ON a, KUNNEN) SS 20050054 SP-33 LP. Ti5HVIOARATION OF RESTRICTIVE COVENANTS nya 9p he ae OF RESTRICTIVE COVENANTS (hereinafter "Declaration") is made by Ree hip, LTD. (hereinafter "Declarant"), a Texas limited partnerhip, as WS Le 4 “ CO RECITALS ee aaa pin 7214 TRACE GLEN LANE Jaa TON, TX 77083 Ane sinafter "Property" consisting of the real Spexty and all improvements thereon) .
Buyer (s) : a ae EMETUCHE °C ters nafter "Buyer" whether one or more) .
“2 oy Legal bescriptidn: LOT ELEVEN (11 ole a), of PARK AT MISSION GLEN, SEC. 3, an addition in Fort Be a totle Texas, according to the map or plat thereof recorded in Slidé N9e2399/8 of the Map/Plat Records of Fort Bend County, Texas. ae (include applicable fecoey een section and county).
Closing Date: repridey G ih Tierel TClosin NS On the Closing Date, beclarant ssid afl eyed the Property to Buyer.
The contract through which aly: 67 the Property from Declarant ("Contract") contains the arbitration provisions set forth in Exhibit A attached hereto, which shall run veh Eng Tacs Declarant makes this Declaration for( tne purpobse of subjecting the Property to one or more restrictive covenants tas mor, ticularly described below.
Buyer joins herein to evidence Buyer's Scetins. ePrcie Property subject to this Declaration and Buyer's agreement to the ern dnd conditions hereof.
a NOW, THEREFORE, Declarant hereby subjects the Property pe certain covenants, conditions and restrictions as more particularly deserib helow.
— = Mo DECLARATION 4_-”, Recitals. The Recitals set forth above are Baym asa substantive part of the Declaration.
Arbitration. The Contract contains the arbitration pro art in Exhibit A hereof, which are incorporated herein as a substéngi t pe this Declaration. Ww ée
Baym asa substantive part of the Declaration.
Arbitration. The Contract contains the arbitration pro art in Exhibit A hereof, which are incorporated herein as a substéngi t pe this Declaration. Ww ée Applicability. Buyer and Buyer's successors and assigns, mini uture owner or occupier of the Property, shall be bound by the terms ti a, of the arbitration provisions set forth in Exhibit A and ns a "Buyer" in such arbitration provisions shall apply equally to the B named herein, together with Buyer's successors and assigns, and an owner or occupier of the Property. nd Continued on next page "ig AOL .
LNUATI N OF DECLARATION OF RESTRICTIVE COVENANTS 03304645 iow pace Declaration shall have atermof fifteen (15) years commencing Gree puosing Date, after which time it ghall automatically expire in ee with arbitration provisions recited in Exhibit A. Notwithstanding shall terminate and be of no further force or effect as to ene oimg, if Declarant becomes the owner of the Property, this ‘ Bel cay e P _Tigperty: vanes Ze “hy ee (a) bene itg-of thi “Declaration shall inure to the benefit of the marties and th@ir-respective successors and assigns (including any future owner or occu iev“af’the™, Property), and the burdens and obligations of this Declaratio fat b binding upon the parties and their respective iF successors “tincluding any future owner or occupier of the Property), opt ‘ deemed to be covenants that run with the Property.
poy Oe (b) Invalidity. ay oor n of this Declaration is held invalid or inoperative, cent s ras; is. sonable and possible, the remainder of this Declaration coe valid and operative, and effect shall be given to the tested by the portion held invalid or inoperative. The mre of esther arty to enforce against the other
ible, the remainder of this Declaration coe valid and operative, and effect shall be given to the tested by the portion held invalid or inoperative. The mre of esther arty to enforce against the other party any term or provi aie of tpi De claration shall be deemed not to be a waiver of such party's right t rce against the other party the game or any other term or ppetiajor (c) Governing Law. This Declara nas sha 1 be governed by and construed construction and enforcement ee egoing arbitration provisions, which shall be governed by the la ae e/ United States).
(da) Counterparts. This Declaration ey in multiple counterparts, each of which shall constitute An mn and all of which when taken together shall constitute one instrume (e) Attorney's Fees. Declarant shall be entitied ——_— from the Buyer or any subsequent transferee of the Property y, (Dectaran t's reasonable and necessary attorney's fees and litigation pisos Ipctgred in enforcing this Declaration. Ay (f) Recording. This Declaration shall be On al Property Records of each county in which the Property is ie a IN WITNESS WHEREOF, this Declaration of Restrictive aan ke to be effective as of the Closing Date stated above.
