Page 1 of 7 Electronically Recorded Tarrant County Official Public Records 10/3/2014 2:07 PM D214218193 i .
Poy fous , PGS 7 $40.00 Mary Louise Garcia Submitter.’ PROPERTY INFO OFWOIFS- 330 Closer SI Stewart | 224 DECLARATION OF RESTRICTIVE COVENANTS as follows: RECITALS A. Property Address: 10525 Turning Leaf Trail Fort Worth, TX 76131-3983 (hereinafter “Property,” consisti improvements thereon).
p eperty and all B. Seller: MHI Partnership, LTR (hereinafter “‘Seller’’).
e Renae Peters ”? whether one or more).
C. Buyers(s): Matthew Sean Peter: (hereinafter ceflde i D. Legal Description: Closing Date: Ek. The contract threugh contains certai# itrati with the land.
Ss covenants as more particularly described below. Buyer joins herein dence Buycr’s acceptance of the Property subject to this Declaration and conditions and restrictions more 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 Declapation shall be binding upon the parties and their respective successors and assigns (includifig\g future owner or occupier of the Property), and shall be deemed to be covenants that rpfivad Property. For purposes of this Declaration, the term “Holder” shall encompass Baye AND PROVISIONS OF THIS DECLARATION.
Term. Except as provided below, this Declaration shall hav “Covenant Period”) commencing on the Closing Date.
is Declaration, the term “Holder” shall encompass Baye AND PROVISIONS OF THIS DECLARATION.
Term. Except as provided below, this Declaration shall hav “Covenant Period”) commencing on the Closing Date.
arbitration award or judgment. Notwithstan of them becomes the holder of legal title terminate and be of no further force Property.
ARBITRATION.
A. BROAD F EMENT TO ARBITRATE. ANY CLAIM OR CONTROVERSY AR BREACH THEREQ LATING DIRECTLY OR INDIRECTLY TO THE HASE, CONSTRUCTION OR REPAIR OF THE HOME AND ARE THE SUBJECT OF THE CONTRACT, AND/OR THE S, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, LOPERS, SUBCONTRACTORS, MATERIALMEN, SUPPLIERS, RS OR OTHER THIRD PARTIES JOINED IN ACCORDANCE WITH ONS 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 Page 2 of 6 [: f u By 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 THE CONTROVERSY HAS ARISEN, THE PARTY REQUESTING RELJEE A
RES SHALL APPLY ONLY UPON THE FURTHER WRITTEN CONSENT OF ALL PARTIES TO THE ARBITRATION PROCEEDING.
C. GENERAL PROVISIONS. WITHIN A REASONABLE THE CONTROVERSY HAS ARISEN, THE PARTY REQUESTING RELJEE A FILE A WRITTEN DEMAND FOR ARBITRATION AND PAY APPLICAREK FV FEES. THE ARBITRATION PROCEEDING SHALL BE CONDUGIED I FEDERAL JUDICIAL DISTRICT WHERE THE PROPERTY IS LOCAD ARBITRATORS RATION RULES.
S APROINTED IN ACCORDANCE NITH THE COST OF THE TWO D BY THE SELLER. UNLESS ANDATE OTHERWISE, ALL WITH THE APPLICABLE ARBITRAT (2) ADDITIONAL ARBITRATIORS BE THE APPLICABLE ARBITRATION —I ARBITRATORS SHALL BE zTTOnY R THE STATE OF TEXAS, FAMILY RESIDENTIAL CQ E (3) ARBITRATORS, THE DECISION OF AND CONCLUSIVE. COSTS OF ARBITRATION BEEN OR AMONG THE PARTIES AS PROVIDED BY TION RULES, OR IN THE ABSENCE OR Y FOR THE COSTS AND EXPENSES, INCLUDING ATTORNEY'S D IN SEEKING A STAY, ABATEMENT OR DISMISSAL OF 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.
