Page 1 of 7 Electronically Recorded Tarrant County Official Public Records 11/19/2013 2:12PM D213297872 i .
Poy fous , PGS 7 $40.00 Mary Loujge-Garci Submitter. PROPERTY INFO GF# l 3 N WA CloserA. IC sewer 224 DECLARATION OF RESTRICTIVE COVENANTS — THIS DECLARATION OF RESTRICTIVE COVENANTS (hereinafter “Decl: is made by MHI PARTNERSHIE?, LTD. (hereinafter “Declarant’”’), a Texas limited as follows: RECITALS A. Property Address: 10505 Turning Leaf Trail Fort Worth, TX 76131 (hereinafter “Property,” consistj e red.property and all improvements thereon).
B. Seller: MHI Partnership, LT (hereinafter “Seller’’).
Cc. Buyers(s): Khristine Denise Vay (hereinafter ete i D. Legal Description: Lot 36, in Black i E tale 5 Rhad orth, TARRANT County, Texas.
lot, block, subdivision, section and county).
EB: Closing Date: F. On the Closin old and conveyed the Property to Buyer.
prac which Buyer purchased the Property from Seller (“Contract”) F. The con ing certais itration, jury waiver and attorney’s fee provisions which shall run wakes this Declaration for the purpose of subjecting the Property to one or strictive covenants as more patticularly described below. Buyer joins herein NOW, THEREFORE, Declarant hereby subjects the Property to the covenants, conditions and restrictions more particularly described below.
7/2/2013 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.
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 obliga
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 obliga of this Declaration shall be binding upon the parties and their respective successors and % (including any future owner or occupier of the Property), and shall be deemed to bg’te that run with the Property. For purposes of this Declaration, the term “Holder” shah-erre are in progress at the time of its expiration. In those instances, this Declaration sha a to the proceedings in progress at the expiration of the Covenant Period unt they p appealable arbitration award or judgment.
an affiliate of them becomes the holder automatically terminate and be of no or the Property.
oto the Property, this Declaration shall ffect as to Declarant, Seller, such affiliate, A ) S, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, DEVELOPERS, SUBCONTRACTORS, MATERIALMEN, SUPPLIERS, RS OR OTHER THIRD PARTIES JOINED IN ACCORDANCE WITH OVISIONS INCLUDED IN THE CONTRACT OR PARAGRAPH 4.E HEREOF, SHALL BE SETTLED BY BINDING ARBITRATION UNDER THE FEDERAL ARBITRATION ACT, 9 US.C., § 1, ET SEQ. HOLDER IRREVOCABLY ACKNOWLEDGES AND AGREES THAT THE TRANSACTION MADE THE BASIS OF THE CONTRACT INVOLVED AND AFFECTED INTERSTATE COMMERCE.
7/2/2013 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 CONSUMER-
TION 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 PROCEDURES SHALL APPLY ONLY UPON THE FURTHER WRITTEN CONSENT O PARTIES TO THE ARBITRATION PROCEEDING.
Cc. GENERAL PROVISIONS. WITHIN A REASONABLE OTHERWISE AGREED BY THE PARTIES. IN AL MAY AGREE UPON ONE (1) ARBITRATOR, BUT I CANNOT AGREE, THERE SHALL BE THREE (3 ‘ APPOINTED IN ACCORDANCE WITH THE APF wee ARBITRATION RULES.
IN THE EVENT THE APPLICABLE ARBITRA eles MANDATE THAT THE DISPUTE SHALL BE SUBMITTED TO A SINGLE “= SEE RATOR AND THE PARTIES CANNOT AGREE AS TO THE SELECHION est ARBITRATOR, THEN THERE SHALL BE THREE (3) NEUTRAL SRIAPPOINTED IN ACCORDANCE WITH THE APPLICABLE ARBITRAT uN , WITH THE COST OF THE TWO AD ANCED BY THE SELLER. UNLESS LES MANDATE OTHERWISE, ALL ne AT LAW, LICENSED TO PRACTICE IN | JBSTANTIAL EXPERIENCE IN THE SINGLE FAMILY RESIDENTIAL STRUCTION INDUSTRY. IF THERE IS ONLY ONE (1) SKONS SHALL BE BINDING AND CONCLUSIVE ON ; ARE THREE (3) ARBITRATORS, THE DECISION OF Aj ( Bis E \INDING AND CONCLUSIVE. COSTS OF ARBITRATION SHALL BE ALL@CATER BETWEEN OR AMONG THE PARTIES AS PROVIDED BY THE APP fan <RBITRATION RULES, OR IN THE ABSENCE OR ARIMITWOF SUCH RULES, AS DETERMINED BY THE ARBITRATOR(S).
