Electronically Recorded = ‘arant County Texas Official Public Records 2008 Jun 25 10:05 AM Fee: $ 36.00 D208243787 a Mien lee,) Submitter: LANDATA 6 Pages Suzanne Henderson RESTRICTIVE COVENANT = eae MENT Toke pies ie A ae 5 i ive semen is made this (a Me ecu Aa0t aay Lifestvies, L.P. of 6815 Manhattan Bivd.. Suite 400, Fort W. Texas 76126 (hereinafter_referred to as “Builder”).
RECITALS WHEREAS, Owner thi current wher of_ the following described property situated at 10432 Evening Drew) eb EL NNovth Le fs J (the “Property”), and more particularly described as follows: tot Uy, Biock LL, Fassil itl ‘ADDITION, an Addition to the City of ti cr at chat and being locally known as. 2p = in oi 0 LX 7GUS (5 and ‘WHEREAS, Owner purchased the Property and Improvements (hereinafier defined) from Builér, and hereby acknowledge, agree and stipulate he following: or claim arising ‘by virtue “of any ” representations; ‘omissions, promises or wa representative; and (c) any personal injury or property damage aia to have 5 iati 7 i 3 itted to binding arbitration as provided by the of by or in a court of law. All decisions respecting ¢ the right to award reasonable attomcys’ fees and Federal Arbitration Act (9 U_S.C. §§ 1 et seq.) or, if applicabie, by si the arbitrability of any Dispute shall be decided by the arbi expenses, including those incurred in mediation und arbitration.
any procedures set forth in the applicable waranty documents, ghilict between this Agreement and such procedures, the
aranty documents, ghilict between this Agreement and such procedures, the cannot conduct the mediation or-arbitration for any yea p/thY mpd a arbitration shall be conducted by the Americar Arbitration Association (“AAA”) in accordance with its appli ogol epson, the AAA is unable or unwilling to conduct the mediation and/or binding arbitration proceedings specified above ARimpg g 9 worl together in good faith to select a mediator and, if all disputes are not tesolved by mediation, an arbitrator in the couy perty is located. If the parties are unable to agree on the appointment of a mediator and/or arbitrator, either party ma N g general jurisdiction in the subject county to appoint a mediator and/or arbitrator.
right to enforce binding arbitration.
In any arbitration proceeding kéty 5 a All epplicable Fede: af and {including Chapter 27 of the Texas Property Code) shall apply; aud action, remedies and defenses that would be available in court shall apply; ed by a single arbitrator selected by 2 process designed to ensure the neutrality of the eYidered in the proceeding shall be final and baaniay and judgment upon any seh award may be entered in paving jurisdiction. : “heres that notwithstanding anything to the contrary, the rights and obligations set forth in this Agreement shall sale of the Property and/or Improvements from Builder to Owner. The waiver or invalidity of any portion of this the validity or enforceability of the remaining portions of this Agreement. Owner and Builder further agree-(1} that RESTRICTIVE COVENANT AND AGREEMENT — PAGE 1 of 4
invalidity of any portion of this the validity or enforceability of the remaining portions of this Agreement. Owner and Builder further agree-(1} that RESTRICTIVE COVENANT AND AGREEMENT — PAGE 1 of 4 any Dispuis-invoiving Builder's directors, officers, employees-and agents shall be resolved-as-set forth-herein and not in a court of law; and (2) that Builder chall have the option to include its subcontractors.and sipplierseeparties in the mediation and arbitration— # Owner or Builder fiiea proceeding in any courtto resolve any such controversy, dispute or claim,-sush.action.shall not constitute 2 waiverof the right of such party or « bar‘to the right of any other party to seek arbitration of that or any other claim, dispute or controversy, and Inasmuch as this Agreement provides for mandatory arbitration of Disputes, if any party commences litigation in violation of this Agreement, such party shall