ELECTRONICALLY RECORDED 200600372021 CONDO? PGS 36.00 STNT/06301804/224/HT SR DECLARATION OF RESTRICTIVE VE NTS THIS DECLARATION OF RESTRICTIVE is made by MHI PARTNERSHIP, LTD. (hereinafter as follows: ENA einafter ‘‘Declaration’’) glarant”’), a Texas limited partnership} RECQITA V A. Property Address: B. Buyers(s): c: Legal Descrip the city of GRAND PRAIRIE.
DALLAS County, Texas.
clude applicable lot, block, subdivision, section and county).
D. Closing PB O-h-olo (hereinafter “Closing Date”’).
E. ing Date, Declarant sold and conveyed the Property to Buyer.
F, tract through which Buyer purchased the Property from Declarant (“Contract”) conts ration provisions set forth in Exhibit A attached hereto, which shall run with the land.
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 evidenc¢ 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 part of this Declaration.
Arbitration. The Contract contains the arbitration provisions set forth in Exhibit A hereof, which are incorporated herein as a substantive part of this Declaration: Applicability. Buyer and Buyer’s successors and assigns, and any future owner or occupier of the Property, shall be bound by the terms and conditions of the arbi (rior provisions set forth in Exhibit A and all references to “Buyer” in such provisions shall ee equally to the Buyer(s) named herein, together wi
all be bound by the terms and conditions of the arbi (rior provisions set forth in Exhibit A and all references to “Buyer” in such provisions shall ee equally to the Buyer(s) named herein, together wi arbitration provisions recited Exhibit A. Notwithstangi becomes the owner of the Property, this Declaratj further force or effect as to Declarant or the Prope Miscellaneous.
(a) igns: anje-Ruspihe wi perty. The benefits successors and assigns Property), and the burdens 4 upon the parties and ae successors and assigns (including ant future owner 9 NMé Property), and shall be deemed to be covenants th; With theProperty.
(b) accordance with the laws of the State of Texas (except as to construction an enforcement of the foregoing arbitration provisions, which shall be governe by the laws of the United States).
(d) Counterparts. This Declaration may be executed in multiple counterpart ; 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 (f) Recording. This Declaration shall be recorded in the Real Property Records of each county in which the Property is located.
IN WITNESS WHEREOPF, 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 its general partner Agent of McGuyer Homebuilders, Inc., By: ~ Name: Title: STATE OF TEXAS § COUNTY OF TARRANT & Gos is i ; at . gtd e€ on Cy Uf , 20/0, by Sy b; iM Ny a a, es <.
ers, Inc., a Texas its general partner Agent of McGuyer Homebuilders, Inc., By: ~ Name: Title: STATE OF TEXAS § COUNTY OF TARRANT & Gos is i ; at . gtd e€ on Cy Uf , 20/0, by Sy b; iM Ny a a, es <.
= SD tga ote: =o 7" % s = = Es z HE REMAINDER OF THIS PAGE IS INTENTIANALLY LEFT BLANK Page 3 of 6 ACCEPTED AND AGREED: STATE OF TEXAS § § COUNTY OF TARRANT § This instrument was acknowledged before me on by the above signed “Buyer(s)”.
HALEY L. TURNER A Notary Public, State of Texas My Gommission Expires “94/14/2009 xe, we < = Ox . & ~— vite yale () p Ob): TSO Ray Holan MeGuyer Homebuilders, Inc.
7676 Woodway, Suite 104 Houston, Texas 77063 Page 4 of 6 25, . A PAR DECLARATION OF RESTRICTIVE COVENANTS EXHIBIT A ARBITRATION: y IS NIN TH ACT (“ARBITRATION ISSORS AND ASSIGNS!
AND ANY FUTURE OWNER OR OCCUPIER OF TMS PROPER « A PERIOD OF FIFTEEN (15) YEARS FOLLOWING CLOSING (“COVENAN NOD”). AT THE CONCLUSION OF THE COVENANT PERIOD, THE COVENANT SHALL A 4 WHICH ARE IN PROGRESS AT THE T: ARBITRATION PROVISIONS SHALL S Avy UNTIL THEY ARE CONCLUDED BY EN AL, NON-APPEALABLE ARBITRATION AWARD OR JUDGMENT.