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 SUBSTANTIA
ED 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 SUBSTANTIA INVOLVED IN A COMMON QUESTION OF FACT OR LAW; OR PRESENCE OF SUCH THIRD-PARTY IS REQUIRED TO ACCORD T COMPLETE RELIEF IN THE ARBITRATION.
E. FINANCIAL CAPACITY. HOLDER ACKNOWLED THAT IT HAS ADEQUATE FINANCIAL CAPACITY TO AVAI ARBITRATION REMEDIES PROVIDED HEREIN AND ARBITRATION WILL NOT CONSTITUTE A FINANCIAJ WAIVER OF JURY TRIAL: THE PARTIES AGREE ‘% CONTROVERSY IS TRIED IN A COURT OF LAW Y recover from Holder, Holdes proceeding, investigative cosi easonable attorneys' fees and other related costs and expenses. Seller shall be don @ prevailing party in any proceeding in which Seller successfully prosecutes thé actiqner successfully defends against it, as well as in any proceeding . § 17.41, et seg. (‘DIPA") and/or the Texas Residential x. Prop. CODE ANN. § 27.001, ef seg. ("RCLA"), where a ction 27.004 that the Buyer rejected a reasonable settlement offer or that en a reasonable opportunity to repair the defect pursuant to an accepted offer of 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 a rr St Cees Ree ies eae a \ [es Pan Page 5 of 7 shall be deemed not to be a waiver of such party’s right to enforce against the other party the
2/2013 Declaration of Restrictive Covenants Page 4 of 6 a rr St Cees Ree ies eae a \ [es Pan 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 constitu instrument.
(d) Attorney’s Fees. Declarant shall be entitled to recover from Hglde successors, assigns and subrogating parties, Declarant’s reasonable and necessar and litigation expenses incurred in enforcing this Declaration.
(e) Recording. This Declaration shall be recorded ith each county in which the Property is located.
IN WITNESS WHEREOPF, this Declaration of Restrictive to be effective as of the Closing Date stated above.
a Texas limited ACCEPTED AND AGREED: BUYER(S): Matthew Sean Peters 2 Stephanie Renae Peters 7/2/2013 Declaration of Restrictive Covenants Page 5 of 6 ns i er ar ner ea ere rete rests eee a Page 6 of 7 STATE OF TEXAS § § COUNTY OF Tarrant § This instrument was acknowledged before me on Oct 2 2014.
by Patu R. Schuster, Agent and Attorney in Fact for McGuyer Homebuilders, Inc., a Texas corporation and general partner of MHI Partnership, Ltd., a Texas limited partnership, on behalf of said entities.
SHAYNA LYNN MORELAND OTARY PUELE STATE OF TE My Commission Expires July 02, 2017 Notary Public, State of Texas STATE OF TEXAS COUNTY OF Tarrant 88
entities.
SHAYNA LYNN MORELAND OTARY PUELE STATE OF TE My Commission Expires July 02, 2017 Notary Public, State of Texas STATE OF TEXAS COUNTY OF Tarrant 88 This instrument was acknowledged before me on by the above signed "Buyer(s)".
SOTARY PUB Notary Public, State of Texas SHAYNA LYNN MORELAND FATE OF TEXAS My Commission Expires July 02, 2017 st 2 2014.
Nac Notary Public, State of Texas Unofficial Copy AFTE RETURN ORIGINAL TO: McGuyer Homebuilders, Inc.
16980 North Dallas Pkwy. #100 Dallas, TX 75248 Declaration of Restrictive Covenants Page 6 of 6 7/2/2013 Page 7 of 7 EXHIBIT "A" LEGAL DESCRIPTION File No.: 01128-3805 Lot 31, in Block 14, of Fossil Hill Estates Phase 2, an addition to the City of Fort Worth, Tarrant Coun Texas, according to the Map or Plat thereof recorded in/under Cabinet A, Slide 10239, Plat Records, Tarrant County, Texas.
& File No.: 01128-3805 Exhibit A Legal Description Page 1 of 1