D225201295 10/27/2025 09:35 AM Page: 1 of 6 Fee: $40.00 Submitter: First American Title Insurance Company Electronically Recorded by Tarrant County Clerk in Official Public Records an.
MARY LOUISE NICHOLSON COUNTY CLERK GF NO.: 15798-2954603 RESTRICTIVE COVENANT AND AGREEMENT This Restrictive Covenant and Agreement (this “Agreement”) is made this a 4 day of (( tole. , 2025 by TONYA MARIE GRANT AND JANICE ANN RICHARDSON (hereinafter referred to as “Owner”, whether one or more) and Mattamy Texas LLC, a Delaware limited liability company (hereinafter referred to as “Builder”.
RECITALS WHEREAS, Owner is the current owner of the following described property 545 CROWLEY, TEXAS 76036 (the “Property”), and more particularly described as follows LOT 8, BLOCK 3, OF CREEKSIDE, PHASE 5, AN ADDITION CROWLEY, TARRANT COUNTY, TEXAS, ACCORDING TO RECORDED UNDER INSTRUMENT NO. D223175347, 4 COUNTY, TEXAS.
WHEREAS, the undersigned acknowledge that it is the pol resolution of disputes through alternative dispute resolution preced WHEREAS, Owner acknowledges that Builde( Das Improvements; and WHEREAS, Owner desires to release any in df wa s given by, through or under Builder relating to the construction of all improvements on the Pr provements”), including but not limited to, any implied ‘ éxtent it may exist in Texas and further stipulates that this at they have entered into a transaction that involves interstate commerce and varranty, tort, statutory or otherwise) (the “Dispute”), including, but not limited ing mediation, shall thereafter be submitted to binding arbitration as provided by the Federal § U.S.C. §§ 1 et seq.) or, if applicable, by similar state statute, and not by or in a court of law. All
ing mediation, shall thereafter be submitted to binding arbitration as provided by the Federal § U.S.C. §§ 1 et seq.) or, if applicable, by similar state statute, and not by or in a court of law. All decisions respecting the arbitrability of any Dispute shall be decided by the arbitrator. In no event shall Owner be initially required to pay arbitration costs and fees in excess of those that would have been incurred in filing suit in a court of law and effecting service of process. The arbitrator may award to the prevailing party, if any, as determined by the arbitrator, all or any portion of its costs and fees. “‘Costs and fees” may include reasonable expenses of mediation and/or arbitration, including arbitrator’s fees, administrative fees, travel expenses and out-of-pocket expenses such as copying and telephone, court costs, witness fees and reasonable attorney’s fees. The mediation and, if necessary, the arbitration shall be conducted pursuant to any procedures set forth in the applicable warranty documents, If there is any conflict between this Agreement and such procedures, the provisions of this Agreement RESTRICTIVE COVENANT AND AGREEMENT - PAGE 1 D225201295 Page 2 of 6 shall control. Furthermore, if the mediator and/or arbitrator designated in any applicable warranty documents cannot conduct the mediation or arbitration for any reason, or if no mediator and/or arbitrator is designated, then the parties agree to work together in good faith to select a mediator and, if all Disputes are not resolved by mediation, an arbitrator in the county where the subject property is located. If the parties are unable to agree on the appointment of a mediator and/or arbitrator, either party may petition a court of general jurisdiction in the subject county to appoint
t property is located. If the parties are unable to agree on the appointment of a mediator and/or arbitrator, either party may petition a court of general jurisdiction in the subject county to appoint a mediator and/or arbitrator. It is stipulated and agreed that the filing of a petition requesting appointment of a mediator and/or arbitrator shall not constitute a waiver of the right to enforce binding arbitration.
