Page 1 of 7 Electronically Recorded Tarrant County Texas Official Public Records 6/27/2012 2:14PM D212154167 * BGS: # $40.00 Olucst ban bee Mary Louise Garcia Submitter. LANDATA cb sell) 412081 oxen L222 DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (hereinafter “Declaration”) is made by MHI PARTNERSHIP, LTD. (hereinafter “Declarant’”’), a Texas limite ship, as follows: RECITALS A. Property Address: 10460 Evening View Drive Fort Worth, TX 76131 (hereinafter “Property,” consi of th improvements thereon).
property and all B. Seller: MHI Partnership, L (hereinafter ‘“‘Seller’’).
C. Buyers(s): Dz. Legal Description: makes 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.
D. 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 ohgations 3 Term. Except as provided below, this Declara (15) years (the “Covenant Period”) commencing onA Covenant Period, this Declaration shall automatical except as to arbitration and/or legal proceeding expiration. In those instances, this Declaration
(15) years (the “Covenant Period”) commencing onA Covenant Period, this Declaration shall automatical except as to arbitration and/or legal proceeding expiration. In those instances, this Declaration the expiration of the Covenant Period wf) thk appealable arbitration award or judgment. Notwithsts an affiliate of them becomes the hol eee e to the Property, this Declaration shall automatically terminate and be pfno er Hxcd-r effect as to Declarant, Seller, such affiliate, or the Property.
be of no further force or effect, Pyare in progress at the time of its 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 DISPUTES. IN ALL CASES (INCLUDING WITHOUT LIMITATION, ALL INSTANCES WHERE CONSTRUCTION DEFECT CLAIMS ARE JOINED WITH OTHER CLAIMS), THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS CONSTRUCTION INDUSTRY ARBITRATION RULES (AS SUPPLEMENTED BY AAA SUPPLEMENTARY PROCEDURES FOR CONSUMERRELATED DISPUTES, WHERE APPLICABLE) IN EFFECT AT THE TIME THE DEMAND FOR ARBITRATION IS FILED. AAA FAST TRACK PROC RES SHALL APPLY ONLY UPON THE FURTHER WRITTEN CONSENT, O LL PARTIES TO THE ARBITRATION PROCEEDING.
Cc. GENERAL PROVISIONS. WITHIN A REASONAB R THE CONTROVERSY HAS ARISEN, THE PARTY REQUESTIN SHALL FILE A WRITTEN DEMAND FOR ARBITRATION AND PAY A FILING FEES. THE ARBITRATION PROCEEDING SHAL IN THE FEDERAL JUDICIAL DISTRICT WHERE THE PROJ ATED, UNLESS
TROVERSY HAS ARISEN, THE PARTY REQUESTIN SHALL FILE A WRITTEN DEMAND FOR ARBITRATION AND PAY A FILING FEES. THE ARBITRATION PROCEEDING SHAL IN THE FEDERAL JUDICIAL DISTRICT WHERE THE PROJ ATED, UNLESS OTHERWISE AGREED BY THE PARTIES. IN Al ANCES, THE PARTIES MAY AGREE UPON ONE (i) ARBITRATOR, BUT } VENT THE PARTIES NEU AL ARBITRATORS APPOINTED IN ACCORDANCE WITH THE APRLICABLE ARBITRATION RULES.
IN THE EVENT THE APPLICABLE ARBITRA (2) ADDITIONAL ARBITRA THE APPLICABLE ABA RULES MANDATE OTHERWISE, ALL YSLTQRNEVS AT LAW, LICENSED TO PRACTICE IN THE STATE OF TEXAKXAWEIEK SUBSTANTIAL EXPERIENCE IN THE SINGLE FAMILY RESIDENTIA 5 RVARE THREE (3) ARBITRATORS, THE DECISION OF JE/ BINDING AND CONCLUSIVE. COSTS OF ARBITRATION ITY OF SUCH RULES, AS DETERMINED BY THE ARBITRATOR(S).
SBTY COMMENCES LITIGATION IN VIOLATION OF THIS ON, OR FAILS OR REFUSES TO TIMELY SUBMIT TO ARBITRATION ANCE WITH THIS CONTRACT, SUCH PARTY SHALL REIMBURSE THE R 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 COMPELLING ARBITRATION. THE FOREGOING DOES NOT PRECLUDE A PARTY FROM SEEKING EMERGENCY RELIEF FROM A COURT OF COMPETENT JURISDICTION AND THE PROSECUTION OF A REQUEST FOR EMERGENCY 9/01/07 Declaration of Restrictive Covenants Page 3 of 7 Page 4 of 7 RELIEF WILL NOT BE DEEMED A WAIVER OF THE ARBITRATION PROVISIONS CONTAINED HEREIN.
