Page 1 of 7 Electronically Recorded Tarrant County Texas Official Public Records 8/17/2010 2:01 PM D210199793 DO ee .
ses PGS 7 $40.00 Suzanne Henderson Submitter’ LANDATA DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (hereinafter “Declafgtion”) is made by MHI PARTNERSHIP, LTD. (hercinafter a. a Texas limited ship, as follows: RECITALS A. Property Address: 10433 RISING KNOLL LANE FORT WORTH, TX. 76131 (hereinafter “Property,” consi of the xéa improvements thereon).
preperty and all B. Seller: MHI Partnership, L (hereinafter “Seller’’).
C. Buyers(s): JACOB B. KINNS (hereinafter ZoJlec er” whether one or more).
Legal Description: WORTH, TARRANT County, Texas.
e lot, block, subdivision, section and county).
¥ to evidence Buyer’s acceptance of the Property subject to this Declaration and Btyer’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 iF 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 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 expiration. In those instances, this Declaration sé the expiration of the Covenant Period yfhl t appealable arbitration award or judgment. angi
matica except as to arbitration and/or legal proceedings expiration. In those instances, this Declaration sé the expiration of the Covenant Period yfhl t appealable arbitration award or judgment. angi an affiliate of them becomes the holdgr-efNegs e to the Property, this Declaration shall automatically terminate and be : < or the Property.
4 are in progress at the time of its as to the proceedings in progress at , DEVELOPERS, SUBCONTRACTORS, MATERIALMEN, SUPPLIERS, ACTURERS OR OTHER THIRD PARTIES JOINED IN ACCORDANCE WITH SUBPARAGRAPH 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) SEEKS ONLY THOSE REMEDIES APPLICABLE TO CONSTRUCTION DEFECTS AVAILABLE UNDER THE ACT, AND (IID) THE CLAIMANT(S) ASSERTS NO OTHER CLAIMS AND SEEKS NO OTHER REMEDIES APART FROM (1) AND (ID), HEN ACCORDANCE WITH THE BUILDER LIMITED WARRANTY (AS DEFINEE CONTRACT).
BY THE AMERICAN ARBITRATION ASSOCIATI WITH ITS CONSTRUCTION INDUSTRY SUPPLEMENTED BY AAA SUPPLEMENTA RELATED DISPUTES, WHERE APPLICAB DEMAND FOR ARBITRATION IS FILED. FAST TRACK PROCEDURES SHALL APPLY ONLY UPON THE FU TTEN CONSENT OF ALL PARTIES TO THE ARBITRATION PROC A REASONABLE TIME AFTER ARTY REQUESTING RELIEF SHALL
RE APPLICAB DEMAND FOR ARBITRATION IS FILED. FAST TRACK PROCEDURES SHALL APPLY ONLY UPON THE FU TTEN CONSENT OF ALL PARTIES TO THE ARBITRATION PROC A REASONABLE TIME AFTER ARTY REQUESTING RELIEF SHALL RATION AND PAY APPLICABLE FILING ING SHALL BE CONDUCTED IN THE D. GENERAL PROVISI THE CONTROVERSY HAS 4 FILE A WRITTEN DEMAXY) FEES. THE ARBITRATIOA OTHERWISE AGREE PARTIES. IN ALL INSTANCES, THE PARTIES MRBITRATOR, BUT IN THE EVENT THE PARTIES CANNOT AGRE HALL BE THREE (3) NEUTRAL ARBITRATORS APPOINTED IN TREE (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 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 PAR KROM SEEKING EMERGENCY RELIEF FROM A COURT OF JURISDICTION AND THE PROSECUTION OF A REQUEST FOR \GENGY CONTAINED HEREIN.
G DOES NOT PRECLUDE A PAR KROM SEEKING EMERGENCY RELIEF FROM A COURT OF JURISDICTION AND THE PROSECUTION OF A REQUEST FOR \GENGY CONTAINED HEREIN.
E. JOINDER: THE PARTIES AGREE TH fs JOIN IN ANY ARBITRATION PROCEEDING CONDUCTED HE NDER)\ONE OR MORE OF SELLER’S SUBCONTRACTORS, SPECIALTY NT TORS, MATERIAL SUPPLIERS, ENGINEERS, DESIGNERS ANRQ/OR HER PERSONS OR ENTITIES (COLLECTIVELY WHETHER SONG OR RE “THIRD-PARTY”) WHERE: (A) THE SERVICES PROVIDED, WO SOSHE BASIS, OR MATERIALS SUPPLIED BY SUCH THIRD-PARTY Y MM E BASIS, DIRECTLY OR INDIRECTLY, IN WHOLE OR PA OF LAIMS MADE THE SUBJECT OF THE ARBITRATION PROCEEDING; (@ AIRD-PARTY IS SUBSTANTIALLY INVOLVED IN A COMMON Q pee ON“OF FACT OR LAW; OR (C) THE PRESENCE OF SUCH THIRD-PARTY JS REQUIRED TO ACCORD THE PARTIES COMPLETE RELIEF IN TAE7ARRITRATION.
F. FINANCVARRCARACTRY. HOLDER ACKNOWLEDGES AND AGREES THAT IT HAS ADEQUAG ANCIAL CAPACITY TO AVAIL ITSELF OF THE ARBITRATION REMBDIES PROVIDED HEREIN AND THAT PARTICIPATION IN ARBITRATION Ns RKOONSTITUTE A FINANCIAL HARDSHIP.
OR CONTROVER S TRIED IN A COURT OF LAW, WHETHER BY MUTUAL CON QETHB#PARTIES OR FOR OTHER REASONS, EACH PARTY AGREES TO SRIGHTS WITH RESPECT TO TRIAL BY JURY. HOLDER ACKNOWLEDGES YEREBY WAIVES VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO OURT OF LAW AND THE RIGHT TO TRIAL BY JURY.
3: WEN OF JURY TRIAL: THE PARTIES AGREE THAT IF ANY CLAIM 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
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, 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.
7. Miscellaneous.
far as is reasonable and possible, the remainder of this Declaration sha operative, and effect shall be given to the intent manifested by thy inoperative. The failure of either party to enforce against the this Declaration shall be deemed not to be a waiver of suc other party the same or any other term or provision.
I! be governed by and construed in construction and enforcement of the e laws of the United States).
(b) Governing Law. This Declaratio
iver of suc other party the same or any other term or provision.
I! be governed by and construed in construction and enforcement of the e laws of the United States).
(b) Governing Law. This Declaratio accordance with the laws of the State of Texas (excep écuted in multiple counterparts, each of which shall constitute an original and hen taken together shall constitute one instrument.
(d) (c) Counterparts. This nate (e) ainder 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 pa By: tbl fo ips Name: ATOR ICTLALL ACCEP ND AGREED: 9/01/07 Declaration of Restrictive Covenants Page 6 of 7 Page 7 of 7 STATE OF TEXAS TEAMANA COUNTY OF Dallas § § This instrument was acknowledged before me on by Ken Derdle Ay 13 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.
PUBL CATE OF TEX NICOLE ROBERT Notary Public, State of Texas My Commission Expires 01/09/2014 Notary Public, State of Texas STATE OF TEXAS COUNTY OF Favart This instrument was acknowledged before me on by the above signed "Buyer(s)".
Copy 9713 20/0.
S NICOLE ROBERT Pue Notary Public State of Texas My Commission Expires Notary Public, State of Texas AFTER RECORDATION RETURN ORIGINAL TO: Ray Holan McGuyer Homebuilders, Inc.
7676 Woodway, Suite 104 Houston, Texas 77063 Declaration of Restrictive Covenants Page 7 of 7 9/01/07