Page 1 of 7 Electronically Recorded Tarrant County Texas Official Public Records 4/25/2011 8:12 AM D211094892 , 5 Sods exe ves PGS 7 $40.00 ! axuife =a Submitter: LANDATA hb sack | [iF0d 304 AOU IN?
DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (hereinafter “Declatation’”) as follows: RECITALS A. Property Address: 10412 Winding Passage Way Fort Worth, TX 76131 (hereinafter “Property,” consis of the improvements thereon).
B. Seller: MHI Partnership, L (hereinafter “Seller’’).
Cc, Buyers(s): January Lajayne Fe (hereinafter <ylec D. Legal Description: E. Closing Date: akes this Declaration for the purpose of subjecting the Property to one or ? restrictive covenants as more particularly described below. Buyer joins herein y 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 subjccts 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 Ls 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 oblygations (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” Buyer, together with any holder of any legal or equitable interest in the Prope THEREOF, HOLDER TRREVOCABLY ACKNOWLEDGES ABIDE BY
with the Property. For purposes of this Declaration, the term “Holder” Buyer, together with any holder of any legal or equitable interest in the Prope THEREOF, HOLDER TRREVOCABLY ACKNOWLEDGES ABIDE BY THE TERMS AND PROVISIONS OF THIS DECLARATION Covenant Period, this Declaration shall automaticall) except as to arbitration and/or legal proceedings the expiration of the Covenant Period appealable arbitration award or judgment.
a aid an affiliate of them becomes the hold K € to the Property, this Declaration shall automatically terminate and be of{no sot effect as to Declarant, Seller, such affiliate, 4, A. MZREEMENT TO ARBITRATE. ANY CLAIM OR CONTROVERSY A NOQUT OF OR RELATING TO THE CONTRACT, THE RELATING DIRECTLY OR INDIRECTLY TO THE ASE, CONSTRUCTION OR REPAIR OF THE HOME AND ICH ARE THE SUBJECT OF THE CONTRACT, AND/OR THE CBYDING ANY AND ALL CLAIMS AGAINST SELLER AND/OR TS, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, , DEVELOPERS, SUBCONTRACTORS, MATERIALMEN, SUPPLIERS, RERS OR OTHER THIRD PARTIES JOINED IN ACCORDANCE WITH SUBP. 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.
BREACH THER CONTRACT 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), (11) THE CLAIMANT(S)
SSION 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), (11) THE CLAIMANT(S) SEEKS ONLY THOSE REMEDIES APPLICABLE TO CONSTRUCTION DEFECTS AVAILABLE UNDER THE ACT, AND (III) THE CLAIMANT(S) ASSERTS NO OTHER CLAIMS AND SEEKS NO OTHER REMEDIES APART FROM (D AND (I), AHEN THE ARBITRATION SHALL BE CONDUCTED AND ADMINISTE IN ACCORDANCE WITH THE BUILDER LIMITED WARRANTY (AS DEFIN. E CONTRACT).
C. ARBITRATION OF ALL OTHER DISPUTES. IN ALL H ARE NOT GOVERNED BY SUBPARAGRAPH 4.B ABOVE (INCLUDING WITHOUT LIMITATION, ALL INSTANCES WHERE CONSTRUCTION D FEC S ARE JOINED WITH OTHER CLAIMS), THE ARBITRATIO \ BEA BY THE AMERICAN ARBITRATION ASSOCIATI ACCORDANCE WITH ITS CONSTRUCTION INDUSTRY SUPPLEMENTED BY AAA SUPPLEMENTA RELATED DISPUTES, WHERE APPLICAB DEMAND FOR ARBITRATION IS FILED.
