Page 1 of 7 Electronically Recorded Tarrant County Official Public Records 5/30/2014 12:58 PM D214111470 .
Poy fous Le kes PGS 7 $40.00 Maia BUISE ean we PROPERTY INFO GF# he "4 roser cart 224 DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (hereinafter “Dgelar’ is made by MHI PARTNERSHIP, LTD. (hereinafter “Declarant”), a Texas limited paring as follows: RECITALS A. Property Address: 10448 Winding Passage Way Fort Worth, TX 76131 (hereinafter “Property,” consisting Galprdperty and all improvements thereon).
B. Seller: MHI Partnership, LT: 7 (hereinafter “Seller’’). oi w NOT sar NST 00) ne” C. Buyers(s): Ame Turner a/k/a ee Nikjita Jyneane Duryfelt (hereinatter ti r” whether one or more).
D. Legal Description: Closing Date: ovenants as mote particularly described below. Buyer joins herein Jence Buyer’s acceptance of the Property subject to this Declaration and THEREFORE, Declarant hereby subjects the Property to the covenants, conditions and restrictions morc particularly described below.
7/2/2013 Declaration of Restrictive Covenants Page 1 of 6 Page 2 of 7 DECLARATION Recitals. The Recitals set forth above are incorporated herein as a substantive part of this Declaration.
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 assigns (including\ any Property. For purposes of this Declaration, the term “Holder” shall encompass Bu with any holder of any legal or equitable interest in the Property, includjgg~a
successors and assigns (including\ any Property. For purposes of this Declaration, the term “Holder” shall encompass Bu with any holder of any legal or equitable interest in the Property, includjgg~a occupancy. BY ACCEPTANCE OF A DEED TO THE PROPERTY OR' THEREOF, OR BY OCCUPANCY OF THE PROPERTY OR ANY POR’ HOLDER IRREVOCABLY ACKNOWLEDGES AND AGREES TO A AND PROVISIONS OF THIS DECLARATION.
Term. Except as provided below, this Declaration shall ha term pf }fifteen (15) years (the “Covenant Period”) commencing on the Closing Date. At sion of the Covenant and Be.of no force or effect, except as to arbitration and/or legal proceedings which are in pq basi the time of its expiration. In Reve those instances, this Declaration shall survive as toAhe’p dings in progress at the expiration of the Covenant Period until they are defi Ay the entry of a final, non-appealable arbitration award or judgment. Notwithstan robe og, if Declarant, Seller or an affiliate of them becomes the holder of legal title, ¢ terminate and be of no further force o Declarant, Seller, such affiliate, or the Property. & ARBITRATION.
A. tEEMENT TO ARBITRATE. ANY CLAIM OR CONTROVERSY A BREACH THEREQK CONTRACT, THA E, CONSTRUCTION OR REPAIR OF THE HOME AND ARE THE SUBJECT OF THE CONTRACT, AND/OR THE MA CFURERS 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 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.
B. ARBITRATION _ OF DISPUTES. IN ALL CASES (INCLUDING WITHOUT LIMITATION, ALL INSTANCES WHERE CONSTRUCTION DEFECT 7/2/2013 Declaration of Restrictive Covenants
VOLVED AND AFFECTED INTERSTATE COMMERCE.
B. ARBITRATION _ OF DISPUTES. IN ALL CASES (INCLUDING WITHOUT LIMITATION, ALL INSTANCES WHERE CONSTRUCTION DEFECT 7/2/2013 Declaration of Restrictive Covenants Page 2 of 6 Page 3 of 7 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 PROCEDURES SHALL APPLY ONLY UPON THE FURTHER WRITTEN CONSENT OF ALL PARTIES TO THE ARBITRATION PROCEEDING.
