Page 1 of 7 Electronically Recorded Tarrant County Texas Official Public Records 11/9/2010 2:04 PM D210278555 Suzanne Henderson mitter.’ LANDATA DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (hereinafter “Declafation”’) is made by MHI PARTNERSHIP, LTD. (hereinafter “Declarant”), a Texas limited ship, as follows: RECITALS A. Property Address: 9008 CHRYSALIS DRIVE FORT WORTH, TX. 76131 (hereinafter “Property,” consi of the zea improvements thereon).
property and all B. Seller: MAUI Partnership, L (hereinafter “Seller’’).
GC. Buyers(s): & RACHEL DANIELLE er” whether one or more).
D. Legal Description: Ough which Buyer purchased the Property from Seller (“Contract”’) arbitration, jury waiver and attorney’s fee provisions which shall run ¢’ restrictive covenants as more particularly described below. Buyer joins herein JOlely 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 le Recitals, The Recitals set forth above are incorporated herein as a substantive part of this Declaration.
De 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]j gations (including any future owner or occupier of the Property), and shall be deemed to §
ive successors and assigns (including any future owner or occupier of the Property), and the burdens and ob]j gations (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” stra e6f no further force or effect, qa are in progress at the time of its 9 as to the proceedings in progress at the expiration of the Covenant Period ets Ow. ogcluded by the entry of a final, nonappealable arbitration award or judgment. “X hsta an affiliate of them becomes the holdgs-e aNtiefe to the Property, this Declaration shall automatically terminate and be 9, ae pte ek or the Property.
Covenant Period, this Declaration shall automatica except as to arbitration and/or legal proceedings 4.
CONTROVERSY A BREACH ae RELATING DIRECTLY OR INDIRECTLY TO THE ASE, CONSTRUCTION OR REPAIR OF THE HOME AND WKDING ANY AND ALL CLAIMS AGAINST SELLER AND/OR BNTS, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, A Q HURERS OR OTHER THIRD PARTIES JOINED IN ACCORDANCE WITH SUBPABAGRAPH 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 () ONE (1) OR MORE ALLEGED “CONSTRUCTION DEFECTS” (AS DEFINED BY THE ACT), (I) THE CLAIMANT(S) SEEKS ONLY THOSE REMEDIES APPLICABLE TO CONSTRUCTION DEFECTS
DED) (THE “ACT”), IF THE DISPUTE IS FOR ONLY () 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 (IH) THE CLAIMANT(S) ASSERTS NO OTHER CLAIMS AND SEEKS NO OTHER REMEDIES APART FROM (1) AND (ID, THEN THE ARBITRATION SHALL BE CONDUCTED AND ADMINISTE IN ACCORDANCE WITH THE BUILDER LIMITED WARRANTY (AS DEFI HE CONTRACT).
Cc. ARBITRATION OF ALL OTHER DISPUTES. IN ALB H ARE NOT GOVERNED BY SUBPARAGRAPH 4.B ABOVE (INGLUB VITHOUT LIMITATION, ALL INSTANCES WHERE CONSTRUCTION geet KAIMS ARE JOINED WITH OTHER CLAIMS), THE ARBITRATIO L PMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATI (“AAAY)-EN” ACCORDANCE WITH ITS CONSTRUCTION INDUSTRY IT ON RULES (AS SUPPLEMENTED BY AAA SUPPLEMENTARY PR S FOR CONSUMERRELATED DISPUTES, WHERE APPLICABL DEMAND FOR ARBITRATION IS FILED.
AT THE TIME THE FAST TRACK PROCEDURES XRITTEN CONSENT OF ALL D A REASONABLE TIME AFTER ARTY REQUESTING RELIEF SHALL RATION AND PAY APPLICABLE FILING FEES EDING SHALL BE CONDUCTED IN THE FEDERAL JUDICIAL/D ERE THE PROPERTY IS LOCATED, UNLESS OTHERWISE AGREED ARTIES. IN ALL INSTANCES, THE PARTIES MAY AGREE UPON ARBITRATOR, BUT IN THE EVENT THE PARTIES CANNOT AGRE I SHALL BE THREE (3) NEUTRAL ARBITRATORS dashed IN A DANCE WITH THE APPLICABLE ARBITRATION RULES.
