2vZLOL80zd Electronically Recorded = ‘2!ant County Texas Official Public Records 2008 Mar 24 09:18 AM Fee: $ 40.00 D2081 01 247 Ffigenma/ Minhoze,) Submitter: LANDATA 7 Pages Suzanne Henderson DECLARATION OF RESTRICTIVE COVE YHIS DECLARATION OF RESTRICTIVE COVENA is made by MHI PARTNERSHIP, LTD. (hereinafter “Declare as follows: : nafter “Declaration”’) ds limited partnership, RECITAL Fort Worth, “A. Property Address: 616 Worth, Dri chercinafter “Prog Sting of the real property and all B. Seller: G: Buyers(s): erd and Kristy J. Burton llectively, “Buyer” whether one or more).
dD. Legal Description: >, Block 32, of P 1 1, an addition ity of Fort Worth, Tarrant County, Texas.
clide applicable lot, block, subdivision, section and county).
E, Closing PB s os (hereinafter “Closing Date”’).
ing Datc, Seller sold and conveyed the Property to Buyer.
ract through which Buyer purchased the Property from Seller (“Contract”) certain arbitration, jury waiver and attorney’s fee provisions which shall run # 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.
9/01/07 Declaration of Restrictive Covenants Page 1 of 7 DECLARATION L. Recitals. The Recitals set forth above are incorporated herein as a substantive part of this Declaration.
Ze Successors and Assigns: Covenants Running with the Property. The benefits of
DECLARATION L. Recitals. The Recitals set forth above are incorporated herein as a substantive part of this Declaration.
Ze 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 (including any future owner or occupier of the Property), and shall be deemed to be that run with the Property. For purposes of this Declaration, the term “Holder” s Buyer, together with any holder of any legal or equitable interest in the Property the expiration of the Covenant Period unty/Yhe appealable arbitration award or judgment. the foregoing, if Declarant, Seller or an affiliate of them becomes the holder o the Property, this Declaration shall automatically terminate and be of yo fu ffect as to Declarant, Seller, such affiliate, or the Property. > 4, A EMENT_TO ARBITRATE, ANY CLAIM OR CONTROVERSY AR ¢ QOT OF OR RELATING TO THE CONTRACT, THE BREACH THEREQK RELATING DIRECTLY OR INDIRECTLY TO THE ASE, CONSTRUCTION OR REPAIR OF THE HOME AND ES} DEVELOPERS, SUBCONTRACTORS, MATERIALMEN, SUPPLIERS, FRERS OR OTHER THIRD PARTIES JOINED IN ACCORDANCE WITH A APH 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)
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 (1) ONE (1) OR MORE ALLEGED “CONSTRUCTION DEFECTS” (AS DEFINED BY THE ACT), (I) THE CLAIMANT(S) SEEKS ONLY THOSE REMEDIES APPLICABLE TO CONSTRUCTION DEFECTS AVAILABLE UNDER THE ACT, AND (I) THE CLAIMANT(S) ASSERTS NO OTHER CLAIMS AND SEEKS NO OTHER REMEDIES APART FROM (1) AND (ID, THEN THE ARBITRATION SHALL BE CONDUCTED AND ADMINISTERED, IN ACCORDANCE WITH THE BUILDER LIMITED WARRANTY (AS DEFINE CONTRACT).
C. ARBITRATION OF ALL OTHER DISPUTES. IN ALL JOINED WITH OTHER CLAIMS), THE ARBITRATIO BY THE AMERICAN ARBITRATION ASSOCIATIO WITH ITS CONSTRUCTION INDUSTRY AR SUPPLEMENTED BY AAA SUPPLEMENTARY, PROCK RELATED DISPUTES, WHERE APPLICABL EFF DEMAND FOR ARBITRATION IS FILED. AST TRACK PROCEDURES SHALL APPLY ONLY UPON THE FUR TTEN CONSENT OF ALL HN A REASONABLE TIME AFTER THE CONTROVERSY HAS 4 KRTY REQUESTING RELIEF SHALL MN: TION AND PAY APPLICABLE FILING FEES. THE ARBITRATYOD NG SHALL BE CONDUCTED IN THE FEDERAL JUDICIAL DIS'RR a a RE THE PROPERTY IS LOCATED, UNLESS OTHERWISE AGREED ’ mee ARTIES. IN ALL INSTANCES, THE PARTIES MAY AGREE UPON ot rE ANCE WITH THE APPLICABLE ARBITRATION RULES.
