9216206070 Electronically Recorded = ‘2!rant County Texas Official Public Records 2009 Mar 24 04:05 PM Fee: $ 40.00 D2090791 26 Ffigenma/ Mintcrne) Submitter: LANDATA 7 Pages DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (heremafter “Declar.
is made by MHI PARTNERSHIP, LTD. (hercinafter “Declarant’”), a Texas limited partne as follows: RECITALS A. Property Address: 617 WILDRIVER TRAIL FORT WORTH, TX. 76131 (hereinafter “Property,” consisti improvements thereon).
B. Seller: MHI Partnership, LTD (hereinafter “Seller’).
Cc. Buyers(s): . VICTOR M. NARY, GLORIA M. VELEZ SANCHEZ (hereinafter co } er’? whether one or more).
D. Legal Description: ough which Buyer purchased the Property from Seller (“Contract”) rtaix_ Arbitration, jury waiver and attorney’s fee provisions which shall run makes this Declaration for the purpose of subjecting the Property to one or strictive 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 i 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 assigns (including any future owner or occupier of the Property), and the burdens and obligavions
fits 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 obligavions (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” shg right of occupancy. BY ACCEPTANCE OF A DEED TO THE PROP PORTION THEREOF, OR BY OCCUPANCY OF THE PROPERTY the expikation of the Covenant Period unti appealable arbitration award or judgment. mthe foregoing, if Declarant, Seller or an affiliate of them becomes the holder Suh © ne Property, this Declaration shall automatically terminate and be of no Sued as to Declarant, Seller, such affiliate, or the Property. EX wtved by the entry of a final, non4.
A. SS TO ARBITRATE. ANY CLAIM OR CONTROVERSY ARB OF OR RELATING TO THE CONTRACT, THE BREACH THEREQGR, LATING DIRECTLY OR INDIRECTLY TO THE RCHASE, CONSTRUCTION OR REPAIR OF THE HOME AND ARE THE SUBJECT OF THE CONTRACT, AND/OR THE S, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, eVELOPERS, SUBCONTRACTORS, MATERIALMEN, SUPPLIERS, RS 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) (THE “ACT”). IF THE DISPUTE IS FOR ONLY (1) ONE (1) OR MORE ALLEGED
, 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), (II) THE CLAIMANT(S) SEEKS ONLY THOSE REMEDIES APPLICABLE TO CONSTRUCTION DEFECTS AVAILABLE UNDER THE ACT, AND (II) THE CLAIMANT(S) ASSERTS NO OTHER CLAIMS AND SEEKS NO OTHER REMEDIES APART FROM (I) AND (1), THEN THE ARBITRATION SHALL BE CONDUCTED AND ADMINISTERED YN ACCORDANCE WITH THE BUILDER LIMITED WARRANTY (AS DEFINE CONTRACT).
Cc. ARBITRATION OF ALL OTHER DISPUTES. IN ALL ARE NOT GOVERNED BY SUBPARAGRAPH 4.B ABOVE (INC JOINED WITH OTHER CLAIMS), THE ARBITRATION BY THE AMERICAN ARBITRATION ASSOCIATION, WITH ITS CONSTRUCTION INDUSTRY ARI SUPPLEMENTED BY AAA SUPPLEMENTARY, PROCK RELATED DISPUTES, WHERE APPLICABL EFF DEMAND FOR ARBITRATION IS FILED. A AST TRACK PROCEDURES SHALL APPLY ONLY UPON THE FURT TEN CONSENT OF ALL PARTIES TO THE ARBITRATION ERQSEE D. GENERAL PROVISION THE CONTROVERSY HAS ARISE FILE A WRITTEN DEMAND A REASONABLE TIME AFTER TY REQUESTING RELIEF SHALL TION AND PAY APPLICABLE FILING FEES. THE ARBITRATIOR G SHALL BE CONDUCTED IN THE FEDERAL JUDICIAL DXS A} RE THE PROPERTY IS LOCATED, UNLESS OTHERWISE AGREED\BYONUB PARTIES. IN ALL INSTANCES, THE PARTIES ANCE WITH THE APPLICABLE ARBITRATION RULES.
ICABLE ARBITRATION RULES MANDATE THAT THE BMITTED TO A SINGLE ARBITRATOR AND THE PARTIES O THE SELECTION OF SUCH ARBITRATOR, THEN THERE ‘AL ARBITRATIORS BEING ADVANCED BY THE SELLER. UNLESS A 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
NCED BY THE SELLER. UNLESS A 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 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 DISMISSAL,OF SUCH LITIGATION; OR (B) INCURRED IN JUDICIALLY COMPELS CONTAINED HEREIN.
DIN IN ANY MORE OF rORS, MATERIAL E. JOINDER: THE PARTIES AGREE THAT ARBITRATION PROCEEDING CONDUCTED HERE SELLER’S SUBCONTRACTORS, SPECIALTY CG SUPPLIERS, ENGINEERS, DESIGNERS AND/QR SU6 R PERSONS OR 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, T S MADE THE SUBJECT OF THE ARBITRATION PROCEEDING; ( -PARTY IS SUBSTANTIALLY INVOLVED IN A COMMON QUE ACT OR LAW; OR (C) THE PRESENCE OF SUCH THIRD-PAR IRED TO ACCORD THE PARTIES YWAIVES VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO RT OF LAW AND THE RIGHT TO TRIAL BY JURY.
LY INVOLVED IN A COMMON QUE ACT OR LAW; OR (C) THE PRESENCE OF SUCH THIRD-PAR IRED TO ACCORD THE PARTIES YWAIVES VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO RT 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. ("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 (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.
T: Miscellaneous.
inoperative. The failure of either party to enforce against the ot
y to repair the defect pursuant to an accepted offer of settlement; or (iii) that the Holder rejected offered work.
T: Miscellaneous.
inoperative. The failure of either party to enforce against the ot this Declaration shall be deemed not to be a waiver of such p other party the same or any other term or provision.
(c) Counterparts. This esters which shall constitute an original and all whén taken together shall constitute one instrument.
(d) Attorney’ Dcelare be entitled to recover from Holder, Holder’s successors, assigns and subrpége} Declarant’s reasonable and necessary attorney’s fees (e) Recording. is Medlaration shall be recorded in the Real Property Records of each county in which ¢ Prdye y 18 located.
9/01/07 Declaration of Restrictive Covenants Page 5 of 7 IN WITNESS WHEREOPF, 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 partn Ae A ACCEPT D AGREED: 9/01/07 Declaration of Restrictive Covenants Page 6 of 7 STATE OF TEXAS § § COUNTY OF Dallas § Bik his instrument was acknowledged before me on \ lain ZO TT) OF ; by bah ALU , Closing Agent of McGuyer Homebuilders, Inc., a Texas corporatién and general partner of MHI Partnership, Ltd., a Texas limited partnership, on behalf of said entities.
witty, JESSICA SANCHEZ Se Notary Public, State of Texas Les My Commission Expires “ ) EW ee SONG Y, Say BY 2 7 witty, ai ‘4 f f STATE OF TEXAS § @) < § county or larrant § This instrument was acknowledged before by the above signed “Buyer(s)”.
Notary Public, State My Commission E Ray Holan McGuyer Homebuilders, Inc.
7676 Woodway, Suite 104 Houston, Texas 77063 9/01/07
§ This instrument was acknowledged before by the above signed “Buyer(s)”.
Notary Public, State My Commission E Ray Holan McGuyer Homebuilders, Inc.
7676 Woodway, Suite 104 Houston, Texas 77063 9/01/07 Declaration of Restrictive Covenants Page 7 of 7