bZSb-Z-90z0 Electronically Recorded = ‘arant County Texas Official Public Records 2006 Jun 07 12:35 PM Fee: $ 40.00 ee Mien leeey) Submitter: LANDATA Suzanne Henderson D206171571 STNT/O05903436/224/SW © Gos DECLARAIIGS TRACTIVE COVENANTS THIS DECLARAT, RICTIVE COVENANTS (hereinafter “Declaration”) is made by MHI PARTN T hereinafter “Declarant’’), a Texas limited partnership, as follows: RECITALS A. Prope 410449 Evening View, Ft. Worth, Texas 76131 (hereinafter “Property” consisting of the real property and all improvements thereon).
B, Bu Derry & Tammie Moten (hereinafter “Buyer” whether one or more).
Legal Description: Lot 30, in Block 12.
of Fossil Hill, an addition to the city of Ft. Worth, Tarrant County, Texas.
(include applicable lot, block, subdivision, section and county).
D. Closing Date: Of 1 Of (hereinafter “Closing Date’’).
E, On the Closing Date, Declarant sold and conveyed the Property to Buyer.
F, The contract through which Buyer purchased the Property from Declarant (“Contract”) contains the arbitration provisions set forth in Exhibit A attached hereto, which shall run with the Jand.
G. Declarant makes this Declaration for the purpose of subjecting the Property to one or more restrictive covenants as more particularly described below. Buyer joins herein to evidence Buyer’s acceptance of the Property subject to this Declaration and Buyer’s agreement to the terms and conditions hereof.
NOW, THEREFORE, Declarant hereby subjects the Property to certain covenants, conditions and restrictions as more particularly described below.
Page 1 of 6 DECLARATION Recitals. The Recitals set forth above are incorporated herein as a substantive this Declaration.
provisions shall apply equally to the Buyer(s) nak successors and assigns, and any future o or occupi A
ecitals. The Recitals set forth above are incorporated herein as a substantive this Declaration.
provisions shall apply equally to the Buyer(s) nak successors and assigns, and any future o or occupi A Term. This Declaration shall have a te en (15) years commencing on the Closing Date, after which time it s ally expire in accordance with arbitration provisions recited EXprbit standing the foregoing, if Declarant becomes the owner of the Prope' laration shall terminate and be of no further force or effect as to Declarj e Property.
Miscellaneous.
(a) e burdens and obligations of this Declaration shall be binding arties and their respective successors and assigns: (including any her or occupier of the Property), and shall be deemed to be ants that run with the Property. , yvalidity. 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.
(c) 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).
(d) Counterparts. This Declaration may be executed in multiple counterparts, each of which shall constitute an original and all of which when taken together shall constitute one instrument.
d States).
(d) Counterparts. This Declaration may be executed in multiple counterparts, each of which shall constitute an original and all of which when taken together shall constitute one instrument.
(e) Attorney’s Fees. Declarant shall be entitled to recover the from Buyer or any subsequent transferee of the Property, Declarant’s reasonable and necessary attorney’s fees and litigation expenses incurred in enforcing this Declaration.
Page 2 of 6 ® Recording. This Declaration shall be recorded in the Real Property Régords of each county in which the Property is located.
IN WITNESS WHEREOF, this Declaration of Restrictive Covenants hasb to be effective as of the Closing Date stated above.
DECLARANT: MHI PARTNER a Texas limited 4 McGuye ome ., a Texas corporation, its gener.
TERA FOREN , Closing Agent of eee Homebuilders, Inc., a THE REMAINDER OF THIS PAGE IS INTENTIANALLY LEFT BLANK Page 3 of 6 ACCEPTED AND AGREED: Buyer: $ Drrrnsd, Tammie Moten STATE OF TEXAS § § COUNTY OF TARRANT & This instrument was acknowledged b SS , 20 by the above signed ome Notary Public, State of Texas : AFTER RECORDATION RETURN ORIGINAL TO: Ray Holan McGuyer Homebuilders, Inc.
