Page 1 of 7 Electronically Recorded Tarrant County Texas Official Public Records 5/21/2010 9:50 AM D210120150 Ses PGS $40.00 Suzanne WT 1109 mitter. LA bd SW qatar DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (hereinafter “Dec]éfation’’) is made by MHI PARTNERSHIP, LTD. (hereinafter “Declarant’”’), a Texas limited ship, as follows: RECITALS A. Property Address: 10464 Rising Knoll Lane Fort Worth, TX 76131 (hereinafter “Property,” consi of the xba improvements thereon).
préperty and all B. Seller: MHI Partnership, LR (hereinafter “Seller’’).
0 Buyers(s): Felicia Tugbeh § ee q istopher Wisseh Swen er” whether one or more).
D. Legal Description: ase 2, an addition orth, Tarrant County, Texas.
able lot, block, subdivision, section and county).
estrictive covenants as more particularly described below. Buyer joins herein / to evidence Buyer’s acceptance of the Property subject to this Declaration and Btiyer’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.
By 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 that run with the Property. For purposes of this Declaration, the term < Pople sire Buyer, together with any holder of any legal or equitable interest in the Propa
ty), and the burdens and obligations that run with the Property. For purposes of this Declaration, the term < Pople sire Buyer, together with any holder of any legal or equitable interest in the Propa Covenant Period, this Declaration shall automaticalt except as to arbitration and/or legal proceedings h are in progress at the time of its expiration. In those instances, this riod tt teh Wall st eas to the proceedings in progress at the expiration of the Covenant Period w uty bg ars, coytiuded by the entry of a final, nonappealable arbitration award or sadement™S an affiliate of them becomes the holds automatically terminate and be “ or the Property.
fe to the Property, this Declaration shall r effect as to Declarant, Seller, such affiliate, CONTROVERSY Ak} BREACH THER} WDING ANY AND ALL CLAIMS AGAINST SELLER AND/OR BNTS, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, , DEVELOPERS, SUBCONTRACTORS, MATERIALMEN, SUPPLIERS, fURERS OR OTHER THIRD PARTIES JOINED IN ACCORDANCE WITH ARAGRAPH 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 JIS 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), (11) THE CLAIMANT(S) SEEKS ONLY THOSE REMEDIES APPLICABLE TO CONSTRUCTION DEFECTS AVAILABLE UNDER THE ACT, AND (II) THE CLAIMANT(S) ASSERTS NO OTHER
GED “CONSTRUCTION DEFECTS” (AS DEFINED BY THE ACT), (11) 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 (1) AND (1),,THEN THE ARBITRATION SHALL BE CONDUCTED AND ADMINISTE IN ACCORDANCE WITH THE BUILDER LIMITED WARRANTY (AS DE HE CONTRACT).
C. ARBITRATION OF ALL OTHER DISPUTES. IN ALB JOINED WITH OTHER CLAIMS), THE ARBITRATI BY THE AMERICAN ARBITRATION ASSOCIATI WITH ITS CONSTRUCTION INDUSTRY SUPPLEMENTED BY AAA SUPPLEMENTA RELATED DISPUTES, WHERE APPLICABL DEMAND FOR ARBITRATION IS FILED.
SHALL APPLY ONLY UPON THE FUR PARTIES TO THE ARBITRATION A FAST TRACK PROCEDURES TTEN CONSENT OF ALL D. GENERAL PROVES, D THIN A REASONABLE TIME AFTER THE CONTROVERSY ar ARISEN AK PARTY REQUESTING RELIEF SHALL FILE A WRITTEN DEMAND] 4 RATION AND PAY APPLICABLE FILING FEES. THE ARBITRA ARC EDING SHALL BE CONDUCTED IN THE FEDERAL JUDICIAL/ HERE THE PROPERTY IS LOCATED, UNLESS OTHERWISE AGREE MAY AGREE UPON IN ALL INSTANCES, THE PARTIES REE (3) NEUTRAL ARBITRATORS APPOINTED IN ACCORDANCE LICABLE ARBITRATION RULES, WITH THE COST OF THE TWO 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 SUCH LITIGATION; OR (B) INCURRED IN JUDICIALLY COMPEKLLING ARBITRATION. THE FOREGOING DOES NOT PRECLUDE A PAR’ ROM CONTAINED HEREIN.
E. JOINDER: THE PARTIES AGREE THA ARBITRATION PROCEEDING CONDUCTED HER SELLER’S SUBCONTRACTORS, SPECIALTY MORE “THIRD-PARTY”) PERFORMED OR MATERIALS ISN HE BASIS, DIRECTLY OR aE COXIMS MADE THE SUBJECT OF co) HIRD-PARTY IS SUBSTANTIALLY of FACT OR LAW; OR (C) THE EQUIRED TO ACCORD THE PARTIES SUPPLIED BY SUCH THIRD-PARTY if; Ra q YY WAIVES VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO 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 parties, all costs of such proceeding, investigative costs, expert fees, reasonable attomeys' 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
, expert fees, reasonable attomeys' 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, 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 thg, defect pursuant to an accepted offer of settlement; or (iii) that the Holder rejected offered work!
(a) Invalidity. If any portion of this Declaration is held invalid or’ far as is reasonable and possible, the remainder of this Declaration sha ed valid and operative, and effect shall be given to the intent manifested by Ts Miscellaneous.
other party the same or any other term or provision.
(b) Governing Law. This Declaratio ' accordance with the laws of the State of Texas (excep construction and enforcement of the e laws of the United States).
which shall constitute an original and a shWvhen taken together shall constitute one instrument.
(c) Counterparts. This “Se () a (d) all be entitled to recover from Holder, Holder’s successors, assigns and syb?q s, Declarant’s reasonable and necessary attorney’s fees
ll constitute one instrument.
(c) Counterparts. This “Se () a (d) all be entitled to recover from Holder, Holder’s successors, assigns and syb?q s, Declarant’s reasonable and necessary attorney’s fees and litigation expenses i fotting this Declaration.
(e) Declaration shall be recorded in the Real Property Records of 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 aS Christopher Wisseh Swen 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 by Judy BootL Мал 14 200 Closing Agent of McGuyer Homebuilders, Inc., a Texas corporation and general partner of MHI Partnership, Ltd., a Texas limited partnership, on behalf of said entities.
STATE OF NICOLE ROBERT Notary Public, State of Texas My Commission Expires 01/09/2014 Notary Public, State of Texas STATE OF TEXAS COUNTY OF Lauant cos cos pos This instrument was acknowledged before me by the above signed "Buyer(s)".
NOTARY STA STE OF TEXA PUBLICOS NICOLE ROBERT Notary Public, State of Texas My Commission Expires AFTER RECORDATION RETURN ORIGINAL TO: Ray Holan McGuyer Homebuilders, Inc.
7676 Woodway, Suite 104 Houston, Texas 77063 Copy Jay 14. 2010.
Notary Public, State of Texas Declaration of Restrictive Covenants Page 7 of 7 9/01/07