C. GENERAL PROVISIONS. WITHIN A REASONABLE TIME THE CONTROVERSY HAS ARISEN, THE PARTY REQUESTING RELIER-SE FILE A WRITTEN DEMAND FOR ARBITRATION AND PAY APPLICABBE ¥IL FEES. THE ARBITRATION PROCEEDING SHALL BE CONDUCT FEDERAL JUDICIAL DISTRICT WHERE THE PROPERTY IS LOCAKED-¥V OTHERWISE AGREED BY THE PARTIES. IN ALL INST! : wkE—ARBITRATORS ARBITRATION RULES.
MANDATE THAT THE DISPUTE SHALL BE SUBMITTED TO A SINGKEMRBE | AND THE PARTIES CANNOT AGREE AS TO THE SELECTION OF SUR AR ARBITRATOR, THEN THERE SHALL BE THREE (3) NEUTRAL ARBITRA oN OINTED IN ACCORDANCE WITH THE APPLICABLE ARBITRATION OSS H THE COST OF THE TWO (2) ADDITIONAL ARBITRATIORS B dt CED BY THE SELLER. UNLESS ANDATE OTHERWISE, ALL SLAW, LICENSED TO PRACTICE IN THE APPLICABLE ARBITRATIO ARBITRATORS SHALL BE ATTO THE STATE OF TEXAS, S TIAL EXPERIENCE IN THE SINGLE FAMILY RESIDENTIAL C¢ wr INDUSTRY. IF THERE IS ONLY ONE (1) ARBITRATOR, HIS os $1 HALL BE BINDING AND CONCLUSIVE ON THE PARTIES. IF T I E (3) ARBITRATORS, THE DECISION OF ANY TWO (2) SHALL BE® YG AND CONCLUSIVE. COSTS OF ARBITRATION
Y. IF THERE IS ONLY ONE (1) ARBITRATOR, HIS os $1 HALL BE BINDING AND CONCLUSIVE ON THE PARTIES. IF T I E (3) ARBITRATORS, THE DECISION OF ANY TWO (2) SHALL BE® YG AND CONCLUSIVE. COSTS OF ARBITRATION BT WEEN OR AMONG THE PARTIES AS PROVIDED BY THE BLISS 1 A ATION RULES, OR IN THE ABSENCE OR SUCH RULES, AS DETERMINED BY THE ARBITRATOR(S).
IF ANY PAR‘ [IMENCES LITIGATION IN VIOLATION OF THIS DECLARA AILS OR REFUSES TO TIMELY SUBMIT TO ARBITRATION IN ACCORY ANCE WITH THIS CONTRACT, SUCH PARTY SHALL REIMBURSE THE R RARTY FOR THE COSTS AND EXPENSES, INCLUDING ATTORNEY'S 4 URRED IN SEEKING A STAY, ABATEMENT OR DISMISSAL OF ATION; 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 RELIEF WILL NOT BE DEEMED A WAIVER OF THE ARBITRATION PROVISIONS CONTAINED HEREIN.
CANNOT AGREE, THERE SHALL BE THREE ( APPOINTED IN ACCORDANCE WITH THE APPLIC# 7/2/2013 Declaration of Restrictive Covenants Page 3 of 6 Page 4 of 7 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 MATERIALS SUPPLIED BY SUCH THIRD-PARTY FORMS THE BASIS, DIRECTLY OR INDIRECTLY, IN WHOLE OR PART, OF THE CLAIMS MADE THE SUBJECT OF THE ARBITRATION PROCEEDING; (B) SUCH THIRD-PARTY IS SUBSTANT (A\ LY INVOLVED IN A COMMON QUESTION OF FACT OR LAW; OR PRESENCE OF SUCH THIRD-PARTY IS REQUIRED TO ACCO it COMPLETE RELIEF IN THE ARBITRATION.
E. FINANCIAL CAPACITY. HOLDER ACKNOWLE
PARTY IS SUBSTANT (A\ LY INVOLVED IN A COMMON QUESTION OF FACT OR LAW; OR PRESENCE OF SUCH THIRD-PARTY IS REQUIRED TO ACCO it COMPLETE RELIEF IN THE ARBITRATION.
