829679070 Electronically Recorded = ‘2!ant County Texas Official Public Records 2006 Sep 22 09:43 AM Fee: $ 36.00 Ffigenma/ Minhoze,) Submitter: LANDATA Suzanne Henderson D206296784 36.00 STN1/06902051/224/HT SR DECLARATION OF RESTRICTIVE VE NTS THIS DECLARATION OF RESTRICTIVE is made by MHI PARTNERSHIP, LTD. (hereinafter as follows: ENA einafter “Declaration” larant’’), a Texas limited partnership, A. Property Address: B. Buyers(s): Cc. Legal Descrip of FORT WORTH.
TARRANT Coun Texas.
clude applicable lot, block, subdivision, section and county).
Chereinafter ‘“‘Closing Date’’).
G. Declarant makes this Declaration for the purpose of subjecting the Property to one or more restrictive covenants as more particularly described below. Buyer joins herein to evidence Buyer’s acceptance of the Property subject to this Declaration and Buyer’s agreement to the terms and conditions hereof.
NOW, THEREFORE, Declarant hereby subjects the Property to certain covenants, conditions and restrictions as more particularly described below.
Page 1 of 6 DECLARATION Recitals. The Recitals set forth above are incorporated herein as a substantive part of this Declaration.
Arbitration. The Contract contains the arbitration provisions set forth in Exhibit A hereof, which are incorporated herein as a substantive part of this Declaration: Applicability. Buyer and Buyer’s successors and assigns, and any future owner or occupier of the Property, shall be bound by the terms and conditions of the arbit ion provisions set forth in Exhibit A and all references to “Buyer” in such g#i provisions shall ee equally to the Buyer(s) named herein, together wit (a) : ff the parties and their respective successors and assigns future owner or occupier of the
eferences to “Buyer” in such g#i provisions shall ee equally to the Buyer(s) named herein, together wit (a) : ff the parties and their respective successors and assigns future owner or occupier of the Property), and the burdens an igatiéns of this Declaration shall be binding upon the parties and yh¢ eclive successors and assigns (including any covenants that Pux{ Wit dperty.
(b) idi “3 tién of this Declaration is held invalid or inoperative, e portion held invalid or inoperative. The failure of either orce against the other party any term or provision of this atiefi shall be deemed not to be a waiver of such party’s right to enforce y the other party the same or any other term or provision.
Governing Law. This Declaration shail 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).
(d) Counterparts. This Declaration may be executed in multiple counterparts, each of which shall constitute an original and all of which when taken together shall constitute one instrument.
(e) Attorney’s Fees. Declarant shall be entitled to recover the from Buyer or any subsequent transferee of the Property, Declarant’s reasonable and necessary attorney’s fees and litigation expenses incurred in enforcing this Declaration.
Page 2 of 6 (f) Recording. This Declaration shall be recorded in the Real Property Records of each county in which the Property is located.
IN WITNESS WHEREOF, this Declaration of Restrictive Covenants has been executed to be effective as of the Closing Date stated above.
DECLARANT: MHI PARTNERSHIP, LTD., a Texas limited partnership by,
.
IN WITNESS WHEREOF, this Declaration of Restrictive Covenants has been executed to be effective as of the Closing Date stated above.
DECLARANT: MHI PARTNERSHIP, LTD., a Texas limited partnership by, McGuyer Homebuilders, Inc., a Texas its general partner By: Name: Title: STATE OF TEXAS é COUNTY OF TARRANT SO sy ini instrument was acknowledg me on , 20 OY by dsitfg Agent of Aa Am 20 Inc., a Partnership, Ltd., a Texas limited partnership, on Texas corporation and general behalf of said corporation.
Notary Public, State of Tex HEJREMAINDER OF THIS PAGE IS INTENTIANALLY LEFT BLANK Page 3 of 6 ACCEPTED AND AGREED: STATE OF TEXAS Lr Lh SP COUNTY OF TARRANT This instrument was acknowledged before me on by the above signed “Buyer(s)”.
oy, HALEY L. TURNER 23 My Commission Expir “94/11/2009 2 | a pe Or ae THES Ray Holan McGuyer Homebuilders, Inc.
7676 Woodway, Suite 104 Houston, Texas 77063 Page 4 of 6 25, DECLARATION OF RESTRICTIVE COVENANTS EXHIBIT A ARBITRATION: OR INDIRECTLY TO THIS CONTRACT, THE PURCHASE, CONSTRUCTION OR REPAJ REAL PROPERTY RECORDS OF THE COUNTY IN CONFIRMING THAT THE ARBITRATION PROVISIONS O PROVISIONS”) SHALL BE BINDING UPON BUYER, BU AND ANY FUTURE OWNER OR OCCUPIER OF YH SSORS AND ASSIGNS, A PERIOD OF FIFTEEN (15) YEARS FOLLOWING CLOSING (“COVENAN OD”). AT THE CONCLUSION OF THE COVENANT PERIOD, THE COVENANT SHALL4 ATICALLY EXPIRE AND BE OF NO FURTHER FORCE OR EFFECT, EXCEPT AS TQARBNRATION AND/OR LEGAL PROCEEDINGS WHICH ARE IN PROGRESS AT THE OF SIS TION. IN THOSE INSTANCES, THE pS TO THE PROCEEDINGS IN PROGRESS AL, NON-APPEALABLE ARBITRATION ARBITRATION PROVISIONS SHALL S UNTIL THEY ARE CONCLUDED BY AWARD OR JUDGMENT.