DECLARANT: , Cs ON MHI PARTNERSHIP, LTD., a Texas limited partnership by, CA) McGuyer Homebuilders, Inc., a Texas corporation, its general partner «- we “ Pal Le Continued on next page 7 %, me ee oy Ae TION OF DECLARATION OF RESTRICTIVE COVENANTS 03304645 corporation and ‘general lbartnership, on behalf "i DENISE M. KUGIEMBA | y ria, Notary Public Re se, State of Texas Si Win ft M mre Expires el o uly-t4, HEMETHRIA EMETUCHE ead a a ao STATE OF TEXAS a a ) COUNTY OF HARRIS c x rd *
tnership, on behalf "i DENISE M. KUGIEMBA | y ria, Notary Public Re se, State of Texas Si Win ft M mre Expires el o uly-t4, HEMETHRIA EMETUCHE ead a a ao STATE OF TEXAS a a ) COUNTY OF HARRIS c x rd * This instrument was acknowledged before ne effaebruaty 2nd, 2005, by DEMETHRIA EMETUCHE ("Buyer(s)").
Notary Public State of Texas My Commission Expires July 14, 2008 pa I PIE EPRI PCDI i ooh and for the State of Texas eee AFTER RECORDATION Ce Co RETURN ORIGINAL TO: oo Ray Holan a McGuyer Homebuilders, Inc. Sp.
71676 Woodway, Suite 104 Ce Houston, Texas 77063 of On ( Co vw oO DECLARATION OF RESTRICTIVE COVENANTS ae 2, EXHIBIT A OD } a. or A. |B aoe TO ARBITRATE: ANY CLAIM OR CONTROVERSY ARISING ' ELATENG TO THIS CONTRACT, THE BREACH THEREOF, OR RELATING ‘prREetL. RECTLY TO THIS CONTRACT, THE PURCHASE, CONSTRUCTION OR i” HO E AND IMPROVEMENTS WHICH ARE THE SUBJECT OF THIS co tT, RW /O , PROPERTY, INCLUDING ANY AND ALL CLAIMS AGAINST SELLER Re LER'S AGENTS, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTO ete OY, e SUBCONTRACTORS, MATERIALMEN OR SUPPLIERS, SHALL BE a rao” Se a DING ARBITRATION UNDER THE FEDERAL ARBITRATION ACT, ae SEQ. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE Sa cparata D THE SIS OF THIS CONTRACT INVOLVES AND AFFECTS INTERSTATE 0 * CAOSING, BUYER SHALL EXECUTE A RESTRICTIVE COVENANT ("COVEN. T" )--FOR. RECORDATION IN THE REAL PROPERTY RECORDS OF THE COUNTY In WEI THE PROPERTY IS LOCATED, CONFIRMING THAT THE ARBITRATION PROVISE SHALL BE BINDING “UP FUTURE OWNER OR OC YEARS FOLLOWING CLO COVENANT PERIOD, T R') BUYER'S SUCCESSORS AND ASSIGNS, AND ANY OF THE PERTY, FOR A PERIOD OF FIFTEEN (15) G (co PERIOD"). AT THE CONCLUSION OF THE LS N SHALL AUTOMATICALLY EXPIRE AND BE OF 2 CONTRACT ("ARBITRATION PROVISIONS")
ER'S SUCCESSORS AND ASSIGNS, AND ANY OF THE PERTY, FOR A PERIOD OF FIFTEEN (15) G (co PERIOD"). AT THE CONCLUSION OF THE LS N SHALL AUTOMATICALLY EXPIRE AND BE OF 2 CONTRACT ("ARBITRATION PROVISIONS") NO FURTHER FORCE OR FF . a oa, TO ARBITRATION AND/OR LEGAL PROCEEDINGS WHICH ARE IN“PROGRESS TIME OF ITS EXPIRATION. IN THOSE INSTANCES, THE ARBITRATION PR SIQNS SHALL SURVIVE THE PROCEEDINGS IN PROGRESS “UNTLE THEY JARE CONCLUDED BY FINAL, NON-APPEALABLE an THT aa JUDGEMENT.
