Legal Mechanic's Lien Package

Legal Mechanic's Lien Package

This Mechanic's Lien Package is executed on Effective Date: by and between Claimant Name: having a principal place of business at Claimant Address: and Owner Name: having an address for service at Owner Address: (collectively, the "Parties").

RECITALS

WHEREAS, Claimant furnished labor, services, equipment or materials for the improvement of the real property located at Project Address: in County: (the "Property") pursuant to an oral or written contract dated Contract Date: with Contracting Party: .

WHEREAS, Claimant asserts that a balance remains due and unpaid in the amount of Unpaid Amount: for labor, services, equipment or materials furnished to the Property, and Claimant seeks to preserve and enforce its security interest by filing a mechanic's lien in accordance with applicable law.

WHEREAS, the Parties desire to prepare and exchange the documents and affidavits customarily required for asserting, perfecting, and releasing mechanic's liens, including Notice of Intent to Lien, Claim of Lien, Affidavit of Performance, and, where appropriate, Lien Release or Lien Waiver forms (the "Package Documents").

NOW THEREFORE

NOW THEREFORE, in consideration of the covenants and agreements set forth below and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows.

1. DEFINITIONS

For purposes of this Package, the following defined terms shall apply: "Claimant" means the party identified as Claimant Name above; "Owner" means the party identified as Owner Name above; "Property" means the real property described in the attached Legal Description; and "Package Documents" means the collection of documents described in the Recitals necessary to assert, perfect, or release a mechanic's lien.

2. STATEMENT OF CLAIM; AMOUNT

Claimant hereby declares and affirms that Claimant furnished the labor, services, equipment or materials described in Itemized Work and Materials below, that such labor, services, equipment or materials were provided at the instance and request of the contracting party for the improvement of the Property, and that Claimant claims a lien in the amount of Lien Amount: . The Claim is based upon entry of materials or performance of labor during the period Start Date: through End Date: .

3. NOTICE AND PRE-FILING REQUIREMENTS

Claimant represents that, to the extent required by law, Claimant has complied with statutory pre-filing notice requirements. Notice of Intent to Lien sent: Yes    If yes, date notice sent:

4. FILING; CONTENTS; AFFIDAVIT

Claimant shall prepare, verify and, to the extent permitted by law, file or record the Claim of Lien in the appropriate County Recorder's or Clerk's office. The Claim of Lien shall include a verified statement or affidavit setting forth the claimant's name and address, the owner's name and address, a description of the labor, materials or equipment furnished, the contract date, the balance claimed, and a legal description sufficient for identification of the Property. Filing Location: Filing Date (anticipated):

5. RELEASE, CURE, AND PAYMENT

Upon receipt of payment in full of the amounts claimed, Claimant shall execute and deliver a Lien Release or Lien Waiver consistent with the statutory form and shall record the release. Nothing in this Package limits any right or remedy provided by statute to cure or bond over a lien.

6. REPRESENTATIONS AND WARRANTIES

Claimant represents that the statements contained in the Package Documents are true, accurate, and complete to the best of Claimant's knowledge and belief, and that Claimant has the authority to sign the affidavits and verifications required to assert and perfect the lien. Owner represents only that Owner has received this Package and does not by signature or receipt waive any defense or assert any admission of liability by Owner.

7. NOTICES

All notices under this Package shall be in writing and shall be delivered by hand, certified mail, or nationally recognized courier to the Parties at the addresses set forth above or to such other address as either Party may designate by written notice. Notice Address for Claimant: Notice Address for Owner:

8. AMENDMENT; WAIVER; COUNTERPARTS

This Package may be amended only by a written instrument executed by both Parties. No failure or delay by either Party in exercising any right under this Package shall operate as a waiver of that right. This Package may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

9. GOVERNING LAW; VENUE

This Package shall be governed by and construed in accordance with the laws of the state in which the Property is located. The Parties submit to the exclusive jurisdiction and venue of the state and federal courts located in the county where the Property is situated for any action arising out of or relating to this Package.

10. ENTIRE AGREEMENT; SEVERABILITY

This Package, including any attached exhibits and the Package Documents prepared pursuant hereto, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings and agreements. If any provision of this Package is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

11. AUTHORIZATION

Claimant authorizes the preparation, execution and filing of the Package Documents and acknowledges that Claimant's verified affidavits may be used for filing or recording. Owner acknowledges receipt of the Package and understands that Owner's signature herein is acknowledgement of receipt only and not an admission of the validity of any claim.

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