Page 1 of 7 D215057672 3/23/2015 3:10PM PGS7 Fee: $40.00 Submitter: CSC INGEO Electronically Recorded by Tarrant County Clerk in Official Public Records os ised & ve) Mary Louise Garci GA ctets Mary Louise Garcia GFREL Zr A closer 01 | Stawart! 224 DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (hereinafter “Declaration”) is made by MHI PARTNERSHIP, LTD. (hereinafter “Declarant”), a Texas limited partnership, as follows: .
RECITALS A. Property Address: 9920 Chrysalis Drive, Fort Worth, TX 76131 (hereinafter “Property,” consisting of the rea improvements thereon).
B. Seller: MHI Partnership, LTD (hereinafter “Seller”).
CG. Buyers(s): Jennifer R. Summers (hereinafter collectively} er” whether one or more).
D. Legal Description: E. Closing Date: REFORE, Declarant hereby subjects the Property to the covenants, estrictions more particularly described below.
7/2/2013 Declaration of Restrictive Covenants : Page | of 6 Page 2 of 7 DECLARATION Recitals. The Recitals set forth above are incorporated herein as a substantive part of this Declaration.
Successors and Assigns: Covenants Running with the Property. The benefits of this Declaration shall inure to the benefit of the parties and their respective successors and assigns (including any future owner or occupier of the Property), and the burdens and obligations of this Dec j AND PROVISIONS OF THIS DECLARATION.
Term. Except as provided below, this Declaration shall ha’ “Covenant Period”) commencing on the Closing Date.
of the Covenant Period until they are arbitration award or judgment. Notwithsta going, if Declarant, Seller or an affiliate of them becomes the holder of legal tit] Ah epetty, this Declaration shall automatically
ant Period until they are arbitration award or judgment. Notwithsta going, if Declarant, Seller or an affiliate of them becomes the holder of legal tit] Ah epetty, this Declaration shall automatically terminate and be of no further force G Declarant, Seller, such affiliate, or the Property.
ARBITRATION.
AG ENTS, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, DEVELOPERS, SUBCONTRACTORS, MATERIALMEN, SUPPLIERS, RERS OR OTHER THIRD PARTIES JOINED IN ACCORDANCE WITH ‘SIONS INCLUDED IN THE CONTRACT OR PARAGRAPH 4.E HEREOF, SHALL BE SETTLED BY BINDING ARBITRATION UNDER THE FEDERAL ARBITRATION ACT, 9 U.S.C. § 1, ET SEQ. HOLDER IRREVOCABLY ACKNOWLEDGES AND AGREES THAT THE TRANSACTION MADE THE BASIS OF THE CONTRACT INVOLVED AND AFFECTED INTERSTATE COMMERCE.
B. ARBITRATION OF DISPUTES. IN ALL CASES (INCLUDING WITHOUT LIMITATION, ALL INSTANCES WHERE CONSTRUCTION DEFECT 7/2/2013 Declaration of Restrictive Covenants Page 2 of 6 Page 3 of 7 CLAIMS ARE JOINED WITH OTHER CLAIMS), THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS CONSTRUCTION INDUSTRY ARBITRATION RULES (AS SUPPLEMENTED BY AAA SUPPLEMENTARY PROCEDURES FOR CONSUMERRELATED DISPUTES, WHERE APPLICABLE) IN EFFECT AT THE TIME THE DEMAND FOR ARBITRATION IS FILED. AAA FAST TRACK PROCEDURES SHALL APPLY ONLY UPON THE FURTHER WRITTEN CONSENT OF ALL PARTIES TO THE ARBITRATION PROCEEDING.
Cc. GENERAL PROVISIONS. WITHIN A REASONABLE T THE CONTROVERSY HAS ARISEN, THE PARTY REQUESTING REET FILE A WRITTEN DEMAND FOR ARBITRATION AND PAY APPLIQA® MAY AGREE UPON ONE (1) ARBITRATOR, BUT CANNOT AGREE, THERE SHALL BE THREE APPOINTED IN ACCORDANCE WITH THE APPLIGA IN THE EVENT THE APPLICABLE ARBITRATION ITRAT YANDATE THAT TBE .