In any arbitration proceeding between the parties: a. All applicable Federal and State law (including Chapter 27 of the Texas Property Code) shall apply; a. All applicable claims, causes of action, remedies and defenses that would be available in court shall apply; b. The proceeding shall be conducted by a single arbitrator selected by a prt designed to ensure the neutrality of the arbitrator; C. The parties shall be entitled to conduct reasonable and necessary discove d. The arbitrator shall render a written award and, if requested by any pa award; e. The Owner shall not be required to pay any unreasonal arbitrator shall have the right to apportion costs and fees in p arbitration award; and f. Any award rendered in the proceeding shall be fi Owner and Builder agree that notwithstanding anything to Agreement shall survive the closing of the sale of t waiver or invalidity of any portion of this Agreem portions of this Agreement. Owner and Builder fi provements from Builder to Owner. The e validity or enforceability of the remaining that any Dispute involving Builder’s directors, If Owner or Builder files a proceeding wiio-fesolve any such controversy, dispute or claim, such action eC y or a bar to the right of any other party to seek arbitration of d the court shall, upon motion of any party to the proceeding,
ing wiio-fesolve any such controversy, dispute or claim, such action eC y or a bar to the right of any other party to seek arbitration of d the court shall, upon motion of any party to the proceeding, direct that such controversy, disgute ox cPii/be arbitrated in accordance herewith. Inasmuch as this Agreement provides for mandatory arbj aMfies to the litigation for their costs and expenses including attorneys’ fees incurred in seeking abatenlerk of g litigation and enforcement of arbitration.
R ACKNOWLEDGE THAT THE RESIDENTIAL CONSTRUCTION LIABILITY ACT (thé& “RCDy MES TO CONSTRUCTION DEFECTS AND ANY DISPUTES OR CLAIMS REGA MS CTION DEFECTS IN CONNECTION WITH THE IMPROVEMENTS. OWNER AND BUKLDE TAND THAT THE RCLA CONTAINS PROVISIONS TO EXPEDITE THE RESOLUTION R AND BUILDER ALSO ACKNOWLEDGE AND AGREE THAT A REQUEST FOR UNDER E-RCLA, AND THAT ANY NOTICE UNDER THE RCLA SHALL BE SEPARATELY SENT TO BUILDER IN THE MANNER REQUIRED BY THE RCLA, OWNER AND BUILDER ACKNOWLEDGE THAT THE RCLA CONTROLS TO THE EXTENT OF ANY CONFLICT BETWEEN THE RCLA AND ANY OTHER LAW, INCLUDING THE DECEPTIVE TRADE PRACTICES - CONSUMER PROTECTION ACT, SUBCHAPTER E, CHAPTER 17, TEXAS BUSINESS & COMMERCE CODE (the “DTPA”), AS PROVIDED BY THE RCLA AND THE DTPA.
3. OWNER, BY SIGNING THIS AGREEMENT, ACKNOWLEDGES THAT HE/SHE/THEY HAS/HAVE REVIEWED AND UNDERSTANDS THE PROVISIONS CONTAINED HEREIN.
RESTRICTIVE COVENANT AND AGREEMENT - PAGE 2 D225201295 Page 3 of 6 4. Owner hereby agrees, acknowledges and stipulates that THE ONLY EXPRESS WARRANTY GIVEN BY BUILDER TO OWNER RELATING TO THE PROPERTY AND/OR IMPROVEMENTS IS THAT EXPRESS WRITTEN LIMITED HOME WARRANTY PROVIDED BY BUILDER (the “Limited Warranty”). OWNER AGREES AND UNDERSTANDS THAT BY SIGNING THIS AGREEMENT THEY ARE WAIVING ANY
ROPERTY AND/OR IMPROVEMENTS IS THAT EXPRESS WRITTEN LIMITED HOME WARRANTY PROVIDED BY BUILDER (the “Limited Warranty”). OWNER AGREES AND UNDERSTANDS THAT BY SIGNING THIS AGREEMENT THEY ARE WAIVING ANY CLAIM OR CAUSE OF ACTION UNDER ANY THEORY OF IMPLIED WARRANTY OF GOOD AND WORKMANLIKE CONSTRUCTION AND THAT ANY SUCH IMPLIED WARRANTY, TO THE EXTENT IT EXISTS IN TEXAS, IS EXPRESSLY REPLACED BY THE TERMS OF THE LIMITED WARRANTY INCORPORATED BY REFERENCE INTO THIS AGREEMENT. OWNER ACKNOWLEDGES Improvements, as determined without reference to the construction defes Property in accordance with Section 27.0042 the Texas Property Codg A be assigned to Owner. Owner hereby TIES OF ANY KIND, EXPRESS OR DUCTS AND EXPRESSLY DISCLAIMS F EH prone OF USE FOR A PARTICULAR ULLEST EXTENT PERMITTED BY STATE OR agrees, acknowledges and stipulates that Builder IMPLIED, CONCERNING SUCH EQUIPMENT ALL IMPLIED WARRANTIES OF MERCHAN PURPOSE, AND ANY OTHER WARRANTI FEDERAL LAW. } that the Property and Improvements are free of harmful even utilizing modern materials, techniques and designs, any “ith molds and other biological impurities if proper maintenance efiance is a responsibility of Owner. The Owner can take positive steps old growth in the home, and thereby minimize any possible adverse \m Se steps include the following: 7. Builder has exercised reasonable procedures are not implemented.
