Page 1 of 7 Electronically Recorded Tarrant County Texas Official Public Records 12/29/2009 10:23 AM D209335824 DO ee .
ses PGS 7 $40.00 Suzanne Henderson * Submitter. LANDATA STINT | 1041108] JS! 224 DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (hereinafter “Declafetion’”) is made by MHI PARTNERSHIP, LTD. (hereinafter “Declarant’’), a Texas limited ship, as follows: RECITALS A. Property Address: 429 GOLDSTONE LANE FORT WORTH, TX. 76131 (hereinafter “Property,” consis, improvements thereon).
B. Seller: MHI Partnership, L (hereinafter “Seller”).
OF Buyers(s): RYAN RANDAL (hereinafter, D. Legal Description: a akes this Declaration for the purpose of subjecting the Property to one or Jestrictive covenants as more particularly described below. Buyer joins herein y¥ to evidence Buyer’s acceptance of the Property subject to this Declaration and er’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 Page 2 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 assigns (including any future owner or occupier of the Property), and the burdens and obligations of this Declaration shall be binding upon the parties and their respective successors an ag (including any future owner or occupier of the Property), and shall be deemed to Je that run with the Property. For purposes of this Declaration, the term “Holder” skal
eir respective successors an ag (including any future owner or occupier of the Property), and shall be deemed to Je that run with the Property. For purposes of this Declaration, the term “Holder” skal Buyer, together with any holder of any legal or equitable interest in the Propgtty ire and~be-Of no further force or effect, are in progress at the time of its s to the proceedings in progress at Covenant Period, this Declaration shall automatica except as to arbitration and/or legal proceedings the expiration of the Covenant Period ] the appealable arbitration award or judgment. “WO eral i#é to the Property, this Declaration shall automatically terminate and be of no e gr effect as to Declarant, Seller, such affiliate, or the Property.
4, CONTROVERSY A BREACH THE RY RELATING DIRECTLY OR INDIRECTLY TO THE ASE, CONSTRUCTION OR REPAIR OF THE HOME AND CH ARE THE SUBJECT OF THE CONTRACT, AND/OR THE BDING ANY AND ALL CLAIMS AGAINST SELLER AND/OR TS, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, DEVELOPERS, SUBCONTRACTORS, MATERIALMEN, SUPPLIERS, URERS OR OTHER THIRD PARTIES JOINED IN ACCORDANCE WITH RAPH 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 Page 3 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), (1) THE CLAIMANT(S)
ISSION 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), (1) THE CLAIMANT(S) SEEKS ONLY THOSE REMEDIES APPLICABLE TO CONSTRUCTION DEFECTS AVAILABLE UNDER THE ACT, AND (If) THE CLAIMANT(S) ASSERTS NO OTHER CLAIMS AND SEEKS NO OTHER REMEDIES APART FROM (1) AND (1),,.THEN THE ARBITRATION SHALL BE CONDUCTED AND ADMINISTE IN ACCORDANCE WITH THE BUILDER LIMITED WARRANTY (AS DEFI HE CONTRACT).
JOINED WITH OTHER CLAIMS), THE ARBITRATI Ww ACCORDANCE BY THE AMERICAN ARBITRATION ASSOCIATI (“ WITH ITS CONSTRUCTION INDUSTRY IT ON RULES (AS SUPPLEMENTED BY AAA SUPPLEMENTARY PR S FOR CONSUMERRELATED DISPUTES, WHERE APPLICAB LE AT THE TIME THE DEMAND FOR ARBITRATION IS FILED. MM FAST TRACK PROCEDURES SHALL APPLY ONLY UPON THE a a= TTEN CONSENT OF ALL PARTIES TO THE ARBITRATION PROC f a PARTIES. IN ALL INSTANCES, THE PARTIES BITRATOR, BUT IN THE EVENT THE PARTIES A REASONABLE TIME AFTER ARTY REQUESTING RELIEF SHALL D. GENERAL FROVISIO) .
+ NAL ARBITRATIORS BEING ADVANCED BY THE SELLER. UNLESS TH ICABLE 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 Page 4 of 7 SHALL BE ALLOCATED BETWEEN OR AMONG THE PARTIES AS PROVIDED BY THE APPLICABLE ARBITRATION RULES, OR IN THE ABSENCE OR
F ARBITRATION 9/01/07 Declaration of Restrictive Covenants Page 3 of 7 Page 4 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 ARBITRATION. THE FOREGOING DOES NOT PRECLUDE A PA SEEKING EMERGENCY RELIEF FROM A _ COURT OF CONTAINED HEREIN.
E. JOINDER: THE PARTIES AGREE THA?
ARBITRATION PROCEEDING CONDUCTED HE SELLER’S SUBCONTRACTORS, SPECIALTY 5 SUPPLIERS, ENGINEERS, DESIGNERS AND/OR ; HER PERSONS OR ENTITIES (COLLECTIVELY WHETHER “0 OR™MORE “THIRD-PARTY”) SRK PERFORMED OR MATERIALS : SS EF OR MORE OF MATERIAL E BASIS, DIRECTLY OR [B. CLAIMS MADE THE SUBJECT OF 1 RD-PARTY IS SUBSTANTIALLY FACT OR LAW; OR (C) THE QUIRED TO ACCORD THE PARTIES INDIRECTLY, IN WHOLE OR PA #0 THE ARBITRATION PROCEEDING; (8 T NANINA COURT 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 patties, 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
g patties, 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 Page 5 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, ef 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.
he Miscellaneous.
(a) Invalidity. If any portion of this Declaration is held invalid or far as is reasonable and possible, the remainder of this Declaration shafl_be operative, and effect shall be given to the intent manifested by the this Declaration shall be deemed not to be a waiver of suc other party the same or any other term or provision.
(b) Governing Law. This Declaratio fned by and construed in accordance with the laws of the State of Texas (excep construction and enforcement of the e e laws of the United States).
écuted in multiple counterparts, each of which shall constitute an original anda hishWhen taken together shall constitute one
(excep construction and enforcement of the e e laws of the United States).
écuted in multiple counterparts, each of which shall constitute an original anda hishWhen taken together shall constitute one (d) g bs ant sall be entitled to recover from Holder, Holder’s arties, Declarant’s reasonable and necessary attorney’s fees ing this Declaration.
9/01/07 Declaration of Restrictive Covenants Page 5 of 7 Page 6 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 9/01/07 Declaration of Restrictive Covenants Page 6 of 7 Page 7 of 7 STATE OF TEXAS § § COUNTY OF Dallas § This instrument was acknowledged before me on Ny CoM lee QA rd, 20 7A a Texas corporation and general partner of MHI Partnership, Ltd., a Texas limited partnership, on behalf of said entities.
RZ wy Cl, E SHANNON HIBBARD en Public, State of Texas jh My Commission Expires August ui 2012 “tre” pp eenat “GAs S ig oe % “iti STATE OF TEXAS COUNTY FDO} This instrument was acknowledged before by the above signed “Buyer(s)”.
SOE Ee, ow Yn, % NOK, sh tty tS s x = b 2o f <tt %, Ray Holan McGuyer Homebuilders, Inc.
7676 Woodway, Suite 104 Houston, Texas 77063 9/01/07 Declaration of Restrictive Covenants Page 7 of 7