ARTY COMMENCES LITIGATION IN VIOLATION OF THIS YyNYOR FAILS OR REFUSES TO TIMELY SUBMIT TO ARBITRATION CE WITH THIS CONTRACT, SUCH PARTY SHALL REIMBURSE (2) ADDITIONAL OR ARBILOAT SRN THE APPLICABLE ARB as ARBITRATORS SHALL THE STATE OF TE ANY TWO (2) S FEES: (A) INCURRED IN SEEKING A STAY, ABATEMENT OR DISMISSAL OF
ONTRACT, SUCH PARTY SHALL REIMBURSE (2) ADDITIONAL OR ARBILOAT SRN THE APPLICABLE ARB as ARBITRATORS SHALL THE STATE OF TE ANY TWO (2) 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 7/2/2013 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-PARTY”) WHERE: (A) THE SERVICES PROVIDED, WORK PERFORMED OR MATERM SUPPLIED BY SUCH- THIRD-PARTY FORMS THE BASIS, DIRE INDIRECTLY, IN WHOLE OR PART, OF THE CLAIMS MADE THE THE ARBITRATION PROCEEDING; (B) SUCH THIRD-PARTY IS SUBSF¢ INVOLVED IN A COMMON QUESTION OF FACT OR LAW($ GR PRESENCE OF SUCH THIRD-PARTY IS REQUIRED TO ACC © H COMPLETE RELIEF IN THE ARBITRATION.
PUGES’AND AGREES A] ITSELF OF THE SXAGREE THAT IF ANY CLAIM d WHETHER BY MUTUAL SONS, EACH PARTY AGREES TO RY. HOLDER ACKNOWLEDGES 5. WAIVER OF JURY TRIAL: TH OR CONTROVERSY IS TRIED IN AA is CONSENT OF THE PARTIES OR FOR‘@PRBR/R WAIVE ITS RIGHTS WITH RESPECT TO.1R)N THAT IT HEREBY WAIVES VALU TRIAL IN A COURT OF LAW, AND u 1s a prevailing party in any legal or arbitration y or indirectly, to the Contract, the sale, conveyance, hich is the subject of this Contract and/or the Property, om Holder, Holder’s successors, assigns and subrogating
ty in any legal or arbitration y or indirectly, to the Contract, the sale, conveyance, hich is the subject of this Contract and/or the Property, om Holder, Holder’s successors, assigns and subrogating deding, investigative costs, expert fees, reasonable attommeys' fees gxpenses. Seller shall be considered a prevailing party in any 6.
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.
7/2/2013 Declaration of Restrictive Covenants Page 4 of 7 Page 5 of 7 Ls 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 cofist accordance with the laws of the State of Texas (except as to construction and enfozeeqiex (c) Counterp This Declaration may be executed in multip which shall constitute an original and all of which when taken togeth instrument.
(d) Attorney’s Fees. Declarant shall be entitled SUCCESSOTS, assigns and subrogating parties, Declarant’ § reason (e) Recording. This Declaration shall b€ Tecoxdedin the Real Property Records of each county in which the Property is located,
entitled SUCCESSOTS, assigns and subrogating parties, Declarant’ § reason (e) Recording. This Declaration shall b€ Tecoxdedin the Real Property Records of each county in which the Property is located, (Remainder of page blank. ESO x OW peat on the following page.)
7/2/2013 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 AN ACCEP ND AGREED: 7/2/2013 Declaration of Restrictive Covenants Page 6 of 7 Page 7 of 7 STATE OF TEXAS Lr COUNTY OF Tarrant § b : Closing Agent of McGuyer Homebuilders, Inc., a Texas corporatidn and general partner of MHI Pap A Texas limited partnership, on behalf of said entities.
= = SSPVO%e, “ants NDS = ~, NICOLE ROBERT ({ Notary Public, State of Texas My Commission Expires 01/09/2014 STATE OF TEXAS § : nant 3 ©) COUNTY OF § YQ AV ep This instrument. was acknowledged before by the above signed “Buyer(s)”.
< 2B.
< wis, y a SS oO ” =, aubte sey, NICOLE ROB £2, Gz Notary Pubke, State 4 McGuyer Homebuilders, Inc.
7676 Woodway, Suite 104 Houston, Texas 77063 7/2/2013 Declaration of Restrictive Covenants Page 7 of 7