Legal Notarized Lien Waiver

LEGAL NOTARIZED LIEN WAIVER

This Legal Notarized Lien Waiver (the "Waiver") is made and entered into as of by and between Claimant Name: whose address is , and Payor Name: whose address is .

RECITALS

WHEREAS, Claimant performed certain labor, supplied materials, or both for the improvement of the property commonly described as (the "Property") in connection with the project known as ;

WHEREAS, Payor has furnished or is obligated to furnish payment to Claimant in respect of the work and materials described in invoice number in the amount of $, dated ;

WHEREAS, the parties desire to document the waiver and release of lien rights, subject to the terms and conditions set forth in this Waiver.

NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is acknowledged, the parties agree as follows:

1. WAIVER AND RELEASE

1.1 Type of Waiver. Claimant elects the following form of waiver (select one):
Conditional Partial Waiver and Release - applies upon receipt and clearance of the above-described payment for the specific portion of work or materials described herein. Unconditional Partial Waiver and Release - Claimant acknowledges receipt and unconditional waiver to the extent of the payment specified, subject to retention of remaining lien rights for unpaid amounts. Unconditional Final Waiver and Release - Claimant acknowledges full payment and unconditionally waives and releases all lien rights related to the Work and the Project.

1.2 Effect of Release. To the extent applicable and effective under the selected waiver above, Claimant does hereby irrevocably waive, release and relinquish any and all mechanic's, materialman's, construction or other liens, claims, demands and causes of action of every kind and nature whether known or unknown, arising out of or connected with the work, labor, services and/or materials furnished through the date set forth above, for the Property and Project described in this Waiver.

2. REPRESENTATIONS AND WARRANTIES

2.1 Payment. Claimant represents and warrants that it has received or will accept the payment described above in full or partial satisfaction of obligations for the labor, services and/or materials furnished, and that the consideration recited in this Waiver is adequate and binding.

2.2 Authority. Claimant warrants that it has full authority to execute this Waiver and to release lien rights, that no other person or entity has an interest in the claims being waived, and that execution of this Waiver will not violate any other agreement or obligation.

3. RELEASE AND COVENANTS

3.1 Release of Claims. Subject to the conditions of the selected waiver, Claimant releases and forever discharges Payor and the Property owner, together with their agents, employees, successors and assigns, from any and all claims, demands, liens, suits, causes of action and liabilities asserted or which could have been asserted through the date of this Waiver relating to the Work described herein.

3.2 Reservation for Retainage or Disputed Amounts. If this Waiver is marked as a partial waiver, Claimant expressly reserves the right to assert lien rights, claims or liens for sums not covered by the payment described herein, including retainage, disputed sums, or future amounts for additional work.

4. INDEMNITY

Claimant agrees to indemnify, defend and hold harmless Payor and the Property owner from and against any and all liens, claims, losses, liabilities, costs and expenses (including reasonable attorneys' fees and court costs) arising from any false representation made by Claimant in this Waiver or from Claimant's failure to pay subcontractors, suppliers, laborers or material providers.

5. ADDITIONAL INFORMATION

6. NOTARY ACKNOWLEDGMENT

State of , County of .

On this day of , in the year , before me personally appeared , known to me (or satisfactorily proven) to be the person whose name is subscribed to this instrument and acknowledged that he/she executed the same for the purposes therein contained.

7. MISCELLANEOUS

Governing Law: This Waiver shall be governed by and construed in accordance with the laws of the state in which the Property is located, without regard to conflict of law provisions.

Entire Agreement: This Waiver constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations and agreements.

Severability: If any provision of this Waiver is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Notices: Any notice required or permitted under this Waiver shall be in writing and delivered to the addresses set forth above or to such other address as either party may designate by written notice.

Amendments and Waiver: No amendment or waiver shall be effective unless in writing and signed by the party against whom enforcement is sought.

Counterparts: This Waiver may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

IN WITNESS WHEREOF, the parties have executed this Waiver as of the date set forth below.

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