ACKNOWLEDGE THAT BY EXECUTING THIS GAL RIGHTS, INCLUDING THE RIGHT TO TRIAL TO TRIAL BY JURY.
, NON-APPEALABLE ARBITRATION ARBITRATION PROVISIONS SHALL S UNTIL THEY ARE CONCLUDED BY AWARD OR JUDGMENT.
ACKNOWLEDGE THAT BY EXECUTING THIS GAL RIGHTS, INCLUDING THE RIGHT TO TRIAL TO TRIAL BY JURY.
SN DEFECT DISPUTES: IF THE DISPUTE IS FOR ONLY (1) E ACT, AND (III) THE CLAIMANT(S) ASSERTS NO OTHER CLAIMS KR REMEDIES APART FROM (1) AND (I), THEN THE ARBITRATION KLJ/BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS CONSTRUCTION INDUSTRY ARBITRATION RULES (AS SUPPLEMENTED BY AAA SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED 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.
GENERAL PROVISIONS: WITHIN A REASONABLE TIME AFTER THE CONTROVERSY HAS ARISEN, THE PARTY REQUESTING RELIEF SHALL FILE A WRITTEN DEMAND FOR ARBITRATION AND PAY APPLICABLE FILING FEES. THE ARBITRATION PROCEEDING SHALL BE CONDUCTED IN THE FEDERAL JUDICIAL DISTRICT WHERE THE PROPERTY IS Page 5 of 6 LOCATED, UNLESS OTHERWISE AGREED BY THE PARTIES. IN ALL INSTANCES, THE PARTIES MAY AGREE UPON ONE (1) ARBITRATOR, BUT IN THE EVENT THE PARTIES CANNOT AGREE, THERE SHALL BE THREE (3) NEUTRAL ARBITRATORS APPOINTED IN ACCORDANCE WITH THE APPLICABLE ARBITRATION RULES. IN THE EVENT THE APPLICABLE ARBITRATION RULES MANDATE THAT THE DISPUTE SHALL BE SUBMITTED TO A SINGLE ARBITRATOR AND THE PARTIES CANNOT AGREE AS TO THE SELECTION OF SUCH ARBITRATOR, THEN THERE SHALL BE THREE (3) NEUTRAL ARBITRATORS APPOINTED IN ACCORDANCE WITH THE APPLICABLE ARBITRATION RULES, WITH THE COST OF THE TWO (2) ADDITIONAL ARBITRATIORS BEING ADVANCED BY SELLER.
UNLESS THE APPLICABLE ARBITRATION RULES MANDATE OTHERWISE, ALL
INTED IN ACCORDANCE WITH THE APPLICABLE ARBITRATION RULES, WITH THE COST OF THE TWO (2) ADDITIONAL ARBITRATIORS BEING ADVANCED BY SELLER.
UNLESS THE APPLICABLE ARBITRATION RULES MANDATE OTHERWISE, ALL ARBITRATORS SHALL BE ATTORNEYS AT LAW, LICENSED TO PRACTICE IN THE STATE OF INCLUDING ATTORNEY'S FEES: (A) INCURRED IN SH DISMISSAL OF SUCH LITIGATION; OR (B) INCURR ARBITRATION. THE FOREGOING DOES NOT PRECKUDE EMERGENCY RELIEF FROM A COURT O OMPETEA PROSECUTION OF A REQUEST FOR EMERGENC i WILL NOT BE DEEMED A WAIVER AY JOIN IN ANY ARBITRATION : Gre OF SELLER’S SUBCONTRACTORS, SPECIALTY CONTRACTORS, ce Eh yoke oF DESIGNERS AND/OR SUCH NX RZ PERFORMED OR MATERIALS SUPPLIED BY OF THE CLAIMS — ARBITRATION PROCEEDING; (B) SUCH THIRDPARTY IS SUBSTAN D IN A COMMON QUESTION OF FACT OR LAW; OR (C) THE PRESENCE OF $U& R ARTY IS REQUIRED TO ACCORD THE PARTIES COMPLETE RELIEF IN THE ARB/FRAY . FINANCIAL C ; R AND SELLER EACH REPRESENT THAT THEY HAVE ADEQUATE APACITY TO AVAIL THEMSELVES OF THE ARBITRATION REMEDIE EREIN AND THAT PARTICIPATION IN ARBITRATION WILL NOT CONSTI IAL HARDSHIP.
NTMAPROVAL: BUYER UNDERSTANDS AND AGREES THAT SELLER'S T'S APPROVAL AND ACCEPTANCE OF THIS CONTRACT PURSUANT TO PA PH 31 HEREOF IS CONDITIONED IN PART AND IN RELIANCE UPON BUYER'S CK LEDGMENT OF AND AGREEMENT WITH THE PROVISIONS OF THIS PARAGRAPH SURVIVAL: THE PROVISIONS OF THIS PARAGRAPH 25 SHALL SURVIVE THE CLOSING OF THIS TRANSACTION.
Page 6 of 6