7676 Woodway, Suite 104 Houston, Texas 77063 Page 4 of 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT File No: () STATE OF California ss APN No: COUNTY OF ATIOINO ) UNe 2 200 before me, Q e MOO re, NOTAY Pp Ubblic personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
n the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
5 : R. MOORE WITNESS my hand and official seal. ta : Commission # 1644978 ¢ - NOE s Notary Public - Calitomia 2 Signature é Solano County r TIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to pe Co) PARTNER(S) [] umrrep [_] GENERAL ATTORNEY-IN-FACT , TRUSTEE(S) GUARDIAN/CONSERVATOR [-_] OTHER SIGNER IS REPRESENTING: documents.
INDIVIDUAL [_] CORPORATE OFFICER(S) TITLE(S) Name of Person or Entity Though the data requested he THIS CERTIFICAT TITLE OR TYPE OF DOCUME!
NUMBER OF PAGES DATE OF DOCUMENT Reproduced by First American Title Insurance 1/2001 25.
, OF OR RELATING TO THIS CONTRACT, THE BREACH DECLARATION OF RESTRICTIVE COVENANTS EXHIBIT A ARBITRATION: BROAD FORM AGREEMENT TO ARBITRATE: ANY CLAI OR INDIRECTLY TO THIS CONTRACT, THE PURCHASE, AGENTS, PARTNERS, SHAREHOLDERS, ICERS, CTORS, | EMPLOYEES, SUBCONTRACTORS, MATERIALMEN, OR SUPP! SHALL BE SETTLED BY BINDING ARBITRATION UNDER THE FEDERAL ARBITRATI 9US.C., § 1, ET SEQ. THE PARTIES ACKNOWLEDGE AND AGREE THA b ON MADE THE BASIS OF THIS CONTRACT INVOLVES AND AFFE A SHALL EXECUTE A RESTRICTIVE C! COVENANT”) FOR RECORDATION IN THE REAL PROPERTY RECORDS OF E=CE (IN WHICH THE PROPERTY IS LOCATED, CONFIRMING THAT THE ARBITRA R SIONS OF THIS CONTRACT (“ARBITRATION PROVISIONS”) SHALL B. (By BUYER, BUYER’S SUCCESSORS AND ASSIGNS,
THE REAL PROPERTY RECORDS OF E=CE (IN WHICH THE PROPERTY IS LOCATED, CONFIRMING THAT THE ARBITRA R SIONS OF THIS CONTRACT (“ARBITRATION PROVISIONS”) SHALL B. (By BUYER, BUYER’S SUCCESSORS AND ASSIGNS, AND ANY FUTURE OWWXBR’ QI PYER OF THE PROPERTY, FOR A PERIOD OF FIFTEEN Of aN EPT AS TO ARBITRATION AND/OR LEGAL PROCEEDINGS ATION OF CONSTRUCTION DEFECT DISPUTES: IF THE DISPUTE IS FOR ONLY (I) MORE ALLEGED “CONSTRUCTION DEFECTS” (AS DEFINED BY THE ACT), (II) THE MANT(S) SEEKS ONLY THOSE REMEDIES APPLICABLE TO CONSTRUCTION DEFECTS AVAILABLE UNDER THE ACT, AND (III) THE CLAIMANT(S) ASSERTS NO OTHER CLAIMS AND SEEKS NO OTHER REMEDIES APART FROM (I) AND (iJ), THEN THE ARBITRATION SHALL BE CONDUCTED AND ADMINISTERED IN ACCORDANCE WITH THE BUILDER LIMITED WARRANTY.
. ARBITRATION OF ALL OTHER DISPUTES: IN ALL CASES WHICH ARE NOT GOVERNED BY PART C ABOVE (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-RELATED 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.