D. JOINDER: THE PARTIES AGREE THAT SELLER MAY JOIN IN ANY ARBITRATION PROCEEDING CONDUCTED HEREUNDER, ONE OR MORE OF SELLER’S SUBCONTRACTORS, SPECIALTY CONTRACTORS, MATERIAL SUPPLIERS, ENGINEERS, DESIGNERS AND/OR SUCH OTHER PERSONS OR ENTITIES (COLLECTIVELY WHETHER ONE OR MORE “THIRD-P¢ WHERE: (A) THE SERVICES PROVIDED, WORK PERFORMED OR MAT
PECIALTY CONTRACTORS, MATERIAL SUPPLIERS, ENGINEERS, DESIGNERS AND/OR SUCH OTHER PERSONS OR ENTITIES (COLLECTIVELY WHETHER ONE OR MORE “THIRD-P¢ WHERE: (A) THE SERVICES PROVIDED, WORK PERFORMED OR MAT SUPPLIED BY SUCH THIRD-PARTY FORMS THE BASIS, DIREC INDIRECTLY, IN WHOLE OR PART, OF THE CLAIMS MADE THE 5 THE ARBITRATION PROCEEDING; (B) SUCH THIRD-PARTY IS INVOLVED IN A COMMON QUESTION OF FACT OR LA PRESENCE OF SUCH THIRD-PARTY IS REQUIRED TO A COMPLETE RELIEF IN THE ARBITRATION.
E. FINANCIAL CAPACITY. HOLDER A oC GES AND AGREES THAT IT HAS ADEQUATE FINANCIAL CAPACIT O IL ITSELF OF THE ARBITRATION REMEDIES PROVIDED HEBAIN A PARTICIPATION IN ARBITRATION WILL NOT CONSTITUTE A CIAL HARDSHIP.
5. WAIVER OF JURY ne T. AGREE THAT IF ANY CLAIM OR CONTROVERSY IS TRIED IN LAW, WHETHER BY MUTUAL CONSENT OF THE PARTIES OR FOR (ASONS, EACH PARTY AGREES TO WAIVE ITS RIGHTS WITH RESPEC Y JURY. HOLDER ACKNOWLEDGES THAT IT HEREBY WAIVES oA L L L RIGHTS, INCLUDING THE RIGHT TO LR H TRIAL IN A COURT OF LAMAN T TO TRIAL BY JURY.
6. Attorneys{ Kee Ws is a prevailing party in any legal or arbitration proceeding arising out AAS gNJirectly or indirectly, to the Contract, the sale, conveyance, ome™“which is the subject of this Contract and/or the Property, en pope é¢ from Holder, Holder’s successors, assigns and subrogating and expenses. Seller shall be considered a prevailing party in any ller successfully prosecutes the action or successfully defends against it, n Act, TEX. Bus. & COMM. CODE ANN. § 17.41, et seg. ("DIPA") and/or the tial Construction Liability Act, TEx. PRoP. CODE ANN. § 27.001, ef seq.
(here 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
. CODE ANN. § 27.001, ef seq.
(here 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.
9/01/07 Declaration of Restrictive Covenants Page 4 of 7 Page 5 of 7 7 Miscellaneous.
(a) Invalidity. If any portion of this Declaration is held invalid or inoperative, then so far as is reasonable and possible, the remainder of this Declaration shall be deemed valid and operative, and effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure of either party to enforce against the other party any term or provision of this Declaration shall be deemed not to be a waiver of such party’s right to enforce against the other party the same or any other term or provision.
(b) Governing Law. This Declaration shall be governed by and accordance with the laws of the State of Texas (except as to construction and epforctx foregoing arbitration provisions, which shall be governed by the laws of the o) (c) Counterparts. This Declaration may be executed in mulft which shall constitute an original and all of which when taken B instrument.
(d) Attorney’s Fees. Declarant shall be entitles successors, assigns and subrogating parties, Declarap (ec) Recording. This aba shg each county in which the Property is locate (Remainder o ‘page bla OS pear on the following page.)
WS 9/01/07 Declaration of Restrictive Covenants Page 5 of 7 Page 6 of 7
(ec) Recording. This aba shg each county in which the Property is locate (Remainder o ‘page bla OS pear on the following page.)
WS 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 9/01/07 Declaration of Restrictive Covenants Page 6 of 7 Page 7 of 7 : by STATE OF TEXAS TOUOM COUNTY OF Dallas This instrument was Hey Bo § § June 21, 2012 was, acknowledged before me on 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.
SONOTARY PUB ATE OF NICOLE ROBERT Notary Public, State of Texas My Commission Expires 01/09/2014 Notary Public, State of Texas STATE OF TEXAS COUNTY OF Tauant This instrument was acknowledged before me on by the above signed "Buyer(s)".
2012.
Unoficial Copy NOTARY ATE DE PUBLIC NICOLE Notary Public, Stats 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