Page 1 of 7 Electronically Recorded Tarrant County Texas Official Public Records 1/31/2013 9:12 AM D213025707 t. i 3 MV pryctouirt —_ PGS 7 $40.00 Mary Louise Garci Su tter: LANDATA DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (hereinafter “Declaration”) is made by MHI PARTNERSHIP, LTD. (hereinafter ““Declarant’”), a ‘Texas limited partnershi as follows: RECITALS A. Property Address: 601 Goldstone Lane Fort Worth, TX 76131 (hercinaftcr “Property,” consisty c improvements thereon).
abpreperty and all B. Seller: MAT Partnership, LTP (hereinafter “‘Seller’’).
Cc. Buyers(s): Randy Molina Jr.
(hereinafter cNecti D. Legal Description: Lot 13, in orth, Tarrant County, Texas.
é lot, block, subdivision, section and county).
E. Closing Date: akes this Declaration for the purpose of subjecting the Property to one or trictive covenants as more particularly described below. Buyer joins herein 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 | of 7 Page 2 of 7 DECLARATION I. Recitals. The Recitals set forth above are incorporated herein as a substantive part of this Declaration.
2s 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 obligations of this Declaration shall be binding upon the parties and their respective successors and \s3j (including any future owner or occupier of the Property), and shall be deemed to be’teyéna
nd obligations of this Declaration shall be binding upon the parties and their respective successors and \s3j (including any future owner or occupier of the Property), and shall be deemed to be’teyéna that run with the Property. For purposes of this Declaration, the term “Holder” shaH-c 3. Term. Except as provided below, this Decla (15) years (the “Covenant Period”) commencing on the g Covenant Period, this Declaration shall automaticall sire and Be-efno further force or effect, except as to arbitration and/or legal proceedings witichNare in progress at the time of its expiration. In those instances, this Declaration shi 1 to the proceedings in progress at the expiration of the Covenant Period unt#\jhe appealable arbitration award or judgment. Not an affiliate of them becomes the holder of leg automatically terminate and be of no Corto oe or the Property. 3S OO) SS to the Property, this Declaration shall effect as to Declarant, Seller, such affiliate, 4.
iA, SKEEMENT TO ARBITRATE. ANY CLAIM OR CONTROVERSY A QDT OF OR RELATING TO THE CONTRACT, THE BREACH THERE RELATING DIRECTLY OR INDIRECTLY TO THE CONTRACT, TH SE, CONSTRUCTION OR REPAIR OF THE HOME AND H ARE THE SUBJECT OF THE CONTRACT, AND/OR THE NG ANY AND ALL CLAIMS AGAINST SELLER AND/OR RS OR OTHER THIRD PARTIES JOINED IN ACCORDANCE WITH PH 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
NTERSTATE 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 PROCED SHALL APPLY ONLY UPON THE FURTHER WRITTEN CONSENT O PARTIES TO THE ARBITRATION PROCEEDING.
ATED, UNLESS . Sy THE PARTIES MAY AGREE UPON ONE (1) ARBITRATOR, BUT ENT THE PARTIES CANNOT AGREE, THERE SHALL BE THREE (3 RAL ARBITRATORS APPOINTED IN ACCORDANCE WITH THE APRLICAB ARBITRATION RULES.
IN THE EVENT THE APPLICABLE ARBITRATION RULES MANDATE THAT THE DISPUTE SHALL BE SUBMITTED TO A SINGLE RL RATOR AND THE PARTIES CANNOT AGREE AS TO THE SELE AYO OP SUGH ARBITRATOR, THEN THERE SHALL BE THREE (3) NEUTRAL A gn ne OF 8 APPOINTED IN ACCORDANCE WITH THE APPLICABLE ARBITRAFION RDBLES, WITH THE COST OF THE TWO (2) ADDITIONAL ARBITRATIORY BE APVANCED BY THE SELLER. UNLESS THE APPLICABLE ARBI£RA ox 8 ES MANDATE OTHERWISE, ALL ARBITRATORS SHALL A QRNEYS AT LAW, LICENSED TO PRACTICE IN THE STATE OF TEX/ NEX\SUBSTANTIAL EXPERIENCE IN THE SINGLE FAMILY RESIDENTIAL ARBITRATOR, HIS CON THE PARTIES. IF/THE ONS SHALL BE BINDING AND CONCLUSIVE ON ARE THREE (3) ARBITRATORS, THE DECISION OF § BINDING AND CONCLUSIVE. COSTS OF ARBITRATION SHALL BE ALEOCATED BETWEEN OR AMONG THE PARTIES AS PROVIDED BY THE APP RaRDR ARBITRATION RULES, OR IN THE ABSENCE OR ARINITYGF SUCH RULES, AS DETERMINED BY THE ARBITRATOR(S).