ICABLE ARBITRATION RULES MANDATE THAT THE 4 CABLE 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
INGLE 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 DISMISSAJ4, OF SUCH LITIGATION; OR (B) INCURRED IN JUDICIALLY COMPELKIN SEEKING EMERGENCY RELIEF FROM A COURT OF JURISDICTION AND THE PROSECUTION OF A REQUEST FORA RELIEF WILL NOT BE DEEMED A WAIVER OF THE ARBITRATIO CONTAINED HEREIN.
E. JOINDER: THE PARTIES AGREE THAT ARBITRATION PROCEEDING CONDUCTED HERE SELLER’S SUBCONTRACTORS, SPECIALTY C SUPPLIERS, ENGINEERS, DESIGNERS AND/QR § ENTITIES (COLLECTIVELY WHETHER OR “THIRD-PARTY”) WHERE: (A) THE SERVICES PROVIDED, WO RFORMED OR MATERIALS SUPPLIED BY SUCH THIRD-PARTY F BASIS, DIRECTLY OR INDIRECTLY, IN WHOLE OR PART(QF S MADE THE SUBJECT OF THE ARBITRATION PROCEEDING; ( INVOLVED IN A COMMON QU -PARTY IS SUBSTANTIALLY FACT OR LAW; OR (C) THE UIRED TO ACCORD THE PARTIES TRIED IN A COURT OF LAW, WHETHER BY MUTUAL RTIES OR FOR OTHER REASONS, EACH PARTY AGREES TO 6. Attorneys' Fees. If Seller is a prevailing party in any legal or arbitration
UIRED TO ACCORD THE PARTIES TRIED IN A COURT OF LAW, WHETHER BY MUTUAL RTIES OR FOR OTHER REASONS, EACH PARTY AGREES 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 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, ef seg.
("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 (11) 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 defect pursuant to an accepted offer of settlement; or (iii) that the Holder rejected offered work.
7, Miscellaneous.
inoperative. The failure of either party to enforce against the otér par’y dnytermrr provision of this Declaration shall be deemed not to be a waiver of such parfy’s rigl rce against the
iscellaneous.
inoperative. The failure of either party to enforce against the otér par’y dnytermrr provision of this Declaration shall be deemed not to be a waiver of such parfy’s rigl rce against the other party the same or any other term or provision.
(b) Governing Law. This Declaration (c) Counterparts. This DeclaratS% which shall constitute an original and al instrument.
(d) be entitled to recover from Holder, Holder’s successors, assigns and subfozating panies, Declarant’s reasonable and necessary attorney’s fees and litigation expenses inct : g this Declaration.
(e) S\Déelaration shall be recorded in the Real Property Records of each county in which { perty is located.
er 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 ACCEPT D AGREED: 9/01/07 Declaration of Restrictive Covenants Page 6 of 7 STATE OF TEXAS § COUNTY OF Bates (QIVUU LS his, in was ac ledged,begore;me on (0 , 20 > by Lé Vi oi A fib eva uid (ist u \Budihe Agent of McGuyer Homebuilders, Inc., a Texas corporation and general partner »f MHI Partnership, Ltd., a Texas limited partnership, on behalf of said entities.
} vd, T. BEESON 52 er ge Notary Public, State of Texas 34 22 My Commission Expires BRS t 5 eas 05/16/2009 : STATE OF TEXAS COUNTY OF i LULA § § § ZORDATION RIGINAL TO: Ray Holan McGuyer Homebuilders, Inc.
7676 Woodway, Suite 104 Houston, Texas 77063 9/01/07 Declaration of Restrictive Covenants Page 7 of 7