601S6€2070 Electronically Recorded = ‘2!ant County Texas Official Public Records 2007 Nov 05 01:56 PM Fee: $ 40.00 D2073951 09 Ffigenma/ Minhoze,) Submitter: LANDATA 7 Pages Suzanne Henderson DECLARATION OF RESTRICTIVE C + rp THIS DECLARATION OF RESTRICTIVE COVE is made by MHI PARTNERSHIP, LTD. (hereinafter “Decla as follows: inafter “Declaration’’) s limited partnership, RECITAL A. Property Address: 424 GOLDSTANE, es FORT WO Ss fA TN 1 (hereinafter “Prepex gisting of the real property and all B. Seller: Cc. Buyers(s): D. Legal Description: land.
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 solely 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 the covenants, conditions and restrictions more particularly described below.
3 9/01/07 Declaration of Restrictive Covenants Page 1 of 7 DECLARATION 1. Recitals. The Recitals set forth above are incorporated herein as a substantive part of this Declaration.
2. 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 that run with the Property. For purposes of this Declaration, the term “Holder” sh Buyer, together with any holder of any legal or equitable interest in the Propegt} Covenant Period, this Declaration shal! automatically ’s except as to arbitration and/or legal proceedings expiration. In those instances, this Declaration shalls
or equitable interest in the Propegt} Covenant Period, this Declaration shal! automatically ’s except as to arbitration and/or legal proceedings expiration. In those instances, this Declaration shalls the expiration of the Covenant Period un appealable arbitration award or judgment. N an affiliate of them becomes the holdep automatically terminate and be o or the Property.
4.
A. EMENT TO ARBITRATE. ANY CLAIM OR CONTROVERSY 4 OUT OF OR RELATING TO THE CONTRACT, THE BREACH THERE RELATING DIRECTLY OR INDIRECTLY TO THE DEVELOPERS, SUBCONTRACTORS, MATERIALMEN, SUPPLIERS, | RERS OR OTHER THIRD PARTIES JOINED IN ACCORDANCE WITH SUBPARAGRAPH 25.E OF 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.
9/01/07 Declaration of Restrictive Covenants Page 2 of 7 B. ARBITRATION OF CONSTRUCTION DEFECT DISPUTES. THE PROPERTY IS SUBJECT TO THE TEXAS RESIDENTIAL CONSTRUCTION COMMISSION ACT, TEX. PROP. CODE ANN. § 401.001, ET SEQ. (AS AMENDED) (THE “ACT”). IF THE DISPUTE IS FOR ONLY (J) ONE (1) OR MORE ALLEGED “CONSTRUCTION DEFECTS” (AS DEFINED BY THE ACT), (II) THE CLAIMANT(S) SEEKS ONLY THOSE REMEDIES APPLICABLE TO CONSTRUCTION DEFECTS AVAILABLE UNDER THE ACT, AND (IID) THE CLAIMANT(S) ASSERTS NO OTHER CLAIMS AND SEEKS NO OTHER REMEDIES APART FROM (1) AND (ID, THE ARBITRATION SHALL BE CONDUCTED AND ADMINISTERE C, ARBITRATION OF ALL OTHER DISPUTES. IN A ARE NOT GOVERNED BY SUBPARAGRAPH 4.B ABOVE (IN LIMITATION, ALL INSTANCES WHERE CONSTRUCTIOS WITH ITS CONSTRUCTION INDUSTRY AR SUPPLEMENTED BY AAA SUPPLEMENTARYWPROCEQD § FOR CONSUMER-
R DISPUTES. IN A ARE NOT GOVERNED BY SUBPARAGRAPH 4.B ABOVE (IN LIMITATION, ALL INSTANCES WHERE CONSTRUCTIOS WITH ITS CONSTRUCTION INDUSTRY AR SUPPLEMENTED BY AAA SUPPLEMENTARYWPROCEQD § FOR CONSUMERRELATED DISPUTES, WHERE APPLICABL EFFECT AT THE TIME THE DEMAND FOR ARBITRATION IS FILED. AST TRACK PROCEDURES SHALL APPLY ONLY UPON THE FU TTEN CONSENT OF ALL PARTIES TO THE ARBITRATION PR D. GENERAL PROVISIO A REASONABLE TIME AFTER RTY REQUESTING RELIEF SHALL TION AND PAY APPLICABLE FILING ING SHALL BE CONDUCTED IN THE RE THE PROPERTY IS LOCATED, UNLESS HE\NPARTIES. IN ALL INSTANCES, THE PARTIES RBITRATOR, BUT IN THE EVENT THE PARTIES ALL BE THREE (3) NEUTRAL ARBITRATORS ANCE WITH THE APPLICABLE ARBITRATION RULES.