SHALL APPLY ONLY UPON THE FU PARTIES TO THE ARBITRATION PROC ON RULES (AS FOR CONSUMERAT THE TIME THE PARTY REQUESTING RELIEF SHALL FILE A WRITTEN DEMA} us OR A ATION AND PAY APPLICABLE FILING ATION\ PROCEEDING SHALL BE CONDUCTED IN THE R ERE THE PROPERTY IS LOCATED, UNLESS 4 PARTIES. IN ALL INSTANCES, THE PARTIES =e ARBITRATOR, BUT IN THE EVENT THE PARTIES HR HALL BE THREE (3) NEUTRAL ARBITRATORS A dco} NANCE WITH THE APPLICABLE ARBITRATION RULES.
IN THE EVES Expr LICABLE ARBITRATION RULES MANDATE THAT THE & SUBMITTED TO A SINGLE ARBITRATOR AND THE PARTIES TO THE SELECTION OF SUCH ARBITRATOR, THEN THERE THE CONTROVERSY HAS ARI 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)
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 DISMISSAL OF SUCH LITIGATION; OR (8B) INCURRED IN JUDICIALLY COMP.
ARBITRATION. THE FOREGOING DOES NOT PRECLUDE A i SEEKING EMERGENCY RELIEF FROM A _ COURT OF JURISDICTION AND THE PROSECUTION OF A REQUEST FOR RELIEF WILL NOT BE DEEMED A WAIVER OF THE ARBITRATIO CONTAINED HEREIN.
E, JOINDER: THE PARTIES AGREE THA ARBITRATION PROCEEDING CONDUCTED HER SELLER’S SUBCONTRACTORS, SPECIALTY SUPPLIERS, ENGINEERS, DESIGNERS ANR(OR St ENTITIES (COLLECTIVELY WHETHER OR “THIRD-PARTY”) WHERE: (A) THE SERVICES PROVIDED, WO ERFORMED OR MATERIALS SUPPLIED BY SUCH THIRD-PARTY E BASIS, DIRECTLY OR INDIRECTLY, IN WHOLE OR PAR MS MADE THE SUBJECT OF THE ARBITRATION PROCEEDING; RD-PARTY IS SUBSTANTIALLY FACT OR LAW; OR (C) THE EBY WAIVES VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO OURT OF LAW AND THE RIGHT TO TRIAL BY JURY.
S MADE THE SUBJECT OF THE ARBITRATION PROCEEDING; RD-PARTY IS SUBSTANTIALLY FACT OR LAW; OR (C) THE EBY 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 thg,defect pursuant to an accepted offer of settlement; or (iii) that the Holder rejected offered work.
de Miscellaneous.
this Declaration shall be deemed not to be a waiver of suc other party the same or any other term or provision.
d offer of settlement; or (iii) that the Holder rejected offered work.
de Miscellaneous.
this Declaration shall be deemed not to be a waiver of suc other party the same or any other term or provision.
(b) Governing Law. This Declaration ecuted in multiple counterparts, each of When taken together shall constitute one (d) siiall be entitled to recover from Holder, Holder’s successors, assigns and s¥bybgating pactigs, Declarant’s reasonable and necessary attorney’s fees and litigation expenses in orcing this Declaration.
(e) Declaration shall be recorded in the Real Property Records of each county in which the Paoperty is located.
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 y cP cP LIK 9/01/07 Declaration of Restrictive Covenants Page 6 of 7 Page 7 of 7 STATE OF TEXAS) § _ COUNTY OE Daillas- § by, ! Nos , 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.
: Wey, sey, NICOLE ROBERT 62 Notary Public, State of Texas ws My Commission Expires 01/09/2014 STATE OF TEXAS § COUNTY oF Quarks This instrament was acknowledged before by the above signed “Buyer(s)”.
F wll, wily, NICOLE “{ Notary Public, State of My Commission Exgfirg 4 BEANS.
i) i ulti, x ¥ nas er A RDATION RET RIGINAL TO: Ray Holan McGuyer Homebuilders, Inc.
e above signed “Buyer(s)”.
F wll, wily, NICOLE “{ Notary Public, State of My Commission Exgfirg 4 BEANS.
i) i ulti, x ¥ nas er A 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