UL Page 1 of 7 Electronically Recorded Tarrant County Texas Official Public Records 7/6/201011:19 AM D210161495 i PGS 7 $40.00 Suzanne oy 52 LANDATA 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: 513 Goldstone Lane Fort Worth, TX 76131 (hereinafter “Property,” consi of the xcs improvements thereon).
prsperty and all B. _ Seller: MHI Partnership, L (hereinafter “Seller”).
C. Buyers(s): D. Legal Description: E. Closing Date: to evidence Buyer’s acceptance of the Property subject to this Declaration and Btlyer’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 (including any future owner or occupier of the Property), and shall be deemed to & that run with the Property. For purposes of this Declaration, the term “Holder” s PORTION THEREOF, OR BY OCCUPANCY OF THE PROPER THEREOF, HOLDER IRREVOCABLY ACKNOWLEDGES AND f Covenant Period, this Declaration shall automatica except as to arbitration and/or legal proceedings a are in progress at the time of its : as to the proceedings in progress at
ABLY ACKNOWLEDGES AND f Covenant Period, this Declaration shall automatica except as to arbitration and/or legal proceedings a are in progress at the time of its : as to the proceedings in progress at the expiration of the Cavanatit Period wih b 2 oycluded by the entry of a final, nonappealable arbitration award or judgment. j an affiliate of them becomes the holdgr-ef{NegaMitle to the Property, this Declaration shall automatically terminate and be 9 er force or the Property.
4.
RELATING DIRECTLY OR INDIRECTLY TO THE CONTRACT/THEN ASE, CONSTRUCTION OR REPAIR OF THE HOME AND MENT AICH ARE THE SUBJECT OF THE CONTRACT, AND/OR THE MKUDING ANY AND ALL CLAIMS AGAINST SELLER AND/OR BNTS, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, > 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), (II) THE CLAIMANT(S) SEEKS ONLY THOSE REMEDIES APPLICABLE TO CONSTRUCTION DEFECTS AVAILABLE UNDER THE ACT, AND (IM) THE CLAIMANT(S) ASSERTS NO OTHER CLAIMS AND SEEKS NO OTHER REMEDIES APART FROM (1) AND (1D), THEN THE ARBITRATION SHALL BE CONDUCTED AND ADMINISTER’ ACCORDANCE WITH THE BUILDER LIMITED WARRANTY (AS DEF CONTRACT).
(S) ASSERTS NO OTHER CLAIMS AND SEEKS NO OTHER REMEDIES APART FROM (1) AND (1D), THEN THE ARBITRATION SHALL BE CONDUCTED AND ADMINISTER’ ACCORDANCE WITH THE BUILDER LIMITED WARRANTY (AS DEF CONTRACT).
C. ARBITRATION OF ALL OTHER DISPUTES. IN ALK ARE NOT GOVERNED BY SUBPARAGRAPH 4.B ABOVE (IN@LUBD LIMITATION, ALL INSTANCES WHERE CONSTRUCTION J BRST p MI ISTERED JOINED WITH OTHER CLAIMS), THE ARBITRATIO L BY THE AMERICAN ARBITRATION ASSOCIATI (““AAAY)-EN’ ACCORDANCE WITH ITS CONSTRUCTION INDUSTRY IT ON RULES (AS SUPPLEMENTED BY AAA SUPPLEMENTARY PR S FOR CONSUMERAT THE TIME THE 4 FAST TRACK PROCEDURES KRITTEN CONSENT OF ALL RELATED DISPUTES, WHERE APPLICABKE DEMAND FOR ARBITRATION IS FILED.
ERE THE PROPERTY IS LOCATED, UNLESS PARTIES. IN ALL INSTANCES, THE PARTIES PPLICABLE ARBITRATION RULES, WITH THE COST OF THE TWO AL ARBITRATIORS BEING ADVANCED BY THE SELLER. UNLESS 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 JHE 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 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 COMPELLING ARBITRATION. THE FOREGOING DOES NOT PRECLUDE A PAR ‘ SEEKING EMERGENCY RELIEF FROM A COURT OF JURISDICTION AND THE PROSECUTION OF A REQUEST FO CONTAINED HEREIN.
E. JOINDER: THE PARTIES AGREE TH ; IN ANY ARBITRATION PROCEEDING CONDUCTED HE NE OR MORE OF SELLER’S SUBCONTRACTORS, SPECIALTY TORS, MATERIAL SUPPLIERS, ENGINEERS, DESIGNERS AND/OR ENTITIES (COLLECTIVELY WHETHER O RE “THIRD-PARTY”) WHERE: (A) THE SERVICES PROVIDED, WO ISNGHE BASIS, OR MATERIALS E BASIS, DIRECTLY OR LXIMS MADE THE SUBJECT OF THE ARBITRATION PROCEEDING; U RD-PARTY IS SUBSTANTIALLY Fegr, TRIED IN A COURT OF LAW, WHETHER BY MUTUAL PARTIES OR FOR OTHER REASONS, EACH PARTY AGREES TO 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 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,
sidered 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 seq. ("DTPA") and/or the Texas Residential Construction Liability Act, TEx. PROP. CODE ANN. § 27.001, et 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: 7, Miscellaneous.
this Declaration shall be deemed not to be a waiver of suck other party the same or any other term or provision.
(b) Governing Law. This Declaratio 1 be Sov accordance with the laws of the State of Texas (excep construction and enforcement of the foregoing arbitration provisions, which shall be gaVe e laws of the United States).
(c) Counterparts. This Declarafti ay which shall constitute an original and b instrument.
écuted in multiple counterparts, each of hen taken together shall constitute one (d) all be entitled to recover from Holder, Holder’s successors, assigns and spopopatifg parties, Declarant’s reasonable and necessary attorney’s fees and litigation expenses in} ofting this Declaration.
(e) Peclaration shall be recorded in the Real Property Records of each county in whi berty is located.
t’s reasonable and necessary attorney’s fees and litigation expenses in} ofting this Declaration.
(e) Peclaration shall be recorded in the Real Property Records of each county in whi berty is located.
ander 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: ACCEP ND AGREED: 9/01/07 Declaration of Restrictive Covenants Page 6 of 7 Page 7 of 7 STATE OF TEXAS Tauant COUNTY OF Dallas § This instrument was acknowledged before me on by Judy Boot June 30 2010.
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 PUBL STATE OF NICOLE ROBERT Notary Public. State of Texas My Commission Expires 01/09/2014 Notary Public, State of Texas Copy 1930 ,2010 STATE OF TEXAS COUNTY OF Tavent This instrument was acknowledged before me on by the above signed "Buyer(s)".
NICOLE (ARY PUS Notary Pubic. State of Texas My Commission Expires 康 AFTER RECORDATION RETURN ORIGINAL TO: Ray Holan McGuyer Homebuilders, Inc.
7676 Woodway, Suite 104 Houston, Texas 77063 Notary Public, State of Texas Declaration of Restrictive Covenants Page 7 of 7 9/01/07