DEFECT DISPUTES: IF THE DISPUTE IS FOR ONLY (I) ONE OR MORE 4 RQ RUCTION DEFECTS” (AS DEFINED BY THE ACT), (II) THE CLAIMANTS) 9G PHOSE REMEDIES APPLICABLE TO CONSTRUCTION DEFECTS AVAILABLE ACT, AND (I) THE CLAIMANT(S) ASSERTS NO OTHER CLAIMS AND SEE BR/ REMEDIES APART FROM (1) AND (ID), THEN THE ARBITRATION | OF ALL OTHER DISPUTES: IN ALL CASES WHICH ARE NOT GOVERNED BY XBOVE (INCLUDING WITHOUT LIMITATION ALL INSTANCES WHERE INS CTION DEFECT CLAIMS ARE JOINED WITH OTHER CLAIMS), THE ARBITRATION E ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN A ANCE WITH ITS CONSTRUCTION INDUSTRY ARBITRATION RULES (AS
ERE INS CTION DEFECT CLAIMS ARE JOINED WITH OTHER CLAIMS), THE ARBITRATION E ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN A ANCE 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 PARTIES MAY AGREE UPON ONE (1) ARBITRATOR, BUT IN THE EVENT THE PARTIES CANNOT AGREE, THERE SHALL BE THREE (3) NEUTRAL ARBITRATORS APPOINTED ACCORDANCE WITH THE APPLICABLE ARBITRATION RULES. IN THE EVENT THE APPLICABLE ARBITRATION RULES MANDATE THAT THE DISPUTE SHALL BE SUBMITTED TO A SINGLE ARBITRATOR AND THE PARTIES CANNOT AGREE AS TO THE SELECTION Of SUCH ARBITRATOR, THEN THERE SHALL BE THREE (3) NEUTRAL ARBITRATORS APPOINTED IN ACCORDANCE WITH THE APPLICABLE ARBITRATION RULES, WITH TH COST OF THE TWO (2) ADDITIONAL ARBITRATIORS BEING ADVANCED BY SELLER!
UNLESS THE APPLICABLE ARBITRATION RULES MANDATE OTHERWISE, ALL ARBITRATORS SHALL BE ATTORNEYS AT LAW, LICENSED TO PRACTICE IN THE STATE OF TEXAS, WITH SUBSTANTIAL EXPERIENCE IN THE SINGLE FAMILY RESIDEX CONSTRUCTION INDUSTRY. IF THERE IS ONLY ONE (1) ARBITRATOR, HIS CONCLUS{O) SHALL BE BINDING AND CONCLUSIVE ON THE PARTIES. IF THERE ARE 4HREE\
WITH SUBSTANTIAL EXPERIENCE IN THE SINGLE FAMILY RESIDEX CONSTRUCTION INDUSTRY. IF THERE IS ONLY ONE (1) ARBITRATOR, HIS CONCLUS{O) SHALL BE BINDING AND CONCLUSIVE ON THE PARTIES. IF THERE ARE 4HREE\ ARBITRATORS, THE DECISION OF ANY TWO (2) SHALL BE BINDING AND YON COSTS OF ARBITRATION SHALL BE ALLOCATED BETWEEN OR AMONG Te PROVIDED BY THE APPLICABLE ARBITRATION RULES, OR IN TH SUCH PARTY SHALL REIMBURSE THE OTHER PARTY INCLUDING ATTORNEY'S FEES: (A) INCURRED IN SE} DISMISSAL OF SUCH LITIGATION; OR (B) INCURR ARBITRATION. THE FOREGOING DOES NOT Pee WHETHER ONE OR MORE S ANDIOR SUCH WHERE: (A) THE SERVICES PERFORMED OR MATERIALS SUPPLIED BY | SUCH THIRD-PARTY FOR OF THE CLAIMS MADE OBES HE ARBITRATION PROCEEDING; (B) SUCH THIRD} PARTY IS SUBSTANT, NVQ A COMMON QUESTION OF FACT OR LAW; OR (C) THE PRESENCE OF PATHIRD-PARFY IS REQUIRED TO ACCORD THE PARTIES COMPLETE RELIEF IN THE ARBIBRA‘® FINANCIAL CAP SYER AND SELLER EACH REPRESENT THAT THEY HAVE ADEQUATE Ff APACITY TO AVAIL THEMSELVES OF THE ARBITRATION REMEDIES PR® REIN AND THAT PARTICIPATION IN ARBITRATION WILL NOT BUYER UNDERSTANDS AND AGREES THAT SELLER'S PA 31 HEREOF IS CONDITIONED IN PART AND IN RELIANCE UPON BUYER'S CKNOWLEDGMENT OF AND AGREEMENT WITH THE PROVISIONS OF THIS PARAGRAPH SURVIVAL: THE PROVISIONS OF THIS PARAGRAPH 25 SHALL SURVIVE THE CLOSING OF THIS TRANSACTION.
Page 6 of 6 FILED AND RECORDED OFFICIAL PUBLIC RECORDS Conia Fue Gl hown— Cynthia Figueroa Calhoun, County Clerk Dallas County TEXAS October 06 2006 09:36 AM FEE: $ 36.00 200600372021