TATE OF TEXAS § / COUNTY OF TARRANT § ih.
7 (, 4: Ys {, oS DECLARATION OF COVENANTS, fan CONDITIONS AND RESTRICTIONS THIS DECLARATION, made this 31st day of July » 1984, ARLINGTON MEDICAL CENTER PARTNERS, a general partnership compg a Bartolueei and Dr. Bernard MeGowen, ("Medical Center").
cman Per ana MALEERE ANE MORAINE BIN tebe 8 RECITALS A. Medical Center is the owner af a i pepty in Tarrant County, Texas, described in Exhibit A, attached Sto and by this reference incorporated herein.
B. Medical Center soot 2 It is the intention of Medical Center, to further the imposition of a ium regime on Subject Property, that the covenants, conditions and restrie~ s set forth in this Declaration be common to all of the Units (as hereinafter efined) in Matlock Medical Center to enhance and protect the value, desirability, and WIT? AISLS | qt i 8 | q 5 i i | i ARTICLE I DEFINITIONS Unless the context otherwise specifies or requires, the terms defined in this Article I shall, as used in this Declaration, have the following meanings: 1.1 Association.
(as hereinafter defined).
1.2 Beneficiary. The term "beneficiary" shall mea mortgage or deed of trust.
1.3 Condominium Regime. The term " regime established by the Declarant pursuant to Texas which Units (as hereinafter defined) nee séld operated.
1.4 Declarant. The terz suecessor and assigns.
1.5 1.8 Hospital Corporation of America. The term "HCA" shall mean al Corporation of America, its corporate successors and assigns.
1.9 Mortgage. The term "mortgage" shall mean a deed of trust as well as a mortgage securing the loan of an institutional lender on a Unit (as hereinafter defined).
vel "7907 MASE 1.10 Mortgagee. The term "mortgagee" shall mean a beneficiary under, or
d of trust as well as a mortgage securing the loan of an institutional lender on a Unit (as hereinafter defined).
vel "7907 MASE 1.10 Mortgagee. The term "mortgagee" shall mean a beneficiary under, or holder of, a deed of trust as well as a mortgagee under a mortgage on the Subject Property or a Unit.
1.11 Occupant. The term "Occupant" shall mean a lessee or person entity occupying a Unit pursuant to a lease, or with the permission of the Owng Unit.
1.12 Owner. The term "Owner" shall mean the o Unit (as hereinafter defined).
1.13 Right of First Refusal. The term "rig the right of HCA to purchase Units in accordance wit 1.14 Unit. The term "Unit" shall refe Subject Property pursuant to the condomipti gil purposes, and shall be binding upon, and be for the benefit of, the owners of the Subject Property and portions thereof, their successors and assigns, ye. "7BC7 NoL525 ARTICLE It USE RESTRICTIONS 3.1 Use Restrictions. Unless otherwise approved by the Administrator of, the Hospital or HCA, the following use restrictions shall be applicable to the Subj Property and the Units thereof.
(a) Any Owner of a Unit in the Matlock Medical Center (th shall be a member in good standing of the Hospital staff; (b) No commercial radiological, laboratory, services shall be offered in the Buildings, or in any Unit, whi the ordinary course of business by the Hospital, inélifding, withot ation, surgery, x-ray, computer axial tomography, blood laborato: offered on a commercial basis to non-patient third-party users; (ec) The documents est price, the identity”e of the terms of X Owner whethe; conditions fer Iwade by the Offeree. if HCA elects to buy the Unit, the Owngr=shal ley at its expense, evidence of a marketable title satisfactory to
ce, the identity”e of the terms of X Owner whethe; conditions fer Iwade by the Offeree. if HCA elects to buy the Unit, the Owngr=shal ley at its expense, evidence of a marketable title satisfactory to eafter the closing shall oceur within twenty-one (21) days of HCA's being the status of title of the Unit. The coveyance of title to the Unit by 6 HCA, or its assigns, shall be by general warranty deed.
