Page 1 of 7 Electronically Recorded Tarrant County Texas Official Public Records 7/6/2010 11:24 AM D210161509 | Ses PGS 7 $40.00 Ue Sire noon BOTTA DECLARATION OF RESTRICTIVE COVENANTS is made by MHI PARTNERSHIP, LTD. (hereinafter “Declarant”), a Texas limited ship, as follows: RECITALS A. Property Address: 10489 Evening View Drive Fort Worth, TX 76131 (hereinafter “Property,” consis or the aéa improvements thereon).
préperty and all B. Seller: MAI Partnership, L (hereinafter “Seller”’).
Cc. Buyers(s): Ahmad Firooz (hereinafier Zolec D. Legal Description: Lot 20, in Bleg HI Ks hase 2, an addition orth, Tarrant County, Texas.
E, Closing Date: Buyer’s agreement to the terms and conditions hereof.
THIS DECLARATION OF RESTRICTIVE COVENANTS (hereinafter “Declafation’’) akes this Declaration for the purpose of subjecting the Property to one or strictive covenants as more particularly described below. Buyer joins herein to evidence Buyer’s acceptance of the Property subject to this Declaration and 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 obljgations 2 at) f that run with the Property. For purposes of this Declaration, the term “Holder’ Buyer, together with any holder of any legal or equitable interest in the Propg
and the burdens and obljgations 2 at) f that run with the Property. For purposes of this Declaration, the term “Holder’ Buyer, together with any holder of any legal or equitable interest in the Propg Of no further force or effect, A are in progress at the time of its eas to the proceedings in progress at Covenant Period, this Declaration shall automaticali except as to arbitration and/or legal proceedings expiration. In those instances, this Declaration the expiration of the Covenant Period the appealable arbitration award or judgment.
an affiliate of them becomes the hold¢ automatically terminate and be o or the Property. & 4.
A.
CONTROVERSY A} BREACH THER RELATING DIRECTLY OR INDIRECTLY TO THE CONTRACTY1T HASE, CONSTRUCTION OR REPAIR OF THE HOME AND 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), (I) 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 (D),,.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 H ARE NOT GOVERNED BY SUBPARAGRAPH 4.B ABOVE (INZ THOUT
L BE CONDUCTED AND ADMINISTE IN ACCORDANCE WITH THE BUILDER LIMITED WARRANTY (AS DEFI HE CONTRACT).
C. ARBITRATION OF ALL OTHER DISPUTES. IN ALB H ARE NOT GOVERNED BY SUBPARAGRAPH 4.B ABOVE (INZ THOUT LIMITATION, ALL INSTANCES WHERE CONSTRUCTION }H AIMS ARE JOINED WITH OTHER CLAIMS), THE ARBITRATI LK, BEA }MINISTERED BY THE AMERICAN ARBITRATION ASSOCIATI c Ww ACCORDANCE WITH ITS CONSTRUCTION INDUSTRY IT ON RULES (AS SUPPLEMENTED BY AAA SUPPLEMENTABY PR S FOR CONSUMERAT THE TIME THE FAST TRACK PROCEDURES KRITTEN CONSENT OF ALL RELATED DISPUTES, WHERE APPLICABL DEMAND FOR ARBITRATION IS FILED.
N A REASONABLE TIME AFTER PARTY REQUESTING RELIEF SHALL RATION AND PAY APPLICABLE FILING FEES. THE ARBITRATION ING SHALL BE CONDUCTED IN THE MERE THE PROPERTY 1S LOCATED, UNLESS SARTIES. IN ALL INSTANCES, THE PARTIES ITRATOR, BUT IN THE EVENT THE PARTIES CANNOT AGREE APPOINTED IN & o> IN THE EVERX ; APPLICABLE ARBITRATION RULES MANDATE OTHERWISE, ALL ARBITRATORS SHALL BE ATTORNEYS AT LAW, LICENSED TO PRACTICE IN JHE 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 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 JHE 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 COMPBLLING ARBITRATION. THE FOREGOING DOES NOT PRECLUDE A PAR CONTAINED HEREIN.
JOIN IN ANY EF OR MORE OF MATERIAL —E. JOINDER: THE PARTIES AGREE TH ARBITRATION PROCEEDING CONDUCTED HE SELLER’S SUBCONTRACTORS, SPECIALTY SUPPLIERS, ENGINEERS, DESIGNERS ANQ/OR ENTITIES (COLLECTIVELY WHETHER WHERE: (A) THE SERVICES PROVIDED, W SUPPLIED BY SUCH THIRD-PARTY INDIRECTLY, IN WHOLE OR PART>O THE ARBITRATION PROCEEDING; (8 OR RE “THIRD-PARTY”) PERFORMED OR MATERIALS E BASIS, DIRECTLY OR MS MADE THE SUBJECT OF RD-PARTY IS SUBSTANTIALLY FACT OR LAW; OR (C) THE 2QUIRED TO ACCORD THE PARTIES F. ABRQCA K . HOLDER ACKNOWLEDGES AND AGREES THAT IT HAS ADEQ ANCIAL CAPACITY TO AVAIL ITSELF OF THE ARBITRATION REM ROVIDED HEREIN AND THAT PARTICIPATION IN ARBITRATION W ONSTITUTE A FINANCIAL HARDSHIP.
JURY TRIAL: THE PARTIES AGREE THAT IF ANY CLAIM TRIED IN A COURT OF LAW, WHETHER BY MUTUAL HBPARTIES OR FOR OTHER REASONS, EACH PARTY AGREES TO TS WITH RESPECT TO TRIAL BY JURY. HOLDER ACKNOWLEDGES YY 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,
tion 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, 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.
ee) DE SE (a) Invalidity. If any portion of this Declaration is held invalid or far as is reasonable and possible, the remainder of this Declaration shat ed valid and operative, and effect shall be given to the intent manifested by the i Ts Miscellaneous.
other party the same or any other term or provision.
(b) Governing Law. This Declaratio
ation shat ed valid and operative, and effect shall be given to the intent manifested by the i 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).
ێcuted in multiple counterparts, each of which shall constitute an original and hen taken together shall constitute one instrument.
(c) Counterparts. This ee (d) all be entitled to recover from Holder, Holder’s successors, assigns and spbpopating parties, Declarant’s reasonable and necessary attorney’s fees and litigation expenses i orting this Declaration.
(e) Declaration shall be recorded in the Real Property Records of each county in whid berty is located.
Wider 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: Stoney {Lo fh NX Name FD \ 7 / Title: ClosinetA¢ent ACCEP ND AGREED: B xs ad Firooz 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 “ying CA , 20 16 ; by rks { Padi , Closing Agent of McGuyer Homeintiders, Ine., a Texas sairaaail n and general partner of MHI Partnership, Ltd., a Texas limited nadinessi on behalf of said entities.
— wD: RS = Ff JESSICA SANCHEZ Notary Public, State of Texas My Commission Expires 07/30/2011 wit Ay ' ‘", Cf * 33 $: os Aes as s > st = oO 7 “A STATE OF TEXAS —
d nadinessi on behalf of said entities.
— wD: RS = Ff JESSICA SANCHEZ Notary Public, State of Texas My Commission Expires 07/30/2011 wit Ay ' ‘", Cf * 33 $: os Aes as s > st = oO 7 “A STATE OF TEXAS — COUNTY OF ALON § This instrument was acknowledged beforg by the above signed “Buyer(s)”.
AF RDATION RET RIGINAL TO: Ray Holan McGuyer Homebuilders, Inc.
7676 Woodway, Suite 104 Houston, Texas 77063 9/01/07 Declaration of Restrictive Covenants Page 7 of 7