GENERAL PROVISIONS: WITHIN A REASONABLE TIME AFTER THE CONTROVERSY HAS ARISEN, THE PARTY REQUESTING RELIEF SHALL FILE A WRITTEN DEMAND FOR ARBITRATION AND PAY APPLICABLE FILING FEES. THE ARBITRATION PROCEEDING SHALL BE CONDUCTED IN THE FEDERAL JUDICIAL DISTRICT WHERE THE PROPERTY IS Page 5 of 6 LOCATED, UNLESS OTHERWISE AGREED BY THE PARTIES. IN ALL INSTANCES, THE
BLE FILING FEES. THE ARBITRATION PROCEEDING SHALL BE CONDUCTED IN THE FEDERAL JUDICIAL DISTRICT WHERE THE PROPERTY IS Page 5 of 6 LOCATED, UNLESS OTHERWISE AGREED BY THE PARTIES. IN ALL INSTANCES, THE PARTIES MAY AGREE UPON ONE (1) ARBITRATOR, BUT IN THE EVENT THE PARTIES CANNOT AGREE, THERE SHALL BE THREE (3) NEUTRAL ARBITRATORS APPO ACCORDANCE WITH THE APPLICABLE ARBITRATION RULES. IN THE E APPLICABLE ARBITRATION RULES MANDATE THAT THE DISPUTE SHALL BE TO A SINGLE ARBITRATOR AND THE PARTIES CANNOT AGREE AS TO TH APPOINTED IN ACCORDANCE WITH THE APPLICABLE ARBITRATION RB COST OF THE TWO (2) ADDITIONAL ARBITRATIORS BEING A UNLESS THE APPLICABLE ARBITRATION RULES MANDA , ALL ARBITRATORS SHALL BE ATTORNEYS AT LAW, LICENSED-P A TATE OF TEXAS, WITH SUBSTANTIAL EXPERIENCE IN TH RESIDENTIAL CONSTRUCTION INDUSTRY. IF THERE IS ONLY ONE ( IS CONCLUSIONS SHALL BE BINDING AND CONCLUSIVE ON THE PAR RE ARE THREE (3) ARBITRATORS, THE DECISION OF ANY TWO (2) SHALL iG AND CONCLUSIVE COSTS OF ARBITRATION SHALL BE ALLOCATEIXBETWE MONG THE PARTIES AS PROVIDED BY THE APPLICABLE ARBITRATIQ INAPPLICABILITY OF SUCH RULES, AS DETER DX BY THE ARBITRATOR(S). IF ANY ORDANCE WITH THIS AGREEMENT, FOR THE COSTS AND EXPENSES, SEEKING A STAY, ABATEMENT OR REFUSES TO TIMELY SUBMIT TO ARB SUCH PARTY SHALL REIMBURSE INCLUDING ATTORNEY'S FEES: (A) PARTY COMMENCES LITIGATION IN VIO! fig viv ARBITRATION. THE FOR (OT PRECLUDE A PARTY FROM SEEKING EMERGENCY RELIEF § ’ OF COMPETENT JURISDICTION AND THE PROSECUTION OF A R IENCY RELIEF WILL NOT BE DEEMED A WAIVER JOINDER: THE Pé ES AGREE THAT SELLER MAY JOIN IN ANY ARBITRATION PROCEEDING COS D IEREUNDER, ONE OR MORE OF SELLER’S SUBCONTRACTORS, ATERIAL SUPPLIERS, ENGINEERS, DESIGNERS AND/OR SUCH ITIES (COLLECTIVELY WHETHER ONE OR MORE “THIRD-PARTY”)
Y JOIN IN ANY ARBITRATION PROCEEDING COS D IEREUNDER, ONE OR MORE OF SELLER’S SUBCONTRACTORS, ATERIAL SUPPLIERS, ENGINEERS, DESIGNERS AND/OR SUCH ITIES (COLLECTIVELY WHETHER ONE OR MORE “THIRD-PARTY”) ES PROVIDED, WORK PERFORMED OR MATERIALS SUPPLIED BY DE THE SUBJECT OF THE ARBITRATION PROCEEDING; (B) SUCH THIRDi ZiAL CAPACITY: BUYER AND SELLER EACH REPRESENT THAT THEY HAVE ADEQUATE FINANCIAL CAPACITY TO AVAIL. THEMSELVES OF THE ARBITRATION REMEDIES PROVIDED HEREIN AND THAT PARTICIPATION IN ARBITRATION WILL NOT CONSTITUTE A FINANCIAL HARDSHIP.
. MANAGEMENT APROVAL: BUYER UNDERSTANDS AND AGREES THAT SELLER'S MANAGEMENT'S APPROVAL AND ACCEPTANCE OF THIS CONTRACT PURSUANT TO PARAGRAPH 31 HEREOF IS CONDITIONED IN PART AND IN RELIANCE UPON BUYER'S ACKNOWLEDGMENT OF AND AGREEMENT WITH THE PROVISIONS OF THIS PARAGRAPH 25.
SURVIVAL: THE PROVISIONS OF THIS PARAGRAPH 25 SHALL SURVIVE THE CLOSING OF THIS TRANSACTION.
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