reimburse the other parties to the litigation for their costs and expenses including attomeys’ fees incurred in seeking abatement of such litigation and enforcement of arbitration, 2, OWNER AND BUILDER-ACKNOWLEDGE THAT THE RESIDENTIAL CONSTRUCTION LIABILITY ACT (the “RCLA”) APPLIES TO CONSTRUCTION DEFECTS AND ANY DISPUTES OR CLAIMS REGARDING CONSTRUCTION DEFECTS IN CONNECTION WITH THE-IMPROVEMENTS. OWNER AND BUILDER UNDERSTAND THAT THE RCLA CONTAINS PROVISIONS TO EXPEDITE THE RESOLUTION OF CLAIMS. OWNER AND BUILDER ALSO ACKNOWLEDGE AND AGREE THAT A REQUEST FOR WARRANTY PERFORMANCE SHALL NOT BE CONSTRUED AS A NOTICE OF CONSTRUCTION DEFECT UNDER THE RCLA,
ONS TO EXPEDITE THE RESOLUTION OF CLAIMS. OWNER AND BUILDER ALSO ACKNOWLEDGE AND AGREE THAT A REQUEST FOR WARRANTY PERFORMANCE SHALL NOT BE CONSTRUED AS A NOTICE OF CONSTRUCTION DEFECT UNDER THE RCLA, AND THAT ANY NOTICE UNDER THE RCLA SHALL BE SEPARATELY SENT TO BUILDER IN THE MANNER REQUIRED BY THE RCLA. OWNER AND BUILDER ACKNOWLEDGE THAT THE RCLA CONTROLS TO THE EXTENT OF ANY ‘CONFLICT BETWEEN THE RCLA AND ANY OTHER LAW, INCLUDING THE DECEPTIVE TRADE PRACTICES - CONSUMER PROTECTION ACT, SUBCHAPTER E, CHAPTER 17, TEXAS BUSINESS & COMMERCE CODE (the “DTPA”), AS PROVIDED BY THE RCLA AND THE DTPA. .
3. OWNER, BY SIGNING THIS AGREEMENT, ACKNOWLEDGES THAT HE/SHE/THEY HAS/HAVE R UNDERSTANDS THE PROVISIONS CONTAINED HEREIN.
4. Owner hereby agrees, acknowledges and stipulates that THE ONLY EXPRESS WARRANTY GIVEN B OWNER RELATING TO THE PROPERTY AND/OR IMPROVEMENTS IS THAT EXPRESS WRITTEN LIMITED PROVIDED BY BUILDER (the “Limited Warranty”). OWNER AGREES AND UNDERSTANDS THAT BY SIGNI THEY ARE WAIVING ANY CLAIM OR CAUSE OF ACFION UNDER ANY THEORY OF IMPLIED W.
AGREEMENT. OWNER ACKNOWLEDGES THAT THE-TERMS OF SUCH LIMITED WARRA SUFFICIENTLY DETAILED TO ESTABLISH THE ONLY STANDARDS ee CONSTRUCTION WE 5. In the event that the reasonable cost of repair necessary to repair a Improvements that are the responsibility of Builder exceeds 30% of the then current ial Property from Builder to Owner and shall be binding on Owner’s successors amd anufacturer warranties on equipment and consumer 6 Owner and Builder hereby agree, Beknowleds and stipi fa eaters, refrigerators, ranges, dishwashers and other DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTAR OTHER WARRANTIES TO THE FULLEST EXTENT 7. Builder has exercised reason: Property and improvements are free of harmful molds and other
shwashers and other DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTAR OTHER WARRANTIES TO THE FULLEST EXTENT 7. Builder has exercised reason: Property and improvements are free of harmful molds and other undesirabje organisms, howéver, even utilizipg 8 a es and designs, any construction project can experience a problem with molds and other biological impurities girtk pfocedures are not implemented. Such maintenance is a responsibility of be well as many other household goods, could already contain mold growth. Once mold is bres can spread to other areas of the home, aigd cl¥aning will help reduce moid levels. Mild bleach solutions and most tile cleaners are effective gnting mold growth.
ig’ the-home low. Ventilate kitchens and bathrooms by opening the windows, using exhaust fans, or ecfiditioning-to remove excess moisture in the air. Promptly clean up and dry spills, condensation and as. of mcisture. Promptly replace any materials that cannot be thorcugtily dried, such as drywall or insulation.
Weaks ona regular basis. Look for discolorations or wet spots. Repair any leaks Promptly. Inspect ion pans (reftigeratorsand-air conditioners)-for mold growth. Take notice of musty odors, and any visibie signs RESTRICTIVE COVENANT AND AGREEMENT — PAGE 2 of 4 e. Should moid develop, thoroughly clean the affected area with-a-taild solution of bleac!
material-or-surface is color safe. Porous materials, such as fabric, upholstery-orcar mold growiirbe severe, call on he services of a qualified professional.
