Doc# 20250165331 09/05/2025 03:55 PM Page 1 of 4 Lucy Adame-Clark, Bexar County Clerk DECLARATION OF RESTRICTIVE COVENANT OF AFFORDABILITY EDDIE DELGADO, JR. (DECLARANT) makes this Declaration of Restrictive Covenant of Affordability (Restrictive Covenant) to assure the long-term use of the real property described in Section 1 below.
1. DECLARANT is the record owner of the real property located at 2426 Redlove Drive, San Antonio, Texas (Property), more particularly described as follows: Legal Description: Lot 9, Block 12, Applewhite Meadows, Unit 1, a subdivision in the City of San Antonio, Bexar County, Texas, according to the map or plat thereof recorded in Volume 20002, Page 881886, Deed and Plat Records of Bexar County, Texas.
Street Address: 2426 Redlove Drive, San Antonio, Texas 78224.
2. in consideration of a partially perpetual and partially forgivable loan to DECLARANT in the amount of Fifteen Thousand and 00/100 Dollars [$15,000.00] (Loan) from the City of San Antonio (CITY) for the purpose of providing, as applicable, closing costs, pre-paid interest, and down payment assistance to purchase the Property, DECLARANT, on behalf of DECLARANT and DECLARANT’s successors and assigns, hereby agrees to restrict the use of the Property in the manner and for the period of time set forth in this instrument.
3. DECLARANT, on behalf of DECLARANT and DECLARANT’s successors and assigns, does hereby adopt and impose on the Property the following conditions, covenants, and restrictions, which shall be a covenant running with the land and shall be binding upon any purchaser, grantee, owner, or lessee of any land or building on the Property, and each of their respective heirs, executors, administrators, devisees, successors, and assigns:
hall be binding upon any purchaser, grantee, owner, or lessee of any land or building on the Property, and each of their respective heirs, executors, administrators, devisees, successors, and assigns: 3.1. Foracontinuous period of ten (10) years after the date of recordation of this instrument (Affordability Period), the Property shall be continuously occupied by DECLARANT and maintained as DECLARANT’s principal place of residence; 3.2 ‘In the event of a voluntary or involuntary sale of the Property during the Affordability Period, CITY shall be entitled to recapture from DECLARANT or DECLARANT’s successor(s)-in-title the amount outstanding on the Loan; provided, however, repayment of such recapture amount shall be limited to the amount of proceeds remaining after any superior loans and closing costs are deducted from the sale proceeds; and CaSA HIP 120 Restrictive Covenant — 2426 Rediove Drive 1 of 3 Doc# 20250165331 09/05/2025 03:55 PM Page 2 of 4 Lucy Adame-Clark, Bexar County Clerk 3.3. In the event that the Property is not sold but DECLARANT ceases to occupy the Property as DECLARANT’s principal residence during the Affordability Period, CITY shall be entitled to and owed by DECLARANT or DECLARANT's successor(s)-in-title the entire outstanding Loan amount as of the date DECLARANT ceased to occupy the Property as DECLARANT’s principal residence.
4. Violation of this Restrictive Covenant shall give the City the right to institute any proceeding at law or equity to recover any sum due to CITY under the terms of this Restrictive Covenant. If CITY institutes an action to recover any such sum, DECLARANT and DECLARANT’s successor(s)-in-title agree to pay all costs of collection, including any court costs and reasonable attorneys’ fees.
t. If CITY institutes an action to recover any such sum, DECLARANT and DECLARANT’s successor(s)-in-title agree to pay all costs of collection, including any court costs and reasonable attorneys’ fees.
5. Every individual or entity who now or hereafter owns or acquires any right, title, or interest in or to any portion of the Property is and shall be conclusively deemed to have consented and agreed to this Restrictive Covenant, whether any reference to this Restrictive Covenant is in the instrument by which the Property was conveyed to such individual or entity.
6. This Restrictive Covenant shall be binding upon the undersigned party and all successive owners of the Property or any part thereof. Whenever in this Restrictive Covenant a reference is made to a party, such reference shall be deemed to include a reference to the heirs, executors, legal representatives, successors, and assigns of such party. This Restrictive Covenant may not be withdrawn, modified, or amended without the written consent of CITY.
7. In the event of foreclosure or deed in lieu of foreclosure of a prior security deed or security interest, any provisions in this instrument or any provisions in any other collateral agreement restricting the use of the Property or otherwise restricting the DECLARANT’s ability to sell the Property shall have no further force or effect. Any individual or entity (such individual's or entity’s successors or assigns) receiving title to the Property through a foreclosure or deed in lieu of foreclosure of a prior security deed shall receive title to the Property free and clear from the restrictions in this instrument.
ADOPTED this 4th day of _ September , 2025.
By: Ld DDIE DE CoSA HIP 120 Restrictive Covenant — 2426 Rediove Drive 2 of 3
title to the Property free and clear from the restrictions in this instrument.
ADOPTED this 4th day of _ September , 2025.
By: Ld DDIE DE CoSA HIP 120 Restrictive Covenant — 2426 Rediove Drive 2 of 3 Doc# 20250165331 09/05/2025 03:55 PM Page 3 of 4 Lucy Adame-Clark, Bexar County Clerk (ACKNOWLEDGMENT) STATE OF TEXAS § § COUNTY OF BEXAR § This instrument was acknowledged before me _ on. this 4th BLANCA MONAAREZ 8 Notary Public, State of Texas Notary iD 13024719.7 Se Eee ook!
i 46, we FETA AFTER RECORDING RETURN TO: City of San Antonio Office of the City Attorney ATTN: Housing Attorney P.O. Box 839966 San Antonio, Texas 78283-3966 CaSA HIP 120 Restrictive Covenant — 2426 Rediove Drive NOTARY PUBLIC, STATE OF TEXAS day of 3 of 3 File Information eFILED IN THE OFFICIAL PUBLIC eRECORDS OF BEXAR COUNTY LUCY ADAME-CLARK, BEXAR COUNTY CLERK Document Number: 20250165331 Recorded Date: September 05, 2025 Recorded Time: 3:55 PM Total Pages: 4 Total Fees: $33.00 Any provision herein which restricts the sale or use of the described real property because of race is invalid and unenforceable under Federal law STATE OF TEXAS, COUNTY OF BEXAR | hereby Certify that this instrument was eFILED in File Number Sequence on this date and at the time stamped hereon by me and was duly RECORDED in the Official Public Record of Bexar County, Texas on: 9/5/2025 3:55 PM ‘ Kcr Ataris Chang iH Lucy Adame-Clark 4 Bexar County Clerk