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Home My WebLink About96-00742 , I ,I 1'1 [ , , 'I, " " I\i ,I I , I ,! , I " , , ,I ... , , " " 11 71:1. , I , 1~0 .'1 I \, " I" " ,\ , , , , , " , , , d i! I , , r ',' i'l Ii I' " I, " " , ' !, ~ 1 , I I, , , 'I' 1!,1 'h " "F " , , i' , , , \1 I I 1'1 '1 .1 I I, 'I , , " " " " II! FEa-09-96 FRI 12:04 AM MCKONLY ~ ASBURY FAX NO. 7177617944 P,02/06 ..\/'117' Jill 'i<.. '1'f}J mJ,1l /;..." 36TH STREET ASSOCIATES, , Owner I IN THE COURT OF COMMON PLEAS OF : CUMBERLANO COUNTY, PENNSYLVANIA v. ~ NO. , " ',') ;") , , .. " p-~'" ',I . t I ,"I , . ", , ,',.') , , '1 .;J .- I -. " 'I .. . i , ., :,) { J ", LOBAR ASSOCIATES, INC., eentracta r : WAIVER OF LIENS CONWQOI1:S WAlW OF LIENS THIS AGREEMENT IT'ade this .:i'-~ay of Ht/lvAti y ,1996, between 36th Strut Associates, a Pennsylvania general partnership, with Its offices at 415 Fallowfleld Road, Camp HIli, Pennsylvania ("Owner") and Lobar Associates, Inc., a Pennsylvania corporation, with its offices In 4 Barlo Circle. Olllsburg, Pennsylvania ("Contractor"). WHEREAS, by a duly executed written agreement dated February 8, 1996 (the "Contract"), Owner and Contractor have contracted for lhe erection, construction and completion of certain renovations and improvements all In accordance with the Contract (the "lmprcvements") on the Property situate in Hampden Township, Cumberland County, Pennsylvania (the "Property"), said Property being more particularly de5cribed In Exhibit "A" allached hereto and by thi~ reference incorporated herein; and WHERE..,S, no authorl:z:aticn has yet been given by Owner to Contractor to commence its work or purchase materials for same; and WHEREAS, no work has commenced on the Property and no labor or material. have been delivered to the Property or furnished for the Improvemenu by Contractor or any su!Kontractor or materialman. NOW, TH~REFORE, the Contractor, for itself, its successors and assigns and anyone else acting or claiming through or under it, for and in consideration of the Contract and the considerations mentioned therein, and intending to be legally bound hereby, does hereby agree as follow!: 1. Waiver of Lien. Contrador hereby waives and relinquishes all rights to fiI. a mechanics' lien, claim or notice of Intention to tile any lien or claim and does hereby covenant, promise and agree that no mechanics' lien or claim or other Hen or claim of any kind whauoever shall be flied or maintained agalmt the Improvements or th. .slate or title of Owner In the Property as described in E~hibit "A" or thO! curtilage or curtllages ZOO 'J 9t: 0 t (nH~1 ~6 .80- '83~ . ,...1\ FEtl-09-9ti FR[ 12:06 A~ ~CKONLY ~ ASBURY FAX NO. 7l'17617944 P.03/06 appurtenant thereto, by or In Ihe name of Conlractur or by or in the name of any lubcontraclOr, materialmen or laboren for work done or material$ fumllhed under the conlract or by any olher party adlng throullh or under them or any of thlm for and about the Improvements or Ihe ProperlY or any part thlreof. or on crl\dlt Ihereof, and that all lb. ~~g~tractors, male"almen, and laboren on the work ,hall look to and hold Contractor MY t~q& 'IY~ lI"ble for all subconllacts, materials fuml$hed under the conllact for and about 1'~ 1 u Ihe erection, construction and completion of the Improvemenl5, or under any conll'act for '(S. extra work. or for work supplemental thereto, or otherwise. ~. 2. J,ndeoendent Cov..nant. This /lgreement walvinll the right of lien shall be an Independent covenant and shall operale and be eftective as well with respect to work done and materlal$ furnished under any supplemental contract for extra work In the erection, conwuctlon and completion of the said Improvements and as to any work and labor done and materials furnished uncer the Contract. 3. Power o( Mornev. In order to give owner full power and authority to protect Itself, the property, the estate or lit Ie of owner therein, and the appurtenances Ihereto. against any and all liens filed by Contraclor or anyone actinll under or throullh It in vlolallon of the foregoing covenant. Contractor hereby irrevocably aulhorizes and empowers any attorney of any Court of Common Plea$ of the Commonwealth of Pennsylvania to (i) appear a$ attorney for it, them or any of Ihem, in any $uch Court, and in 11$ or their name or name5, to the extent permitted by law, mark satisfied 0/ record at the cost and expense of Conlractor or of any subcontractor or materialman. any and all lien or liens, flied In violation of the for~oing covenant. or (ill cause to be filed and served in connection with such lien or liens any pleading or Instrument, or any amendment to any pleading or instrument previously fHed by It or them, and to incorperale therein, as part of Ihe record, the waiver contained In this Instrument; and (or such act or acts this Instrument shall be good and sufficient warrant and authority. A reierE\nc;e to the court. term and number in wnich and where this agreemanl snail have beel' filed shall be conclusive evidence of the authority herein to warrant such action, and Contractor, for Itself and tor them, hereby remises, releases and quit-clalms all righls and all manner of errors, defects and imperfections wha150ever In entering such satisfaction or in filing such pleading, Instrument or amendment, or In any way concerning Ihem. In the event anyone acting through or under contractor shall 50 file a lien In viol ation of the foregoinll covenant, owner may not exercise i15 rights under this Paragraph 3 unles5 such lien has not been $trlcken or discharged (by payment, posling o( a bond or olher means) for a period of ten days after notice of such lien shall have been received by Contractor. 4. Public Notice. Tl1i$ Agreement $hall be filed in the Cumberland County Prolhonotary's Office as public notice hereof. 9t:OI tnH.L)96 ,80- 'Q3& toO '4