ION AND PAY APPLIQA® MAY AGREE UPON ONE (1) ARBITRATOR, BUT CANNOT AGREE, THERE SHALL BE THREE APPOINTED IN ACCORDANCE WITH THE APPLIGA IN THE EVENT THE APPLICABLE ARBITRATION ITRAT YANDATE THAT TBE .
CANNOT AGREE AS TO THE SELECTION OF S ARELLESIGR, THEN THERE SHALL BE THREE (3) NEUTRAL ARBITRA RS OINTED IN ACCORDANCE WITH THE APPLICABLE ARBITRA (2) ADDITIONAL ARBITRATIORS B THE APPLICABLE ARBITRATIQD ARBITRATORS SHALL BE ATTC a .
ED BY THE SELLER. UNLESS 7 MANDATE OTHERWISE, ALL LAW, LICENSED TO PRACTICE IN \ ANTIAL EXPERIENCE IN THE SINGLE FAMILY RESIDENTIAL QOS LION INDUSTRY. IF THERE IS ONLY ONE (1) N INS,SHALL BE BINDING AND CONCLUSIVE ON THE PARTIES. IF THERE ARK REE (3) ARBITRATORS, THE DECISION OF ANY TWO (2) SHAL ENB AND CONCLUSIVE. COSTS OF ARBITRATION SHALL BE ALLO EN OR AMONG THE PARTIES AS PROVIDED BY THE APPLICAB ITRATION RULES, OR IN THE ABSENCE OR OMMENCES LITIGATION IN VIOLATION OF THIS RF AILS OR REFUSES TO TIMELY SUBMIT TO ARBITRATION WITH THIS CONTRACT, SUCH PARTY SHALL REIMBURSE S: CURRED IN SEEKING A STAY, ABATEMENT OR DISMISSAL OF SUC PIGATION; OR (B) INCURRED IN JUDICIALLY COMPELLING ARBITRATION. THE FOREGOING DOES NOT PRECLUDE A PARTY FROM SEEKING EMERGENCY RELIEF FROM A COURT OF COMPETENT JURISDICTION AND THE PROSECUTION OF A REQUEST FOR EMERGENCY RELIEF WILL NOT BE DEEMED A WAIVER OF THE ARBITRATION PROVISIONS CONTAINED HEREIN.
7/2/2013 Declaration of Restrictive Covenants Page 3 of 6 Page 4 of 7 D. JOINDER: THE PARTIES AGREE THAT SELLER MAY JOIN IN ANY ARBITRATION PROCEEDING CONDUCTED HEREUNDER, ONE OR MORE OF SELLER’S SUBCONTRACTORS, SPECIALTY CONTRACTORS, MATERIAL SUPPLIERS, ENGINEERS, DESIGNERS AND/OR SUCH OTHER PERSONS OR ENTITIES (COLLECTIVELY WHETHER ONE OR MORE “THIRD-PARTY”)
EREUNDER, ONE OR MORE OF SELLER’S SUBCONTRACTORS, SPECIALTY CONTRACTORS, MATERIAL SUPPLIERS, ENGINEERS, DESIGNERS AND/OR SUCH OTHER PERSONS OR ENTITIES (COLLECTIVELY WHETHER ONE OR MORE “THIRD-PARTY”) WHERE: (A) THE SERVICES PROVIDED, WORK PERFORMED OR MATERIALS SUPPLIED BY SUCH THIRD-PARTY FORMS THE BASIS, DIRECTLY OR INDIRECTLY, IN WHOLE OR PART, OF THE CLAIMS MADE THE SUBJECT OF THE ARBITRATION PROCEEDING; (B) SUCH THIRD-PARTY IS SUBST.
INVOLVED IN A COMMON QUESTION OF FACT OR LAW; O PRESENCE OF SUCH THIRD-PARTY IS REQUIRED TO ACCORD COMPLETE RELIEF IN THE ARBITRATION.