IVE. COSTS OF ARBITRATION SHALL BE ALEOCATED BETWEEN OR AMONG THE PARTIES AS PROVIDED BY THE APP RaRDR ARBITRATION RULES, OR IN THE ABSENCE OR ARINITYGF SUCH RULES, AS DETERMINED BY THE ARBITRATOR(S).
AR COMMENCES LITIGATION IN VIOLATION OF THIS AYIQN, OR FAILS OR REFUSES TO TIMELY SUBMIT TO ARBITRATION ANCE WITH THIS CONTRACT, SUCH PARTY SHALL REIMBURSE THE © ER 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 e.
.
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-PA} WHERE: (A) THE SERVICES PROVIDED, WORK PERFORMED OR MATE) SUPPLIED BY SUCH THIRD-PARTY FORMS THE BASIS, DIRE@ INDIRECTLY, IN WHOLE OR PART, OF THE CLAIMS MADE THE § COMPLETE RELIEF IN THE ARBITRATION.
E. FINANCIAL CAPACITY. HOLDER ACKXKO THAT IT HAS ADEQUATE FINANCIAL CAPACIT AVJAIL ITSELF OF THE ARBITRATION REMEDIES PROVIDED HER ARTICIPATION IN ARBITRATION WILL NOT CONSTITUTE A FRVA SHIP.
5 WAIVER OF JURY TRIAL: TH. GREE THAT IF ANY CLAIM OR CONTROVERSY JS TRIED IN A AW, WHETHER BY MUTUAL CONSENT OF THE PARTIES OR FOR O ONS, EACH PARTY AGREES TO BY JURY. HOLDER ACKNOWLEDGES
FRVA SHIP.
5 WAIVER OF JURY TRIAL: TH. GREE THAT IF ANY CLAIM OR CONTROVERSY JS TRIED IN A AW, WHETHER BY MUTUAL CONSENT OF THE PARTIES OR FOR O ONS, EACH PARTY AGREES TO BY JURY. HOLDER ACKNOWLEDGES THAT IT HEREBY WAIVES VALUABI Af, RIGHTS, INCLUDING THE RIGHT TO TRIAL IN A COURT OF LA AR Ks T TO TRIAL BY JURY.
which is the subject of this Contract and/or the Property, e7from Holder, Holder’s successors, assigns and subrogating geding, investigative costs, expert fees, reasonable attorneys’ fees expenses. Seller shall be considered a prevailing party in any éeding subject in whole or in part to the Texas Deceptive Trade Practices— section Act, TEX. Bus. & COMM. CODE ANN. § 17.41, et seq. ("DTPA") and/or the idential Construction Liability Act, TEx. PRop. CODE ANN. § 27.001, ef seq.
sre a determination is made: (i) pursuant to DTPA Section 17.5052 that a settlemént-effer 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 de 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
id 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 cg accordance with the laws of the State of Texas (except as to construction and enforee foregoing arbitration provisions, which shall be governed by the laws of the Uni (c) Counterparts. This Declaration may be executed in multip instrument.
(d) Attommey’s Fees. Declarant shall be entitled\ td, recové successors, assigns and subrogating parties, Declarant’ an and litigation expenses incurred in enforcing this Decla (e) Recording. This Declaration shall 4 each county in which the Property is locatega, (Remainder of page blank. ex ~ Dp pear 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 LQ AMANG Atri lar Dianna Bermea 9/01/07 Declaration of Restrictive Covenants Page 6 of 7 Page 7 of 7 RETURN ORIGINAL TO: Ray Holan McGuyer Homebuilders, Inc.
7676 Woodway, Suite 104 Houston, Texas 77063 ON MARY STATE OF TEXAS COUNTY OF Tavant 888888 This instrument was acknowledged before me on by the above signed "Buyer(s)".
by STATE OF TEXAS TEXAS Tavant COUNTY OF Dallas § This instrument was acknowledged before me on This intent wowledged Jan 25 2013,
trument was acknowledged before me on by the above signed "Buyer(s)".
by STATE OF TEXAS TEXAS Tavant COUNTY OF Dallas § This instrument was acknowledged before me on This intent wowledged Jan 25 2013, , 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.
NOTAR ........................
PUBLI STATE OF TE NICOLE ROBERT Notary Public, State of Texas My Commission Expires 01/09/2014 Notary Public, State of Texas Unoicial Copy Notary Public, State of Texas 25 20/3.
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