f Elsctronic-air filters that may assist in effective air filtration-and dehumidifiers to maintain humidity levels are available at additional cost from numerous-vendors_ .—First,test to-see if the afiected -should-be-discanded. Showidthe i"
in effective air filtration-and dehumidifiers to maintain humidity levels are available at additional cost from numerous-vendors_ .—First,test to-see if the afiected -should-be-discanded. Showidthe i" Whether or not a home experiences mold growth depends largely on how it is maintained. The Builder has not made, created or invited (nor.
does it intend to make, create or invite) amy warranty or any other expectancy, either express or implied, in regard to any mold or other-biclogical impurities, The Owner understands and agrees that the Buiideris not responsible, and hereby disclaims any lability for, any damages (whether actual, special, incidental or consequential)-or for any injury; iliness or allergic reactions_(including, but not limited to, any personal injury) which the Owner, or the Owner’s family members or invitees may experience as a result of mold, mildew, fungus, spores, chemicals or biological impurities, including, but not limited to, property damage, personal injury, loss of income, emotional distress, death, loss of use, loss of value, and adverse health effects, or any other effects. For Fifty Dollars ($50.00) and other good and valuable consideration, the receipt and sufficiency of which is nereby acknowledged, Owner (for themselves and for their joint and several agents, heirs, successors, executors, subrogees, atiorneys and assigns) hereby releases Buiider and all of its officers, shareholders, directors, employees, agents, affiliates, and insurers (coliectively, the but not limited to, any claim for personal injury, whether resulting from the negligence of a Releases or otherwise) that arises out of or in any
on and damages, of whatever kind or nature {inchiding, but not limited to, any claim for personal injury, whether resulting from the negligence of a Releases or otherwise) that arises out of or in any ‘way relates to the presence of mold, chemicals or biological impurities at the Property. To the maximum extent allowed by law, Owner hereby waives (and is estopped to assert) afl claims to the contrary.
subrogation of any such claims, 8 Owner and Builder agree that this Agreement shall be filed of record in the appropriate real prope which the Property is located, 9. Owner and Builder-farther stipulate that this Agreement SHALL RUN WITH THE 10. By -sxecution of this Agreement, (i) Owner acknowledges that the Improverpan contract between Owner and Builder or that any discrepancies or differences have been. aff accepted the-Froperty and Improvements and hereby releases Builder from ail claims a except for Builder's obligations arising under the express Linited Warranty.
11, Owner and Builder agree, acknowledge and stipulate that, excep upon and inure to the benefit of the parties hereto and their respective fe successors and assigns.
t as otherv BUILDER: HMB Lifestyles, L.P.
By Printed Name: Its: Address: 6815 Manhattan Blvd., Suite 400 Fort Worth, TX 76120 RESTRICTIVE COVENANT AND AGREEMENT — PAGE 3 of 4 és Should moid develop, thoroughly clean the affected’ area with-s-mild solution of bleach —First,test to-see if the affected matstiai-or-serizee is color safe. Porous materials, such as fabric, _upholstrry-cxcatpet-should-be-discarded.. Showicrtie: mold growiirbe severe, call on he services of 2 qualified professional.
t Electronic-air filters that may assist in eflective air filtretion-and dehumidifiers to maintain humidity levels are available at
d growiirbe severe, call on he services of 2 qualified professional.
t Electronic-air filters that may assist in eflective air filtretion-and dehumidifiers to maintain humidity levels are available at additional cost from numerous-vendors.
‘Whether or not a home experiences mold growth depends largely on how it is mamtained. The Builder has not made, created or invited (nor— does it intend to make, create or invite) any warrenty or any other expectancy, either express or implied, in regard to any mold or other-biological impurities. ‘The Owner-understands and agrees that the Buiideris not responsible, and hereby disclaims any Uabitity for, any damages (whether actual, special, incidental or consequential)-cr for any injury; Hiness or allergic reactions-Gnelading, but not fimited to, any personal injury) which the Gwner, or the Owner’s family members or invitees may experience as a result of mold, mildew, fungus, spores, chemicals or biological impurities, including, but not limited to, property damage, personal injury, loss of income, emotional distress, death, loss of use, loss of value, and adverse health effects, or any other effects. For Fifty Dollars ($50.00) and other good and vatuable consideration, the reccipt and sufficiency of which is hereby acknowledged, Owner (for themselves and for their joint and several agents, heirs, successors, executors, subrogees, attorneys and assigns) hereby releases Builder and all of its officers, sharcholders, directors, employees, agents, affiliates, and insurers (coliestivety, the “Releasees”) of. and from ary_and all present and future claims, demands, causes of action and damages, of whatever kind or nature (including,
yees, agents, affiliates, and insurers (coliestivety, the “Releasees”) of. and from ary_and all present and future claims, demands, causes of action and damages, of whatever kind or nature (including, but not limited to, any claim for personal injury, whether resultmg from the negligence of a Releasee or otherwise) that arises out of or in any Way relates to the presence of mold, chemicals or biological impurities at the Property. To the maximum extent allowed by law, Owner hereby Owner hereby further releases, on ochalf of themselves and on behalf of any insurance carrier or third-party with which Owner 4 Builder from any claim-for subrogation. Owner understands that if it makes 2 claim upon any insurance policy or thirdparty for daptages to mold, chemicals or biological impurities, such insurer or third-party will not be able t pursue reimbursement or damages Owner agrees to not assign any of their rights to any insurer or third party. Owner agrees to obtain from any and all js subrogation of any suck claims.
