Page 1 of 7 Electronically Recorded Tarrant County Texas Official Public Records 10/4/2010 1:21 PM D210244045 ses Sin , PGS 7 $40.00 Suzanne Henderson Submitter’ LANDATA X DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (hereinafter “Declafgtion”) is made by MHI PARTNERSHIP, LTD. (hereinafter “Declarant”), a Texas limited p ship, as follows: RECITALS As Property Address: 9905 FOX HILL DRIVE FORT WORTH, TX. 76131 f (hereinafter “Property,” consi oY theatal property and all improvements thereon).
B. Seller: MHI Partnership, L (hereinafter “‘Seller’’).
GC, Buyers(s): ANYTHA SISO s (hereinafterllec $6 D. Legal-Description: Lot 13, in NGEL LARA TRISTAN uyer” whether one or more).
TES, an addition WORTH, TARRANT County, Texas.
¢ lot, block, subdivision, section and county).
anMmakes 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 Buyer’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 obljgations
fits 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 (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” she Buyer, together with any holder of any legal or equitable interest in the Props 3 Term. Except as provided below, this Declara (15) years (the “Covenant Period”) commencing on jhe Closi Covenant Period, this Declaration shall automatically expire and“be Of no further force or effect, except as to arbitration and/or legal proceedings R are in progress at the time of its expiration. In those instances, this Declaration as to the proceedings in progress at the expiration of the Covenant Period yi!
appealable arbitration award or judgment. 6 an affiliate of them becomes the holdgr-e g e to the Property, this Declaration shall automatically terminate and be of no #irthe € or the Property.
KUDING ANY AND ALL CLAIMS AGAINST SELLER AND/OR BNTS, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, 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)
ISSION 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 ACCORDANCE WITH THE BUILDER LIMITED WARRANTY (AS DEFI CONTRACT).
Cc. ARBITRATION OF ALL OTHER DISPUTES. IN me KG ads ARE NOT GOVERNED BY SUBPARAGRAPH 4.B ABOVE (I LIMITATION, ALL INSTANCES WHERE CONSTRUCTION PH eu} CHS JOINED WITH OTHER CLAIMS), THE ARBITRATI LI AMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATI (“ )N ACCORDANCE WITH ITS CONSTRUCTION INDUSTRY IT ON RULES (AS PR S FOR CONSUMERAT THE TIME THE FAST TRACK PROCEDURES NRITTEN CONSENT OF ALL RELATED DISPUTES, WHERE APPLICABK DEMAND FOR ARBITRATION IS FILED.
D. N A REASONABLE TIME AFTER BPARTY REQUESTING RELIEF SHALL RBITRATION AND PAY APPLICABLE FILING EEDING SHALL BE CONDUCTED IN THE RE THE PROPERTY IS LOCATED, UNLESS UBMITTED 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 ADD THE™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) 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
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 COMPBKLLING ARBITRATION. THE FOREGOING DOES NOT PRECLUDE A PA NY SEEKING EMERGENCY RELIEF FROM A COURT OF JURISDICTION AND THE PROSECUTION OF A REQUEST FO} CONTAINED HEREIN.
E. JOINDER: THE PARTIES AGREE THA) ARBITRATION PROCEEDING CONDUCTED HERI SELLER’S SUBCONTRACTORS, SPECIALTY SUPPLIERS, ENGINEERS, DESIGNERS ANQV/OR 8 ENTITIES (COLLECTIVELY WHETHER WHERE: (A) THE SERVICES PROVIDED, W SUPPLIED BY SUCH THIRD-PARTY INDIRECTLY, IN WHOLE OR PAR®)O THE ARBITRATION PROCEEDING} (8 INVOLVED IN A COMMON QUES FACT OR LAW; OR (C) THE PRESENCE OF SUCH THIRD-PARTY JQ REQUIRED TO ACCORD THE PARTIES COMPLETE RELIEF IN THAR pres ON.
F. FINANCYAIQCARACTEY. HOLDER ACKNOWLEDGES AND AGREES THAT IT HAS ADEQUAG ANCIAL CAPACITY TO AVAIL ITSELF OF THE ARBITRATION REMEDIES PROVIDED HEREIN AND THAT PARTICIPATION IN ARBITRATION re XCONSTITUTE A FINANCIAL HARDSHIP.
5. _AWAIKER-OF JURY TRIAL: THE PARTIES AGREE THAT IF ANY CLAIM OR CONTROVERSY 1S TRIED IN A COURT OF LAW, WHETHER BY MUTUAL OIKTHEPARTIES OR FOR OTHER REASONS, EACH PARTY AGREES TO SRIGNTS WITH RESPECT TO TRIAL BY JURY. HOLDER ACKNOWLEDGES
AGREE THAT IF ANY CLAIM OR CONTROVERSY 1S TRIED IN A COURT OF LAW, WHETHER BY MUTUAL OIKTHEPARTIES OR FOR OTHER REASONS, EACH PARTY AGREES TO SRIGNTS WITH RESPECT TO TRIAL BY JURY. HOLDER ACKNOWLEDGES IEREBY 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 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.
Gerad) , th
ble 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.
Gerad) , th (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 inoperative. The failure of either party to enforce against the 2 fm or provision of this Declaration shall be deemed not to be a waiver of suc i o“enforce against the other party the same or any other term or provision.
7. Miscellaneous.
(b) Governing Law. This Declaratio ll be fed by and construed in accordance with the laws of the State of Texas (excep 9 construction and enforcement of the écuted in multiple counterparts, each of which shall constitute an original and hen taken together shall constitute one instrument.
(c) Counterparts. This “ae (d) all be entitled to recover from Holder, Holder’s successors, assigns and sf s, Declarant’s reasonable and necessary attorney’s fees and litigation expenses 1 orting this Declaration.
(e) Declaration shall be recorded in the Real Property Records of 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 partner By: Name: Title: pA SD GZZDNY NAA TEA ACCEP ND AGREED: 9/01/07 Declaration of Restrictive Covenants Page 6 of 7 : STATE OF TEXAS
ilders, Inc., a Texas corporation, its general partner By: Name: Title: pA SD GZZDNY NAA TEA ACCEP ND AGREED: 9/01/07 Declaration of Restrictive Covenants Page 6 of 7 : STATE OF TEXAS Page 7 of 7 COUNTY OF Dallas Sept 30 2010 This instrument was acknowledged before me on by Closing Agent of McGuyer Homebuilders, Inc., a Texas corporation and general partner of MHJ/Partnership, Ltd., a Texas limited partnership, on behalf of said entities.
GNOTARY PUB PATE OF TEX NICOLE ROBERT Notary Public. State of Texas My Commission Expires 01/09/2014 NOTARY PUBL Unofficial Copy Notary Public, State of Texas STATE OF TEXAS COUNTY OF Tarrant 88888 § This instrument was acknowledged before me on by the above signed "Buyer(s)".
ept 30 2010.
و Notary Public, State of Texas Ray Holan McGuyer Homebuilders, Inc.
7676 Woodway, Suite 104 Houston, Texas 77063 Declaration of Restrictive Covenants Page 7 of 7 9/01/07