oszerzsocd Electronically Recorded = ‘2!rant County Texas Official Public Records 2008 Jun 25 09:43 AM Fee: $ 40.00 D208243750 Minhoze,) Submitter: LANDATA 7 Pages SNO ap INA13s]/PT 2a DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (hereinafter “Declar is made by MHI PARTNERSHIP, LTD. (hereinafter “Declarant”), a Texas limited partne.
as follows: RECITALS A. Property Address: 10524 Rising Knoll Lane Fort Worth, Tx 76131 (hereinafter “Property,” consisti improvements thereon).
B. Seller: MHI Partnership, LT (hereinafter “Seller’”).
Cc. Buyers(s): Shiquell Lucinda C (hereinafter catfScti * whether one or more).
D. Legal Description: hase 2, an addition orth, Tarrant County, Texas.
ot, block, subdivision, section and county).
E. Closing Date: F. On the Closin 9 e elléxSold and conveyed the Property to Buyer.
which Buyer purchased the Property from Seller (“Contract”) arbitration, jury waiver and attorney’s fee provisions which shall run akes this Declaration for the purpose of subjecting the Property to one or ftrictive covenants as more particularly described below. Buyer joins herein © evidence Buyer’s acceptance of the Property subject to this Declaration and Beer 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.
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
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 assigns (including any future owner or occupier of the Property), and the burdens and obligatjons of this Declaration shall be binding upon the parties and their respective successors and aksi8 (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 Prope 3, Term. Except as provided below, this Declary (15) years (the “Covenant Period”) commencing on thg Covenant Period, this Declaration shall automatically ‘expi expiration. In those instances, this Declaration sha the expiration of the Covenant Period wien appealable arbitration award or judgment. s B an affiliate of them becomes the holder eto the Property, this Declaration shall automatically terminate and be of yo fu 0. ffect as to Declarant, Seller, such affiliate, or the Property. & 4, REEMENT TO ARBITRATE. ANY CLAIM OR OF OR RELATING TO THE CONTRACT, THE RELATING DIRECTLY OR INDIRECTLY TO THE CONTROVERSY BREACH THERE SE, CONSTRUCTION OR REPAIR OF THE HOME AND HITCH ARE THE SUBJECT OF THE CONTRACT, AND/OR THE BING ANY AND ALL CLAIMS AGAINST SELLER AND/OR 4 LTS, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, kS} DEVELOPERS, SUBCONTRACTORS, MATERIALMEN, SUPPLIERS, PRERS OR OTHER THIRD PARTIES JOINED IN ACCORDANCE WITH AGRAPH 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
CORDANCE WITH AGRAPH 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 (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, YIN ACCORDANCE WITH THE BUILDER LIMITED WARRANTY (AS DEFINE CONTRACT).
BY THE AMERICAN ARBITRATION ASSOCIATION WITH ITS CONSTRUCTION INDUSTRY AR SUPPLEMENTED BY AAA SUPPLEMENTARY,PROCEK RELATED DISPUTES, WHERE APPLICABL EFF DEMAND FOR ARBITRATION IS FILED. A AST TRACK PROCEDURES SHALL APPLY ONLY UPON THE FUR ITEN CONSENT OF ALL PARTIES TO THE ARBITRATION PRQGEE D. GENERAL PROVISIO A REASONABLE TIME AFTER THE CONTROVERSY HAS A TY REQUESTING RELIEF SHALL FILE A WRITTEN DEMAND GOR TION AND PAY APPLICABLE FILING FEES. THE ARBITRAT 0 NG SHALL BE CONDUCTED IN THE OTHERWISE AGREED MAY AGREE UPON ONf 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
CTICE 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 DISMISSA SUCH LITIGATION; OR (B) INCURRED IN JUDICIALLY COMPEL} SEEKING EMERGENCY RELIEF FROM A COURT OF JURISDICTION AND THE PROSECUTION OF A REQUEST FOR A 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/ ENTITIES (COLLECTIVELY WHETHER WHERE: (A) THE SERVICES PROVIDED, WO “THIRD-PARTY”) RFORMED OR MATERIALS , BASIS, DIRECTLY OR INDIRECTLY, IN WHOLE OR PARTZOF Tiff’ 6LAIMS MADE THE SUBJECT OF THE ARBITRATION PROCEEDING; ( ( -PARTY IS SUBSTANTIALLY INVOLVED IN A COMMON QU FACT OR LAW; OR (C) THE PRESENCE OF SUCH THIRD UIRED TO ACCORD THE PARTIES COMPLETE RELIEF IN TH F. FINANCI THAT IT HAS ADEQ ARBITRATION REME HOLDER ACKNOWLEDGES AND AGREES TAL CAPACITY TO AVAIL ITSELF OF THE DED HEREIN AND THAT PARTICIPATION IN STITUTE A FINANCIAL HARDSHIP.
COMPLETE RELIEF IN TH F. FINANCI THAT IT HAS ADEQ ARBITRATION REME HOLDER ACKNOWLEDGES AND AGREES TAL CAPACITY TO AVAIL ITSELF OF THE DED HEREIN AND THAT PARTICIPATION IN STITUTE A FINANCIAL HARDSHIP.
RY TRIAL: THE PARTIES AGREE THAT IF ANY CLAIM OR CONTR TRIED IN A COURT OF LAW, WHETHER BY MUTUAL CONS RTIES OR FOR OTHER REASONS, EACH PARTY AGREES TO WAIVE WITH RESPECT TO TRIAL BY JURY. HOLDER ACKNOWLEDGES T IT BY WAIVES VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO TRI URT OF LAW AND THE RIGHT TO TRIAL BY JURY.
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. ("DIPA") and/or the Texas Residential Construction Liability Act, TEX. PRop. CODE ANN. § 27.001, ef 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
hat 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 defect pursuant to an accepted offer of settlement; or (iii) that the Holder rejected offered work.
7. Miscellaneous.
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 all-e instrument.
mainder 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, <7 , \N fC Hf wt Le By: Name: Title: Closin 9/01/07 Declaration of Restrictive Covenants Page 6 of 7 AFTER RECORDATION RETURN ORIGINAL TO: Ray Holan McGuyer Homebuilders, Inc.
7676 Woodway, Suite 104 Houston, Texas 77063 TARY PUR OND STATE OF TEXA JESSICA SANCHEZ Notary Public, State of Texa My Commission Expres 07/30/2011 Notary Public, State of Texas Unofficial Copy STATE OF TEXAS COUNTY OF Tarrant cos cos § This instrument was acknowledged before me on by the above signed "Buyer(s)".
le 2008 , by STATE OF TEXAS COUNTY OF want $$ § This instrument was acknowledged before me on Ken Gezella Junello 200원 Closing Agent of McGuyer Homebuilders, Inc., a Texas Corporation and general partner of MHI Partnership, Ltd., Texas limited partnership, on behalf of said entities.
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OTARY SON ASO ATE OF TEN
r Homebuilders, Inc., a Texas Corporation and general partner of MHI Partnership, Ltd., Texas limited partnership, on behalf of said entities.
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OTARY SON ASO ATE OF TEN NICOLE TIMM Notary Public, State of Texas My Commission Expires 01/09/2010 Notary Public, State of Texas Declaration of Restrictive Covenants Page 7 of 7 9/01/07