ONLY AS TO ENTRY OF A B. WAIVER OF JURY TRIAL: THE a owns - THAT BY EXECUTING THIS AGREEMENT, THEY WAIVE VALUABLE LEG, L -RT6 TRIAL IN A COURT OF LAW AND THE RI HT ‘Toor Gf BY JURY.
INCLUDING THE RIGHT TO C. ARBITRATION OF CONSTRUCTION DEFECT—DTS UTES : IF THE DISPUTE IS FOR ONLY (1) ONE OR MORE ALLEGED "CONSTRUC G0 a ars (AS DEFINED BY THE ACT), (II) THE CLAIMANT(S) SEEKS ONL meee Ge APPLICABLE TO CONSTRUCTION DEFECTS AVAILABLE UNDER TH - Be | (41) THE CLAIMANT (S) ASSERTS NO OTHER CLAIMS AND SEEKS NO OTHER Rf Laan FROM (I) AND (II), THEN THE ARBITRATION SHALL BE CO oars BB“ AND* ADMINISTERED IN ACCORDANCE WITH THE BUILDER LIMITED WARRANTY = a 7 Ki Z.
D. ARBITRATION OF ALL OTHER DISPUTES: IN ALL CASES ya NOT GOVERNED BY PART C ABOVE (INCLUDING WITHOUT LIMITATION CONSTRUCTION DEFECT CLAIMS ARE JOINED WITH Si ARBITRATION SHALL BE ADMINISTERED BY THE AM ASSOCIATION ("AAA") IN ACCORDANCE WITH ITs conse ARBITRATION RULES (AS SUPPLEMENTED BY AAA SUPPLEMENT.
CONSUMER-RELATED DISPUTES, WHERE APPLICABLE) IN EFFECT oe DEMAND FOR ARBITRATION IS FILED. AAA FAST TRACK PREEHURES i S ONLY UPON THE FURTHER WRITTEN CONSENT OF ALL PARTIES TO rea PROCEEDING .
a TNS CES WHERE MS), THE aD RATION USTRY ceppRes FOR ae anne mes “7 CS Continued on next paye CS ‘ot aie OS wt,
K PREEHURES i S ONLY UPON THE FURTHER WRITTEN CONSENT OF ALL PARTIES TO rea PROCEEDING .
a TNS CES WHERE MS), THE aD RATION USTRY ceppRes FOR ae anne mes “7 CS Continued on next paye CS ‘ot aie OS wt, (OR ‘INUATION OF DECLARATION OF RESTRICTIVE COVENANTS - EXHIBIT A ( CIA NNERAL PROVISIONS: WITHIN A REASONABLE TIME AFTER THE CONTROVERSY HAS ARISEN, THE PARTY REQUESTING RELIEF SHALL FILE A WRITTEN DEMAND ag R ARBITRATION AND PAY APPLICABLE FILING FEES. THE ARBITRATION PROCEEDING SHALL BE CONDUCTED IN THE FEDERAL JUDICIAL DISTRICT WHERE C0 nn PROPERTY IS LOCATED, UNLESS OTHERWISE AGREED BY THE PARTIES. IN STANCES, THE PARTIES MAY AGREE UPON ONE (1) ARBITRATOR, BUT IN “1 oa EVENT THE PARTIES CANNOT AGREE, THERE SHALL BE THREE (3) NEUTRAL ORS APPOINTED IN ACCORDANCE WITH THE APPLICABLE ARBITRATION 4 (EN THEN EVENT THE APPLICABLE ARBITRATION RULES MANDATE THAT THE ier E SUBMITTED TOA SINGLE ARBITRATOR AND THE PARTIES 79 THE SELECTION OF SUCH ARBITRATOR, THEN THERE SHALL BE THREE (3) NEUTRAL ARBITRATORS APPOINTED IN ACCORDANCE WITH THE APPLICABLE TPRARION RULES, WITH THE COST OF THE TWO (2) ADDITIONAL ARBITRAT TORS [BIG ADVANCED BY THE SELLER. UNLESS THE APPLICABLE ARBITRATION” RULES MANDATE OTHERWISE, ALL ARBITRATORS SHALL BE ATTORNEYS AT LAW, “LIGENSED TQ PRACTICE IN THE STATE OF TEXAS, WITH SUBSTANTIAL EXPERIENCE I T INGLE FAMILY RESIDENTIAL CONSTRUCTION INDUSTRY. IF THERE IS ONLY (ONE 4(1¥ ARBI'RRATOR, HIS CONCLUSIONS SHALL BE BINDING AND CONCLUSIVE ‘ON E Patiehes: IF THERE ARE THREE (3) ARBITRATORS, THE DECISION OF SHALL BE BINDING AND CONCLUSIVE. COSTS OF ARBITRATION SHAEL ie a BETWEEN OR AMONG THE PARTIES AS PROVIDED BY THE APPLICABLE pam oh eS OR IN THE ABSENCE OR INAPPLICABILITY OF SUCH RULE T te BY THE ARBITRATOR(S). IF ANY PARTY
