{0 Page 1 of 7 Electronically Recorded Tarrant County Texas Official Public Records 6/22/2010 4:05 PM D210150987 SIF | aos 23 DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (hereinafter “Declatation”) is made by MHI PARTNERSHIP, LTD. (hereinafter “Declarant”), a Texas limited ship, as follows: RECITALS A. Property Address: 10537 Rising Knoll Lane Fort Worth, TX 76131 (hereinafter “Property,” consi improvements thereon).
preperty and all B. Seller: MAHI Partnership, L Gc. Buyers(s): Cynthia Johnson (hereinafter gllectiy D. Legal Description: ase 2, an addition orth, Tarrant County, Texas.
akes this Declaration for the purpose of subjecting the Property to one or 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 ] of 7 Page 2 of 7 DECLARATION he Recitals. The Recitals set forth above are incorporated herein as a substantive part of this Declaration.
mn 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 ob] PORTION THEREOF, OR BY OCCUPANCY OF THE PROPER THEREOF, HOLDER IRREVOCABLY ACKNOWLEDGES AND Covenant Period, this Declaration shall automatica except as to arbitration and/or legal proceedings are in progress at the time of its
PANCY OF THE PROPER THEREOF, HOLDER IRREVOCABLY ACKNOWLEDGES AND Covenant Period, this Declaration shall automatica except as to arbitration and/or legal proceedings are in progress at the time of its expiration. In those instances, this Declaration eyis to the proceedings in progress at the expiration of the Covenant Period yprtyl t ays, Contluded by the entry of a final, nonappealable arbitration award or judgment.” Mot Sanding the foregoing, if Declarant, Seller or an affiliate of them becomes the holds De e to the Property, this Declaration shall automatically terminate and be ae purtfier Jorde or the Property.
4, A REEMENT TO ARBITRATE. ANY CLAIM OR CONTROVERSY DUT OF OR RELATING TO THE CONTRACT, THE BREACH THER! RELATING DIRECTLY OR INDIRECTLY TO THE CONTRACT/THB PURGHASE, CONSTRUCTION OR REPAIR OF THE HOME AND ME SW AICH ARE THE SUBJECT OF THE CONTRACT, AND/OR THE LUDING ANY AND ALL CLAIMS AGAINST SELLER AND/OR ENTS, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, , DEVELOPERS, SUBCONTRACTORS, MATERIALMEN, SUPPLIERS, URERS OR OTHER THIRD PARTIES JOINED IN ACCORDANCE WITH 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) SEEKS ONLY THOSE REMEDIES APPLICABLE TO CONSTRUCTION DEFECTS
ED) (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 (IU) THE CLAIMANT(S) ASSERTS NO OTHER CLAIMS AND SEEKS NO OTHER REMEDIES APART FROM (1) AND (I),,THEN THE ARBITRATION SHALL BE CONDUCTED AND ADMINISTE IN ACCORDANCE WITH THE BUILDER LIMITED WARRANTY (AS DEFI HE CONTRACT).
C. ARBITRATION OF ALL OTHER DISPUTES. IN ALB CH ARE NOT GOVERNED BY SUBPARAGRAPH 4.B ABOVE (IN€ ITHOUT LIMITATION, ALL INSTANCES WHERE CONSTRUCTION DE MS ARE JOINED WITH OTHER CLAIMS), THE ARBITRATI BEA S MINISTERED BY THE AMERICAN ARBITRATION ASSOCIATI (“A { ACCORDANCE WITH ITS CONSTRUCTION INDUSTRY IT ION RULES (AS SUPPLEMENTED BY AAA SUPPLEMENTARY PR S FOR CONSUMERRELATED DISPUTES, WHERE APPLICABh IN E AT THE TIME THE 4AM FAST TRACK PROCEDURES SRITTEN CONSENT OF ALL DEMAND FOR ARBITRATION IS FILED.