SEE (3) NEUTRAL ARBITRATORS APPOINTED IN ACCORDANCE PPLICABLE ARBITRATION RULES, WITH THE COST OF THE TWO NAL ARBITRATIORS BEING ADVANCED BY THE SELLER. UNLESS LICABLE 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)
ISE, 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 DISMISSA SUCH LITIGATION; OR (B) INCURRED IN JUDICIALLY COMPE ARBITRATION. THE FOREGOING DOES NOT PRECLUDE A PAR# LOM SEEKING EMERGENCY RELIEF FROM A COURT OF JURISDICTION AND THE PROSECUTION OF A REQUEST FOR RELIEF WILL NOT BE DEEMED A WAIVER OF THE ARBITRATI® CONTAINED HEREIN.
E. JOINDER: THE PARTIES AGREE THA IN ANY ARBITRATION PROCEEDING CONDUCTED HE DE OR MORE OF SELLER’S SUBCONTRACTORS, SPECIALTY T ORS, MATERIAL SUPPLIERS, ENGINEERS, DESIGNERS AND/OR ER PERSONS OR ENTITIES (COLLECTIVELY WHETHER OR RE “THIRD-PARTY”) WHERE: (A) THE SERVICES PROVIDED, W ERFORMED OR MATERIALS SUPPLIED BY SUCH THIRD-PARTY E BASIS, DIRECTLY OR INDIRECTLY, IN WHOLE OR PAR POF MS MADE THE SUBJECT OF THE ARBITRATION PROCEEDING; YQ’ RD-PARTY IS SUBSTANTIALLY INVOLVED IN A COMMON QUE a FACT OR LAW; OR (C) THE
UCH THIRD-PARTY E BASIS, DIRECTLY OR INDIRECTLY, IN WHOLE OR PAR POF MS MADE THE SUBJECT OF THE ARBITRATION PROCEEDING; YQ’ RD-PARTY IS SUBSTANTIALLY INVOLVED IN A COMMON QUE a FACT OR LAW; OR (C) THE PRESENCE OF SUCH THIRD-PAJ Ss RPOUIRED TO ACCORD THE PARTIES COMPLETE RELIEF ne oN F. _ FINANCI ae THAT IT HAS ADEQ’ ARBITRATION RE SEATON | NING QIN CAPACITY TO AVAIL ITSELF OF THE B bie IDED HEREIN AND THAT PARTICIPATION IN Cy YNSTITUTE A FINANCIAL HARDSHIP.
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.
7, Miscellaneous.
(a) Invalidity. If any portion of this Declaration is held invalid or‘ far as is reasonable and possible, the remainder of this Declaration s entse operative, and effect shall be given to the intent manifested by thé 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 Sovefned by and construed in 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 Declarati ay which shall constitute an original and oh 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 sHfopo s, Declarant’s reasonable and necessary attorney’s fees and litigation expenses i ng this Declaration.
(e) Declaration shall be recorded in the Real Property Records of each county in whid 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.,
claration 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 Name: // oD NSA) Title: “Closing Ligent — ACCEP D AGREED: RACHEL DANIELLE MAHER ~ . 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 Nov. S , 20 16 by TK h , Closing Agent of Nee Bomebuliders, Ine., a Texas cofporatibn and general partner of MHI Partnership, Ltd, a Texas limited partne on behalf of said entities.
Wy, JESSICA SANCHEZ.
Ke vee Notary Public, State of Texas } nae 07/30/2011 STATE OF TEXAS COUNTY OF a AV(Gnt This instrument was acknowledged beforg by the above signed “Buyer(s)”.
ait) wg tu, ee SNe ny ; ov A ORDATION 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