Page 1 of 7 Electronically Recorded Tarrant County Texas Official Public Records 7/3/2013 10:05 AM D213173067 L ‘ 1 prpctovuce tan thie PGS 7 $40.00 Submitter. LANDATA Mary Louise Garcia : Lo | ore L005 1A ow ANG So DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (hereinafter “Declarfaiion’’) is made by MHI PARTNERSHIP, LTD. (hereinafter “Declarant”), a Texas limited p ip, as follows: RECITALS A. Property Address: 10421 Rising Knoll Lane Fort Worth, TX 76131 (hereinafter “Property,” consistifig4é improvements thereon).
B. Seller: MHI Partnership, LTD (hereinafter |“Seller’’).
bth Martinez C. Buyers(s): George Salazar an whether one or more).
(hereinafter cgftecti D. Legal Description: orth, Tarrant County, Texas.
g lot, block, subdivision, section and county).
E. Closing Date: t mdkes this Declaration|for the purpose of subjecting the Property to one or estrictive covenants as more particularly described below. Buyer joins herein 6 evidence Buyer’s acceptance of the Property subject to this Declaration and 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 iL. 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 obligations of this. Declaration shall be binding upon the parties and their respective successors and ‘asi
rs 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 ‘asi (including any future owner or occupier of the Property), and shall be deemed to be*veayand that run with the Property. For purposes of this Declaration, the term “Holder” shat¢ right of occupancy. BY ACCEPTANCE OF A DEED TO THE PROP PORTION THEREOF, OR BY OCCUPANCY OF THE PROPERTY/OR al ave a term of fifteen (15) years (the “Covenant Period”) commencing on the Closi g Bate’ At the conclusion of the efno further force or effect, except as to arbitration and/or legal proceedings whichN\are in progress at the time of its expiration. In those instances, this Declaration shg as, to the proceedings in progress at the expiration of the Covenant Period unt the f appealable arbitration award or judgment. wat an affiliate of them becomes the holdet_o automatically terminate and be of no 2 or the Property.
eto the Property, this Declaration shall effect as to Declarant, Seller, such affiliate, 4.
A EMENT TO ARBITRATE. ANY CLAIM OR CONTROVERSY A ODT OF OR RELATING TO THE CONTRACT, THE BREACH THEREOE LATING DIRECTLY OR INDIRECTLY TO THE CONTRACT, RUF ASE, CONSTRUCTION OR REPAIR OF THE HOME AND IMPROVEME ARE THE SUBJECT OF THE CONTRACT, AND/OR THE BING ANY AND ALL CLAIMS AGAINST SELLER AND/OR S, PARTNERS, | SHAREHOLDERS, OFFICERS, DIRECTORS, A A RS OR OTHER THIRD PARTIES JOINED IN ACCORDAN CE WITH 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
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 PROCED S SHALL APPLY ONLY UPON THE FURTHER WRITTEN CONSENT O L PARTIES TO THE ARBITRATION PROCEEDING.
FILE A WRITTEN DEMAND FOR ARBITRATION AND PAY A FEES. THE ARBITRATION PROCEEDING SHALL BE CQ FEDERAL JUDICIAL DISTRICT WHERE THE PROPER OTHERWISE AGREED BY THE PARTIES. IN AL MAY AGREE UPON ONE (1) ARBITRATOR, BUT CANNOT AGREE, THERE SHALL BE THREE (© AL ARBITRATORS APPOINTED IN ACCORDANCE WITH THE APBLICAB ARBITRATION RULES.
Q ULES MANDATE THAT THE Re RATOR AND THE PARTIES ES, WITH THE COST OF THE TWO CANNOT AGREE AS TO THE SELEC ae SHALL BE THREE (3) NEUTRAL AR WITH THE APPLICABLE ARBITRA (2) ADDITIONAL ARBITRATIORS & ADVANCED BY THE SELLER. UNLESS THE APPLICABLE ARBIKRY N ES MANDATE OTHERWISE, ALL ARBITRATORS SHALL B. AT LAW, LICENSED TO PRACTICE IN THE STATE OF TE STANTIAL EXPERIENCE IN THE SINGLE YTION INDUSTRY. IF THERE IS ONLY ONE (1) NWS SHALL BE BINDING AND CONCLUSIVE ON THE PARTIES. IFASHERENARE THREE (3) ARBITRATORS, THE DECISION OF ALE BINDING AND CONCLUSIVE. COSTS OF ARBITRATION
SINGLE YTION INDUSTRY. IF THERE IS ONLY ONE (1) NWS SHALL BE BINDING AND CONCLUSIVE ON THE PARTIES. IFASHERENARE THREE (3) ARBITRATORS, THE DECISION OF ALE BINDING AND CONCLUSIVE. COSTS OF ARBITRATION TWEEN OR AMONG THE PARTIES AS PROVIDED BY ARBITRATION RULES, OR IN THE ABSENCE OR OF SUCH RULES, AS DETERMINED BY THE ARBITRATOR(S).
