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HomeMy WebLinkAboutFinal Waiver and Release of Claims and Lien Rights • ' Doc Et: Vol P3 01072411 OR 9E33 1 FINAL WAIVER AND RELEASE OF CLAIMS AND LIEN RIGHTS STATE OF TEXAS § COUNTY OF BRAZOS § WHEREAS, the undersigned, hereinafter called "Subcontractor," has performed labor or furnished materials or done both pursuant to the undersigned's subcontract with Emerson Construction Company, Inc., hereinafter called "Contractor ", in connection with the construction of improvements located at 1815 Brothers Blvd., College Station, Texas 77845 and more particularly described as: Southwood Plaza, Ph 1, Block 15, Lot 3, owned by Wal -Mart Real Estate Business Trust, hereinafter called "Owner" and; For and in consideration of $24,408.73, representing FULL AND FINAL payment on the above - referenced Project, Subcontractor hereby acknowledges complete satisfaction of and forever waives and releases any and all claims of every kind against Owner, the Project, the property described herein and Contractor, including but not limited to, all statutory or constitutional mechanic's liens, all contractual liens and all bond claims that the undersigned may be entitled to in connection with the furnishing of labor and/or material. More particularly, Subcontractor releases all its claims, including but not limited to the lien and bond claimed by its "Lien Affidavit" filed in the official public records for Brazos County, Texas, recorded as document number 01069607 on August 18, 2010. Subcontractor further warrants and represents that all bills, claims, or liability against it or the Project, arising out of labor and/or material provided by or through Subcontractor, to the Project, or purchased by Subcontractor for use on the Project, have been paid and satisfied. Subcontractor further warrants and represents that any unpaid subcontractors and suppliers will be paid and satisfied directly out of the funds paid by Contractor in reliance on this affidavit. Subcontractor further represents and warrants that funds paid in reliance on this affidavit in the amount shown above are sufficient for payment of any outstanding bills, claims, or Liabilities incurred by Subcontractor in connection with labor and/or materials provided to the project. All of the provisions of this release shall bind the undersigned Subcontractor and the Subcontractor's legal representatives, successors and assigns and shall inure to the benefit of the Owner and Contractor, the Owner's and Contractor's heirs, legal representatives, successors and assigns. The person signing this document represents that they are duly authorized to do so on behalf of the undersigned Subcontractor. [remainder of this page intentionally blank] Final Waiver and Complete Release etSabmnh'aetor Lica Page 1 on '.n+n »n.pf..,:.;.. .... ......„w...wA+«.ti..'r.w +• -[.q: .,.•,....�1«+r.w+:wwa:.-u w.ny.;;..x.:. .. r.w? D oi: Bk Vol F3 01072411 OR 9833 EXECUTED THIS I _ day of September, 2010. By: Printed Name. 1 � ( ( , 5d,..4.) Title: , 40041 4 Sisco Ceramic Tile, LLC 391 Cable Industrial Way Carrollton, GA 30117 STATE OF GEORGIA § § COUNTY OF CARROLL § SUBSCRIBED SWORN AND ACKNOWLEDGED BEFORE ME by the said .. (Tt1l Sf '_iAname] on this the 13 day of September, 2010, the y' [title] of Sisco Ceramic Tile, LLC, a limited liability corporation, an behalf of said corporation, to certify which, witness my hand and official seal of office. • c), FIAV 94 1 h ) } My Commission Expirrs: (.. Notary Public in an for the State of Georgia ole Farm; AV X13 a , — • �y -I R S S i i. M S - C 0 Q m H is F o 7 21 -+ v :p c am . P En ? �l IA (D tTl ? el) , a cu i9 CI g % !J N - n - [ 0:. Q -7 . N i01 -1 cm= rr, ca, , . -•. a -, e c, a O� ro S 7 = _ r,• — O 1 0 -4 d S n 7 % ry1 -4 p •T ali M Final Waiver and Complete Release ofSubcontrador lien g 0 .. g F = Nit 2 of 2 CO -4 11 c-i 9 at ° , sA I— ° e r*7 d I m rwn..YJ..- -.....+..• +.w... .. * s . Ms - NigW. N. �4MM!,M e# MW.. �w.' wY+. �31ulYYMV P!^-I YU�. M. w�✓. R.. ...rty.+�':.'+Yi�4tiw.�a...•.y. ✓:_... c. �. ..