SHALL APPLY ONLY UPON THE FURTH PARTIES TO THE ARBITRATION PROC i D. GENERAL PROVISIONS, FHIN A REASONABLE TIME AFTER THE CONTROVERSY HAS,ARISE HEPARTY REQUESTING RELIEF SHALL ‘ wy, 4 RATION AND PAY APPLICABLE FILING AITTON. P FEEDING SHALL BE CONDUCTED IN THE ERE THE PROPERTY IS LOCATED, UNLESS PARTIES. IN ALL INSTANCES, THE PARTIES SPPLICABL TO A SINGLE ARBITRATOR AND THE PARTIES KS TO THE SELECTION OF SUCH ARBITRATOR, THEN THERE MEE (3) NEUTRAL ARBITRATORS APPOINTED IN ACCORDANCE LICABLE ARBITRATION RULES, WITH THE COST OF THE TWO APPLICABLE 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)
E, 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 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 COMPRL' ARBITRATION. THE FOREGOING DOES NOT PRECLUDE A PAR ROM SEEKING EMERGENCY RELIEF FROM A COURT OF T JURISDICTION AND THE PROSECUTION OF A REQUEST FO CY RELIEF WILL NOT BE DEEMED A WAIVER OF THE ARBITRATI®Q ONS CONTAINED HEREIN.
E. JOINDER: THE PARTIES AGREE TH JOIN IN ANY ARBITRATION PROCEEDING CONDUCTED HE NDE NE OR MORE OF SELLER’S SUBCONTRACTORS, SPECIALTY NT TORS, MATERIAL SUPPLIERS, ENGINEERS, DESIGNERS AND/OR HER PERSONS OR ENTITIES (COLLECTIVELY WHETHER OR RE “THIRD-PARTY”) WHERE: (A) THE SERVICES PROVIDED, W PERFORMED OR MATERIALS SUPPLIED BY SUCH THIRD-PARTY E BASIS, DIRECTLY OR INDIRECTLY, IN WHOLE OR PART>O MS MADE THE SUBJECT OF THE ARBITRATION PROCEEDING; (€ IRD-PARTY IS SUBSTANTIALLY INVOLVED IN A COMMON FACT OR LAW; OR (C) THE
ED BY SUCH THIRD-PARTY E BASIS, DIRECTLY OR INDIRECTLY, IN WHOLE OR PART>O MS MADE THE SUBJECT OF THE ARBITRATION PROCEEDING; (€ IRD-PARTY IS SUBSTANTIALLY INVOLVED IN A COMMON FACT OR LAW; OR (C) THE PRESENCE OF SUCH me EQUIRED TO ACCORD THE PARTIES NJ A PARTIES OR FOR OTHER REASONS, EACH PARTY AGREES TO NTS WITH RESPECT TO TRIAL BY JURY. HOLDER ACKNOWLEDGES Y WAIVES VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO OURT 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 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 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 thg, defect pursuant to an accepted offer of settlement; or (iii) that the Holder rejected offered work: ds; Miscellaneous.
(a) Invalidity. If any portion of this Declaration is held invalid or far as is reasonable and possible, the remainder of this Declaration shall 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 ll be Bovérned by and construed in accordance with the laws of the State of Texas (exce construction and enforcement of the foregoing arbitration provisions, which shall be e laws of the United States).
écuted in multiple counterparts, each of hen taken together shall constitute one (c) Counterparts. This sett which shall constitute an original and instrument.
mainder of page blank. Executions appear on the following page.)
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 By: Name: Title: y LD 2, Ls OF DUR EP GY Cle gent /* SS” ACCEP ND AGREED: 9/01/07 Declaration of Restrictive Covenants Page 6 of 7 : i Page 7 of 7 STATE OF TEXAS Tave § COUNTY OF OF Dallas Dallas This instrument was acknowledged before me on by Judy Booth
” ACCEP ND AGREED: 9/01/07 Declaration of Restrictive Covenants Page 6 of 7 : i Page 7 of 7 STATE OF TEXAS Tave § COUNTY OF OF Dallas Dallas This instrument was acknowledged before me on by Judy Booth Jure 182010.
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.
Notary Public, State of Texas Copy TE OF NICOLE ROBERT Notary Public, State of Texas My Commission Expires 01/09/2014 STATE OF TEXAS COUNTY OF Tawant This instrument was acknowledged before me on by the above signed "Buyer(s)".
ARY PUSE TATE DE 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 円 18, 2010.
Notary Public, State of Texas Declaration of Restrictive Covenants Page 7 of 7 9/01/07