FILE A WRITTEN DEMA FEES. THE ARBITRA FEDERAL JUDICIAL BI§AE THE PLICABLE ARBITRATION RULES MANDATE OTHERWISE, ALL ARBITRATORS SHALL BE ATTORNEYS AT LAW, LICENSED TO PRACTICE IN THE STATE OF TEXAS, WITH SUBSTANTIAL EXPERIENCE IN THE SINGLE FAMILY RESIDENTIAL CONSTRUCTION INDUSTRY. IF THERE IS ONLY ONE (1) ARBITRATOR, HIS CONCLUSIONS SHALL BE BINDING AND CONCLUSIVE ON THE PARTIES. IF THERE ARE THREE (3) ARBITRATORS, THE DECISION OF ANY TWO (2) SHALL BE BINDING AND CONCLUSIVE. COSTS OF ARBITRATION 9/01/07 Declaration of Restrictive Covenants Page 3 of 7 SHALL BE ALLOCATED BETWEEN OR AMONG THE PARTIES AS PROVIDED BY THE APPLICABLE ARBITRATION RULES, OR IN THE ABSENCE OR INAPPLICABILITY OF SUCH RULES, AS DETERMINED BY THE ARBITRATOR(S).
IF ANY PARTY COMMENCES LITIGATION IN VIOLATION OF THIS DECLARATION, OR FAILS OR REFUSES TO TIMELY SUBMIT TO ARBITRATION IN ACCORDANCE WITH THIS CONTRACT, SUCH PARTY SHALL REIMBURSE THE OTHER PARTY FOR THE COSTS AND EXPENSES, INCLUDING ATTORNEY'S FEES: (A) INCURRED IN SEEKING A STAY, ABATEMENT OR DISMISS OF
ARBITRATION IN ACCORDANCE WITH THIS CONTRACT, SUCH PARTY SHALL REIMBURSE THE OTHER PARTY FOR THE COSTS AND EXPENSES, INCLUDING ATTORNEY'S FEES: (A) INCURRED IN SEEKING A STAY, ABATEMENT OR DISMISS OF SUCH LITIGATION; OR (B) INCURRED IN JUDICIALLY COMPELKING ARBITRATION. THE FOREGOING DOES NOT PRECLUDE A PAR SEEKING EMERGENCY RELIEF FROM A COURT OF JURISDICTION AND THE PROSECUTION OF A REQUEST FO N RELIEF WILL NOT BE DEEMED A WAIVER OF THE ARBITRAT IONS CONTAINED HEREIN.
E. JOINDER: THE PARTIES AGREE THA E OIN IN ANY ARBITRATION PROCEEDING CONDUCTED HEREUNDER, E OR MORE OF SELLER’S SUBCONTRACTORS, SPECIALTY C RA RS, MATERIAL SUPPLIERS, ENGINEERS, DESIGNERS AND/QR S ER PERSONS OR ENTITIES (COLLECTIVELY WHETHER O} OR MORE “THIRD-PARTY”) WHERE: (A) THE SERVICES PROVIDED, PERFORMED OR MATERIALS FACT OR LAW; OR (C) THE UIRED TO ACCORD THE PARTIES COMPLETE RELIEF IN T N F. KIL RY HOLDER ACKNOWLEDGES AND AGREES THAT IT HAS ADEQUATE AL CAPACITY TO AVAIL ITSELF OF THE ARBITRATION REMEDIBS RROVIDED HEREIN AND THAT PARTICIPATION IN ARBITRATION { CONSTITUTE A FINANCIAL HARDSHIP.