E. FINANCIAL CAPACITY. HOLDER ACKNOWLE THAT IT HAS ADEQUATE FINANCIAL CAPACITY TO AV.
ARBITRATION REMEDIES PROVIDED HEREIN ARBITRATION WILL NOT CONSTITUTE A FINANC WAIVER OF JURY TRIAL: THE PARTIES AGRE of or relating, directly or indire dy. 4 Conti t, the sale, conveyance, construction or repair of the home which is the subjéc¢ af tis dct and/or the Property, Seller shall be entitled to “6, reasonable attorneys’ fees and other related costs and expenses. Seller shall bé ed a prevailing party in any proceeding in which Seller successfully prosecutesthe astida Or successfully defends against it, as well as in any proceeding subject in whole or 1 TEX. Bus. & n “ANN. § 17.41, ef seg. ("DTPA") and/or the Texas Residential Att, TEX. Prop. CODE ANN. § 27.001, ef seg. ("RCLA"), where a & 4) pursuant to DTPA Section 17.5052 that a settlement offer made is the the same as, or more than the damages found by the trier of fact; or (ii) Miscellaneous.
(a) Invalidity. If any portion of this Declaration is held invalid or inoperative, then so far as is reasonable and possible, the remainder of this Declaration shall be deemed valid and operative,
us.
(a) Invalidity. If any portion of this Declaration is held invalid or inoperative, then so far as is reasonable and possible, the remainder of this Declaration shall be deemed valid and operative, and effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure of either party to enforce against the other party any term or provision of this Declaration 7/2/2013 Declaration of Restrictive Covenants Page 4 of 6 Page 5 of 7 shall be deemed not to be a waiver of such party’s right to enforce against the other party the same or any other term or provision.
(b) Governing Law. This Declaration shall be governed by and construed in accordance with the laws of the State of Texas (except as to construction and enforcement of the foregoing arbitration provisions, which shall be governed by the laws of the United States).
(c) Counterparts. -This Declaration may be executed in multiple counterparts, gach of which shall constitute an original and all of which when taken together shall consti instrument.
and litigation expenses incurred in enforcing this Declaration.
(e) Recording. This Declaration shall be recorde each county in which the Property is located.
LTD., a Texas limited er 7 cGuyer Homebuilders, Inc., a Texas Title: Agent and Attorney in Fact ACCEPTED AND AGREED: Law's nnifer K/ Summers BUYER(S): 7/2/2013 Declaration of Restrictive Covenants Page 5 of 6 Page 6 of 7 STATE OF TEXAS Ln Mn COUNTY OF Tarrant § tore meon Vlarck 20 2015, , Agent and Attorney in Fact for McGuyer Homebuilders, Inc., a Texas corporation and general partner of MHI Partnership, Ltd., a Texas limited partnership, on behalf of said entities.
ny oc4m, SHAYNA LYNN MORELAND no Notary Public, State of Texas i. Nat My Commission Expires July 02, 2017
ral partner of MHI Partnership, Ltd., a Texas limited partnership, on behalf of said entities.
ny oc4m, SHAYNA LYNN MORELAND no Notary Public, State of Texas i. Nat My Commission Expires July 02, 2017 STATE OF TEXAS COUNTY OF TanantMcGuyer Homebuilders, Inc.
16980 North Dallas Pkwy. #100 Dallas, TX 75248 7/2/2013 Declaration of Restrictive Covenants Page 6 of 6 Page 7 of 7 EXHIBIT "A" LEGAL DESCRIPTION File No.: 01128-19689 Lot 5, in Block 37, of Fossil Hill Estates, an addition to the City of Fort Worth, Tarrant County, Texa according to the Map or Plat thereof recorded in/under Cabinet A, Slide 11577, Plat Records, Tar County, Texas.
IN onlfos SS EO File No.: 01128-19689 Exhibit A Legal Description Page 1 of 1