LUSIVE. COSTS OF ARBITRATION SHAEL ie a BETWEEN OR AMONG THE PARTIES AS PROVIDED BY THE APPLICABLE pam oh eS OR IN THE ABSENCE OR INAPPLICABILITY OF SUCH RULE T te BY THE ARBITRATOR(S). IF ANY PARTY COMMENCES LITIGAT cf oe IN OF THIS AGREEMENT, OR FAILS OR REFUSES TO TIMELY *.S ARBITRATION IN ACCORDANCE WITH THIS AGREEMENT, SUCH PARTY" § EIMBURSE on OTHER PARTY FOR THE COSTS AND EXPENSES, INCLUDING A as ae nen i INCURRED IN SEEKING A STAY, ABATEMENT OR DISMISSAL OF TION; OR (B) INCURRED IN JUDICIALLY COMPELLING svn oo cS FOREGOING DOES NOT PRECLUDE A PARTY FROM SEEKING sen oe te FROM A COURT OF COMPETENT JURISDICTION AND THE PROSECUBI QUEST FOR EMERGENCY RELIEF WILL NOT BE DEEMED A WAIVER OF THE’ REEL RESATOROVISTONS CONTAINED HEREIN.
F. JOINDER: THE PARTIES AGREE oe Y JOIN IN ANY ARBITRATION PROCEEDING CONDUCTED HEREUNDER, ON® OR MO SELLER'S SUBCONTRACTORS, SPECIALTY CONTRACTORS, MATERIAL SUPPHTE! as eenss DESIGNERS AND/OR “THIRD-PARTY") WHERE: (A) THE SERVICES he WORK PERFORMED OR MATERIALS SUPPLIED BY SUCH THIRD-PAR'RY FORMS-“THB BASIS, DIRECTLY OR INDIRECTLY, IN WHOLE OR PART, OF THE CLAIMS MADE-THE SUBJECT OF THE ARBITRATION PROCEEDING; (B) SUCH THIRD-PART, fe cot epnT INVOLVED IN A COMMON QUESTION OF FACT OR LAW; OR (C) ] PRESENCE, OF SUCH THIRDPARTY IS REQUIRED TO ACCORD THE PARTIES ee LIEF IN THE ARBITRATION.
oe G. FINANCIAL CAPACITY: BUYER AND SELLER EACH Tee HAT THEY HAVE ADEQUATE FINANCIAL CAPACITY TO AVAIL THEMSELVES HE,.-“ ARBITRATION REMEDIES PROVIDED HEREIN AND THAT PARTICIPATION IN NAO NOT CONSTITUTE A FINANCIAL HARDSHIP.
H. MANAGEMENT APPROVAL: BUYER UNDERSTANDS AND AGREES Va MANAGEMENT'S APPROVAL AND ACCEPTANCE OF THIS CONTRACT
EMEDIES PROVIDED HEREIN AND THAT PARTICIPATION IN NAO NOT CONSTITUTE A FINANCIAL HARDSHIP.
H. MANAGEMENT APPROVAL: BUYER UNDERSTANDS AND AGREES Va MANAGEMENT'S APPROVAL AND ACCEPTANCE OF THIS CONTRACT PARAGRAPH 31 HEREOF IS CONDITIONED IN PART AND IN pence es ER ACKNOWLEDGMENT OF AND AGREEMENT WITH THE PROVISIONS OF THI a 25. a I. SURVIVAL: THE PROVISIONS OF THIS PARAGRAPH 25 SHALL SURVIVE a CLOSING OF THIS TRANSACTION.
FILED AND RECORDED OFFICIAL PUBLIC RECORDS Dr. Dianne Prilson 2005 Feb 07 03:59 PM DA $15.00 2005015429 Dianne Wilson, Ph.D. COUNTY CLERK FT BEND COUNTY TEXAS Unofficial Document i