to reduce or eliminate mA Q pe, check for signs of mold. Potted plants (roots and soil), furnishings, or stored as well as many other household goods, could already contain mold growth. Once wé, its spores can spread to other areas of the home.
-eep the humidity in the home low. Ventilate kitchens and bathrooms by opening the windows, using exhaust fans, or running the air conditioning to remove excess
can spread to other areas of the home.
-eep the humidity in the home low. Ventilate kitchens and bathrooms by opening the windows, using exhaust fans, or running the air conditioning to remove excess moisture in the air. Promptly clean up and dry spills, condensation, and other sources of moisture. Promptly replace any materials that cannot be thoroughly dried, such as drywall or insulation.
b. Inspect for leaks on a regular basis. Look for discolorations or wet spots. Repair any leaks promptly. Inspect condensation pans (refrigerators and air conditioners) for mold growth. Take notice of musty odors, and any visible signs of mold.
RESTRICTIVE COVENANT AND AGREEMENT - PAGE 3 D225201295 Page 4 of 6 c. Should mold develop, thoroughly clean the affected area with a mild solution of bleach. First, test to see if the affected material or surface is color safe. Porous materials, such as fabric, upholstery or carpet should be discarded. Should the mold growth be severe, call on the services of a qualified professional.
Electronic air filters that may assist in effective air filtration and dehumidifiers to maintain humidity levels are available at additional cost from numerous vendors.
Whether or not a home experiences mold growth depends largely on how it is maintained. The Builder has not made, created, or invited (nor does it intend to make, create or invite) any warranty or any other expect: either express or implied, in regard to any mold or other biological impurities.
8. Owner and Builder agree that this Agreement shall be filed of record in the appropriate regl the County in which the Property is located.
9. Owner and Builder further stipulate that this Agreement SHALL RUN WITH 10. By execution of this Agreement, (i) Owner acknowledges that the
ropriate regl the County in which the Property is located.
9. Owner and Builder further stipulate that this Agreement SHALL RUN WITH 10. By execution of this Agreement, (i) Owner acknowledges that the accordance with the contract between Owner and Builder or that a approved and accepted by Owner and (ii) Owner has accepted the Prope Builder from all claims and liabilities relating to the Property or Imprh& arising under the express Limited Warranty.
JANICE ANN RICHARDS€ RESTRICTIVE COVENANT AND AGREEMENT - PAGE 4 D225201295 THE STATE OF TEXAS § § COUNTY OF Dallas § ACKNOWLEDGMENT this day of October This instrument was acknowledged before me this TONYA MARIE GRANT AND JANICE ANN RICHARDSON.
MICHAEL SUDDRETH TARY PUBL Notary Public. State of Texas FATE OF TE Comm. Expires 02-02-2027 Notary ID 125989698 Notary Public, State of Unofficial Copy RESTRICTIVE COVENANT AND AGREEMENT - PAGE 5 Page 5 of 6 D225201295 Page 6 of 6 BUILDER: Mattamy Texas LLC, a Delaware limited liability company THE STATE OF TEXAS COUNTY OF TDQ\IAS ACKNOWLEDGMENT SS § § § This instrument Notary Public, State of Tex: RESTRICTIVE COVENANT AND AGREEMENT - PAGE 6