COMMENCES, LITIGATION IN VIOLATION OF THIS 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-PAR.
WHERE: (A) THE SERVICES PROVIDED, WORK PERFORMED OR MATERIS SUPPLIED BY SUCH THIRD-PARTY FORMS THE BASIS, DIRECT!
INDIRECTLY, IN WHOLE OR PART, OF THE CLAIMS MADE THE THE ARBITRATION PROCEEDING; (B) SUCH THIRD-PARTY IS SUR INVOLVED IN A COMMON QUESTION OF FACT OR LAW; COMPLETE RELIEF IN THE ARBITRATION.
E. FINANCIAL CAPACITY. HOLDER AC WL THAT IT HAS ADEQUATE FINANCIAL CAPACIT A ITSELF OF THE ARBITRATION REMEDIES PROVIDED HEREIN AN ARTICIPATION IN ARBITRATION WILL NOT CONSTITUTE AF CIAL SHIP.
GREE THAT IF ANY CLAIM , WHETHER BY MUTUAL \SONS, EACH PARTY AGREES TO RY. HOLDER ACKNOWLEDGES 5. WAIVER OF JURY TRIAL: T.
OR CONTROVERSY IS TRIED IN en CONSENT OF THE PARTIES OR FOR
UTE AF CIAL SHIP.
GREE THAT IF ANY CLAIM , WHETHER BY MUTUAL \SONS, EACH PARTY AGREES TO RY. HOLDER ACKNOWLEDGES 5. WAIVER OF JURY TRIAL: T.
OR CONTROVERSY IS TRIED IN en CONSENT OF THE PARTIES OR FOR 6. C is a prevailing party in any legal or arbitration proceeding arising out of o diréefly or indirectly, to the Contract, the sale, conveyance, construction or repair of. theNhome Whi Et the subject of this Contract and/or the Property, Seller shall be entitled Seove older, Holder’s successors, assigns and subrogating ad ¢xpenses. (Seller shall be considered a prevailing party in any aly er successfully prosecutes the action or successfully defends against it, as well gs ta any procteding subject in whole or in part to the Texas Deceptive Trade Practices-ConsumeProtedttion, Act, TEX. Bus. & COMM. CODE ANN. § 17.41, ef seg. ('DTPA") and/or the identjal “Construction Liability Act, TEx. Prop. CODE ANN. § 27.001, ef seq.
("RCLA fhore a determination is made: (i) pursuant to DTPA Section 17.5052 that a 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
ve, 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 cefistrugd\ i instrument.
(d) Attorney’s Fees. Declarant shall be entitled successors, assigns and subrogating parties, Declarant’s and litigation expenses incurred in enforcing this Dectaré (e) Recording. This Declaration shall 4 each county in which the Property is locate (Remainder of page blank. C 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: y A Name: KY 7 “> (NS 7 Title: Closing Agehi ACCEPT D AGREED: LY fi O Vera Azeneth 9/01/07 Declaration of Restrictive Covenants Page 6 of 7 Page 7 of 7 STATE OF TEXAS § oN § COUNTY OF Dafias/ CQUQVASS EDafias) § — is i was acknowledged before me ot, VEL RR a 5 , 20 / ¥ 5 by \ 7 Bi : 3 Cr , Closing Agent of McGuyer Homebuilders, Inc., a Texas corporatfon and general partner of MHI Partnership, Ltd., a Texas limited partnership, on behalf of said entities.
on NICOLE ROBERT f, wt PYG, Notary Public, State of Te S, Ne t Texas | —% notary Public. State ot : Gee My Commission Expires Maes — 1109/2014 atin aheeyy MSNA, sos Ee
hip, on behalf of said entities.
on NICOLE ROBERT f, wt PYG, Notary Public, State of Te S, Ne t Texas | —% notary Public. State ot : Gee My Commission Expires Maes — 1109/2014 atin aheeyy MSNA, sos Ee STATE OF TEXAS § This instrument was acknowledged before p by the above signed “Buyer(s)”.
Ray Holan McGuyer Homebuilders, Inc.
7676 Woodway, Suite 104 Houston, Texas 77063 9/01/07 Declaration of Restrictive Covenants : Page 7 of 7