER OF LIENS. SUBCONTRACTOR KNOW ALL BY THESE PRESENTS. That contemporaneously with the execution hereof, an agreement has been entered into between LOBAR ASSOCIATES, INC" a Pennsylvania corporation, with a principal place of business at 4 Bar!o Circle, P,O, Box 432, Dillsburg. Pennsylvania 17019-0432, ("Contractor"), AND BESCO Svslel1\S Inc ,a P~nn'ylvMI., rMI""'~IIQn with a principal place of business at 6 State Road Sulle 110 Hechanlcsburq PA ("Subcontractor") relating to the construction and/or rehabilitation of a housing project upon the real estate located at 20-26 Markel Street, Mechanicsburg, Cumberland County, Pennsylvania and described in Exhibit A, attached hereto and made a part hereof (the "Agreement") owned by AMERICAN HOUSE L1MlTED PARTNERSHIP, a Pennsylvania limited partnership, with offices at 1514 Derry Street, Harrisburg, Pennsylvania 17104 NOW, THEREFORE, intending to be legally bound hereby, at the time of and immediately before the execution of the Agreement, and before any authority has been given by Contractor to Subcontractor to commence work on said housing project, for and in consideration of the making of the Agreemcnt with Contractor. Subcontractor does hercby. for Subcontractor and any and all subcontractors, material supplicrs and parties acting or claiming for. through or under Subcontractor, including, inter alia. any mechanical or electrical engineer. construction engineer or civil engineer, covenant and agree with Owner and PENNSYL V ANlA HOUSING FINANCE AGENCY that no mechanics' liens or claims shall be filed or maintained by Subcontractor, or any of them, against the real estatc dcscribed in Exhibit A attached hcreto, or the buildings thcreon, for or on account of any work done or matcrials furnished under thc Agreement or undcr any supplemcntal contract, verbal or writtcn, or contract for extra work in or about the rchabllitation and/or construction and completion of said projcct, or otherwisc; and Subcontractor. for Subcontractor and any and all subcontractors. material suppliers and parties acting or claiming through or undcr Subcontractor, thcm or any of them, including, inter alia, any mechanical or electrical engineer, construction enginccr or civil cngincer, hcreby cxpressly waives and relinqulshcs the right to have, file or maintain any mechanics' liens or claims against the real estate or buildings, This Waiver waiving the right of lien shall be an independent covenant and shall operate and be effective as weil with rer.pect to work dam: and malerials furnished under any supplcmcntal contract for extra work in thc rchabilitation, construclion and complction of thc housing projcct as to any work and labor donc and matcrials furnishcd undcr thc Agrecmcnt, Waivcr of Liens-Subcontractor Projcct: American 1'1ouse (0-371) Pagc 1 of 3 .' In order to give Owner, PENNSYLVANIA HOUSING FINANCE AGENCY and Contractor full power and authority to protect the real estate and buildings against any and all mechanics' liens or claims filed by Subconcractor or anyone acting or claiming for, through or under Subcontractor or in violation of the Agreement or this Waiver. Subcontractor, for itself and all subcontractors, material supplicrs and panics acting or claiming for, through or under Subcontractor, including, inter alia, any mechanical or clcctrical engineer, construction engineer or civil engineer, hereby irrevocably authorizes and empowers any allorney of any Coun of Common Pleas of the Commonwealth of Pennsylvania or any allomey of any coull or jurisdiction there or elsewhere, to appear in any coun or jurisdiction for Subcontractor. and mark satisfied of record, at the cost and expense of Subcontractor, or any such subcontractor. material suppliers or pany including, inter alia, any mechanical or electrical engineer, construction engineer or civil engineer, any and all claim or claims. lien or liens filed by or for Subcontractor, or in its or their name against the real estate, buildings, or any pan thereof, and, for such act or acts this shall be a good and sufficient warrant and authority, and a rcference to the COUll, tenn and number or place in which the Agreement and this Waiver shall have been filed shall be sufficient exhibit of the authority herein contained to warrant such action, and Subcontractor, for itself and all such panies, does hereby remise. release and quit-claim unto Owner and PENNSYLVANIA HOUSING FINANCE AGENCY and each of their attorneys any and all manner of errors. defects and imperfections whatsoever in entering such satisfaction or anywise touching or concerning the same, The Agreement and this Waiver is made and intended to be filed with the Prothonotary of the Coull of Common Pleas of the County or other proper place in which the above-described lands are located, It is expressly understood that this Waiver and all of the provisions and remedies herein contained shall be available to and for the protection of PENNSYLVANIA HOUSING FINANCE AGENCY and Owner of said premiscs, In the event Subcontractor consists of more than one person, fiml or corporation, the undenakings hereunder of each of such persons, finns or corporations shall be joint and several, and the word "Subcontractor" shall mean all or some or any of them, For the purposes of the Agreement and this Waiver, 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 WHEREOF, Subcontractor with intcnt to bc legally bound hercby, has hcrcunto signcd and scalcd Ihcsc prcsents this 2211d day of Nov"mb(' r , ] 995, Wl~s... it, <r~;"".., j --' '-- - '1].''''<:0 .>.....r-..;,_~~::I:c;r. B~.vd.,~~f?s ~ Waivcr of Liens-Subcontractor Project: Amcrican Housc (0-371) Page 2 of 3 COMMONWEALTH OF PENNSYL V ANlA: COUNTY OF _~ jJfY\ h,.,~ J l\.f"'Id_ ; SS: On this, the E!l,dday of November , 1995, before me, a Notary Public, the undersigned officer, personally appeared "'RC'\.IO .,-i [;' ~hCfl.orl"" of \3P1I0n ~rl~rll'" TI\r> , known 10 me (or satis actorily proven) to be the person whose name is su scribed to the within Waiver of Liens and acknowledged that helshe, being authorized to do so, executed the same for the purposes therein contained, and desires lhe same to be recorded as such, IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. ~ ~ \---'1'~~? n.-..I ~ I-J NO~lbli -,~ NOTARIAl-SEAL (SEAL) PEGGY J. aDEn, NolBfY Public C8I1lI Hili BOlO. Cumbotland CountY My Commission ExPifr~ Oct 20 1997 t.>. ," . ....-.. Waiver of Liens-Subcontractor Project: American House (0-371) Page 3 of 3 "'"" VI "'t) t) .2. ti. 1 '-' . ~ fj 1 } 0 (J ", ..0 !B M ~ 1. 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