If HCA declines to exercise its rights under this subparagraph (c), the ‘Owner of the Unit shall be free for a ninety (90) day period to conclude a sale of the Unit to the Offeree on the terms set forth in the Offer. If the Owner fails to sell the yer. "FBO"? PELSEE Unit to the Offeree within that period, then HCA's Right of First Refusal shall, once again, be applicable to the Unit.
Notwithstanding subparagraph 3.01(e) above, HCA may transfer a Unit which it owns, or on which it has a Right of First Refusal, to any affiliated compa: without such transfer being subjeci iu the Right 3.2. Duration. Except as provided in Article IV hereafter, Lif TN + eS this Declaration shall be for so long as HCA, or its subsidiary 4.1 Filing of Regime. Upo on the Subjeet Property incorporating ant may revoke this Declaration.
be covenants running with the land, which may not be 7 the Hospital, and HO ARTICLE V MISCELLANEOUS Severability. If any provision of this Declaration is held to be invalid of competent jurisdiction, the invalidity of such provision shall not affect Alidity of the remaining provisions of this Declaration.
5.2 Amendment or Supplement. Except to the extent prohibited by ‘Article IV above, the Declarant may amend this Declaration by executing and causing to be recorded a Supplemental Declaration adding to the provisions of this Deciaraail PROF pcELoe7
prohibited by ‘Article IV above, the Declarant may amend this Declaration by executing and causing to be recorded a Supplemental Declaration adding to the provisions of this Deciaraail PROF pcELoe7 tion, or subjecting additional adjacent property to the covenants, conditions and restrictions set forth in this Declaration.
5.3 Choice of Law. The Declaration shall be eonstrued pursuant to the laws of the State of Texas.
ARTICLE Vi MORTGAGE ON A UNIT FOR THE SUBJECT PROPERTY 6.1 Mortgagee to take subject to the Declaration mortgagee of a mortgage or deed of trust on the § take subject to the provisions of this Declaration, Subject Property is sold at foreclosure . any fu deed in lieu thereof, any purchaser at s e, the Subject Property, or Unit therg?
farant has caused this Declaration to be executed by its gen¢ra? partns R ; 1984.
ARLINGTON MEDICAL CENTER PARTNERS, a Texas General Partnership — BY: tnd 15 al Mite i.
Paul Bartolucci Bernard MeGowen, M.D.
ye. ‘FSO'T MLSAS Lot 933 of A. NEWTON e City of Arlington, Tarrant County,/sTexa acc i to plat recorded in volume 388-17 e Pp Records, Tarrant County, Texas (the “Adjojz y"), RS i A. ¥ bvwton F i bee . a t Ok sink aes oy i i q exhibit "a" ye. "F907 wS1529 THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared PAUL BARTOLUCCI, whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therej expressed and in the capacity therein stated.
GIVEN under my hand and seal of office, this tb of _ July , 1984, © THE STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, S ed authority, on this day personally appearé scribed to the f that he executed ation therei GIVEN hand and seal of office, this the 31st
uly , 1984, © THE STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, S ed authority, on this day personally appearé scribed to the f that he executed ation therei GIVEN hand and seal of office, this the 31st » 1984, 4} pet ne ) NOTARY PUBLIC IN AND FOR THE STATEVAQE HALLOWS, BotRYAusIC The State of Texas . My Commissign: Expires an 10-31 — 84 ‘Printed/Typed Name of Notary Date Commission Expires: uct "FOO'T PALELSSO AFTER FILING RETURN TO: Stewart Title 1200 Texas Commerce Tower Arlington, Texas 760 DOUNTY OF TARRANE STATE OF TEXAS .
J hereby pertify that this instrument ‘ was FI HELIS nfm oe eae yd 8 Of of Tarrant County, Texas, as stamped nae aca rds.
4D TARRANT OOUNTY, FEXAS gr “JSO7 MLSS