8. Owner and Builder agree that this Agreement shall be filed of record in the appropriate real property re which the Property is located, 9, Ovmer and Builder farther stipulate tirat this Agreement SHALL RUN WITH THE EAND.
0. By-execution of this Agreement, (1) Owner acknowledges that the improvenpénts be contract between Owner and Builder or that any discrepancies or differences have been apgroyéd and accoyi accepted the-Froperty and Improvements and hereby refeases Builder from all claims and jabiities relat except for Builder's obligations arising under the express Linited Warranty.
11. Owner and Builder agree, acknowledge and stipulate that, ex Me, otherwi:
es Builder from all claims and jabiities relat except for Builder's obligations arising under the express Linited Warranty.
11. Owner and Builder agree, acknowledge and stipulate that, ex Me, otherwi: upon and inure to the benefit of the parties hereto and their respective het successors and assigns.
BUILDER: fe LP.
Janet Lewis Assistant Secretary Address: 6815 Manhattan Blvd, Suite 400 Fort Worth, TX 76120 RE iE COVENANT AND AGREEMENT — PAGE 3 of 4 STATE OF TEXAS § ‘CGUNTY OF latrant : ma aw 5 wit, JESSICA SANCHEZ ze Notary Pubiic, Stats of Texe.
ayeeNe, mi My Commission Expires 07/30/2071 ta A IRE EY 5 iy STATE OF TEXAS § COUNTY OF (oyra mt i This instrument was acknowledged before me on the Le tindy Mayes wi, roar, } Shy i, JESSICA SANCHEZ Otary Public, State of Texas My Commission Expires ( ' 07/30/2014 THE STATE OF TEXAS el § COUNTY OF § This instrument was acknowledged before day of » 20 by © Notary Public, State of Texas Personalized Notary Seal AFTER RECORDING, RETURN Tp : History Maker Homes, LLC 6815 Manhattan Blvd., Suite 400 Fort Worth, TX 76120.
SS RESTRICT! OVENANT AND AGREEMENT - PAGE 4 of 4 STATE OF TEXAS -COUNTY OF Tarrant This instrument was acknowledged before me on Toke Mayes (Owner).
BY P Personalized ar STATE OF T JESSICA SANCHEZ Notary Public, State of Texas My Commission Expires 07/30/2011 the 23rd day of June 2008 by Notary Public State of Texas STATE OF TEXAS COUNTY OF Tarrant 5 5 This instrument was acknowledged before me on the Sandy maye wner).
Personalized Notary Ses CARY PUB Notary Public. State of Texas JESSICA SANCHEZ FATE OF TEX My Commission Expires 07/30/2011 23d or Jun day of Notary Public State of Texas THE STATE OF TEXAS COUNTY OF Jo Flarrant
d Notary Ses CARY PUB Notary Public. State of Texas JESSICA SANCHEZ FATE OF TEX My Commission Expires 07/30/2011 23d or Jun day of Notary Public State of Texas THE STATE OF TEXAS COUNTY OF Jo Flarrant This instrument was acknowledged before me on the [name] ast Slees day of June 2008 by [title] of HMH Lifestyles, L.P., on on behalf of said entity.
Stacey Beel Notary Public, State of Texas Unofficial Copy Personalized Notary Seal AFTER RECORDING, RETURN TO: History Maker Homes, LLC 6815 Manhattan Blvd., Suite 400 Fort Worth, TX 76120 RESTRICTIVE COVENANT AND AGREEMENT - PAGE 4 of 4 STACEY BELL MY COMMISSION EXPIRES February 14, 2010