R URY TRIAL: THE PARTIES AGREE THAT IF ANY CLAIM S TRIED IN A COURT OF LAW, WHETHER BY MUTUAL IPS WITH RESPECT TO TRIAL BY JURY. HOLDER ACKNOWLEDGES BY WAIVES VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO 6. Attorneys' Fees. If Seller is a prevailing party in any legal or arbitration proceeding arising out of or relating, directly or indirectly, to the Contract, the sale, conveyance, construction or repair of the home which is the subject of this Contract and/or the Property, Seller shall be entitled to recover from Holder, Holder’s successors, assigns and subrogating parties, all costs of such proceeding, investigative costs, expert fees, reasonable attorneys’ fees
perty, Seller shall be entitled to recover from Holder, Holder’s successors, assigns and subrogating parties, all costs of such proceeding, investigative costs, expert fees, reasonable attorneys’ fees and other related costs and expenses. Seller shall be considered a prevailing party in any 9/01/07 Declaration of Restrictive Covenants Page 4 of 7 proceeding in which Seller successfully prosecutes the action or successfully defends against it, as well as in any proceeding subject in whole or in part to the Texas Deceptive Trade Practices-Consumer Protection Act, TEX. BUS. & COMM. CODE ANN. § 17.41, et seg. ("DTPA") and/or the Texas Residential Construction Liability Act, TEX. PROP. CODE ANN. § 27.001, et seq.
("RCLA"), where a determination is made: (i) pursuant to DTPA Section 17.5052 that a settlement offer made is the same as, substantially the same as, or more than the damages found by the trier of fact; or (ii) pursuant to RCLA Section 27.004 that the Buyer rejected a reasonable settlement offer or that Seller was not given a reasonable opportunity to repair the d&fect pursuant to an accepted offer of settlement; or (iii) that the Holder rejected offered wor 7. Miscellaneous.
(a) Invalidity. If any portion of this Declaration is held invalid ora far as is reasonable and possible, the remainder of this Declaration sha operative, and effect shall be given to the intent manifested } : y fer or provision of to enforce against the other party the same or any other term or provision.
(b) Governing Law. This Declaration (c) Counterparts. This Declaratio which shall constitute an original and instrument.
(d) sll be entitled to recover from Holder, Holder’s successors, assigns and sulf Kot ies? Declarant’s reasonable and necessary attorney’s fees
ratio which shall constitute an original and instrument.
(d) sll be entitled to recover from Holder, Holder’s successors, assigns and sulf Kot ies? Declarant’s reasonable and necessary attorney’s fees and litigation expenses incy i Orcing this Declaration.
(e) claration shall be recorded in the Real Property Records of sinder of page blank. Executions appear on the following page.)
9/01/07 Declaration of Restrictive Covenants Page 5 of 7 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 corporation, its general partner ACCE D AGREED: 9/01/07 Declaration of Restrictive Covenants Page 6 of 7 STATE OF TEXAS § § COUNTY OF Dallas § This instrument was acknowledged before me on d 20077, by “VRAASH Rory DA , Closing Agent of McGuyer Homebuilders, Inc., a Texas corporation and general partner of MHI Partnership, Ltd., a Texas limited partnership, on behalf of said entities.
iit Ley ba aay i ss ty OF VAS Carin STATE OF TEXAS § COUNTY or \aadonk— § eke, \ HALEY L. TURNER ig: pl Public, State of Texas | _24/11/2009 This instrument was acknowledged before Mery by the above signed “Buyer(s)”.
8 ait!
ss A RDATION RETU GINAL TO: Ray Holan McGuyer Homebuilders, Inc.
7676 Woodway, Suite 104 Houston, Texas 77063 9/01/07 Declaration of Restrictive Covenants Page 7 of 7