E. FINANCIAL CAPACITY. HOLDER ACKNOWLE THAT IT HAS ADEQUATE FINANCIAL CAPACITY TO AVA ARBITRATION REMEDIES PROVIDED HEREIN A ARBITRATION WILL NOT CONSTITUTE A FINANCIA WAIVER OF JURY TRIAL: THE PARTIES AGRE LA ANY CLAIM OR CONTROVERSY IS TRIED IN A COURT OF LA¥ 1 MUTUAL CONSENT OF THE PARTIES OR FOR OTHER REASONS, EA ARTY AGREES TO WAIVE ITS HEREBY WAIVES VALUABLE LEGAL } $, 4 UDING THE RIGHT TO TRIAL IN A COURT OF LAW AND THE RIGHT TO”’/R s, assigns and subrogating parties, all costs of such fees, reasonable attorneys’ fees and other related costs and ea prevailing party in any proceeding in which Seller NO successfully defends against it, as well as in any proceeding e Texas Deceptive Trade Practices--Consumer Protection Act, F . § 17.41, et seg. ("DTPA") and/or the Texas Residential TEx. Prop. CODE ANN. § 27.001, ef seg. ("RCLA"), where a NY pursuant to DTPA Section 17.5052 that a settlement offer made is the the same as, or more than the damages found by the trier of fact; or (ii) proceeding, investigative CQ expenses. Seller shall be\es successfully prosecutesthe adi subject in whole or i Tex. Bus. & CowiM, Construction aia A 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 7/2/2013 Declaration of Restrictive Covenants Page 4 of 6 ye age Page 5 of 7
id or inoperative. The failure of either party to enforce against the other party any term or provision of this Declaration 7/2/2013 Declaration of Restrictive Covenants Page 4 of 6 ye age Page 5 of 7 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 construed in accordance with the laws of the State of Texas (except as to construction and enforcement of the foregoing arbitration provisions, which shall be governed by the laws of the United States).
(c) Counterparts. This Declaration may be executed in multiple counterparts, each of which shall constitute an original and all of which when taken together shall consti one instrument.
Orcrel, £10.
Qttomne *s (d) Attorney’s Fees. Declarant shall be entitled to recover from successors, assigns and subrogating parties, Declarant’s reasonable and necess& and litigation expenses incurred in enforcing this Declaration.
(e) Recording. This Declaration shall be recorded i each county in which the Property is located.
a Texas limited Inc., a Texas Name: Title: Closing Agent ACCEPTED AND AGREED: | BUYER(S): 7/2/2013 Declaration of Restrictive Covenants Page 5 of 6 Page 6 of 7 STATE OF TEXAS § § COUNTY OF Tarrant § eg This ins tw owl: d before me on , 20 if by - Closing Agent of Mc r Homebuilders, Inc., a Texas corporation neral partner of MHI Pa Ltd., a Texas limited partnership, on behalf of said entities.
STATE OF TEXAS § § county or [GUNS This instrument was acknowledged beforespe by the above signed “Buyer(s)”.
AF ATION RET GINAL TO: McGuyer Homebuilders, Inc.
16980 North Dallas Pkwy. #100 Dallas, TX 75248 7/2/2013 Declaration of Restrictive Covenants Page 6 of 6 Page 7 of 7 EXHIBIT "A"
ve signed “Buyer(s)”.
AF ATION RET GINAL TO: McGuyer Homebuilders, Inc.
16980 North Dallas Pkwy. #100 Dallas, TX 75248 7/2/2013 Declaration of Restrictive Covenants Page 6 of 6 Page 7 of 7 EXHIBIT "A" LEGAL DESCRIPTION File No.: 01128-3479 Lot 73, in Block 1, of Fossil Hill Estates Phase 2, an addition to the City of Fort Worth, Tarrant Counfy, Texas, according to the Map or Plat thereof recorded in/under Cabinet A, Slide 10239, Plat Reco Tarrant County, Texas.
File No.: 01128-3479 Exhibit A Legal Description Page 1 of 1