Set / IONOKYHG | 2W00/ Electronically Recorded = ‘2!rant County Texas Official Public Records 2007 Jul 16 11:40 AM Fee: $ 36.00 D207246936 Ffigenma/ Minhoze,) Submitter: LANDATA 6 Pages Suzanne Henderson Sore ate is made this property situated at follows: WHEREAS, the undersigned ackno p y y of the State of ‘Texas to encourage the peaceable resctution of disputes through alternative dispute resolution procedyfey WHEREAS, to the fullest ¢: S6ic law, Owner desires to release all implied warranties given by, through or under Builder retating to the constructi6 3 on the Property (the “Improvements”), including but not limited to, all implied warranties of good and workmanlike et Q and further stipulates that this AgrcementSHALL RUN WITH THE LAND.
1. ‘The purties sp: ay ap any dispute (whether contract, warranty, tort, statutory or otherwise) (the “Dispute”, including, but not limited to, (@) af an oversies, disputes or claims arising under, or related to, any contract and any amendments thereto between Builder and O f P op ty or Improvements, or any dealings between the Owner and Builder, (b) any controversy, dispute or claim arising by virtue ofla Senfations, omissions, promises or warranties alleged to have been made by Builder or Builder’s representative; and (c) g shall first be submitte Fe ederal ALD Eran ir property damage alleged to have been sustained by Owner on the Property or in the subdivision, not settled during mediation, shall thereafter be submitted to binding arbitration as provided by the et seq.) or, if appticabie, by similar state statute, and not by or m acourt of law. All decisions respecting be decided by the arbitrator. che arbitrator shall have the right to award reasonable attomeys’ fecs and
f appticabie, by similar state statute, and not by or m acourt of law. All decisions respecting be decided by the arbitrator. che arbitrator shall have the right to award reasonable attomeys’ fecs and mediation and arbitration. The mediation and, if necessary, the arbitration shall be conducted pursuant to the applicable warranty documents. [If there is any conflict between this Agreement and such procedures, the shall control. Furthermore, if the mediator and/or arbitrator designated in any applicable warranty documents or arbitration for any reason, then the mediation and arbitration shall be conducted by the American Arbitration ator, cither purty may petition a court of general jurisdiction in the subject county to appoint a mediator and/or arbitrator, : agreed that the filing of a petition requesting appointment of a mediator and/or arbitrator shall not constitute a waiver of the right to enforce binding arbitration.
In any arbitration proceeding between the parties: a. All applicable Federal and State law (including Chapter 27 of the Texas Property Code) shall apply; b. All applicable claims, causes of action, remedies and defenses that would be available in court shall apply; c. The proceeding shall be conducted by a single arbitrator sciected by a process designed to ensure the neutrality of the arbitrator, da. The parties shall be entitled to conduct reasonable and necessary discovery; e. The arbitrator shall render a written award and, ifrequested by any party, areasoned award; f. The Owner shall not be required to pay any unreasonable costs, expenses or arbitrator’s fees and the arbitrator shall have the right to apportion the cost of any such items in an equitable manner in the arbitration award; and
quired to pay any unreasonable costs, expenses or arbitrator’s fees and the arbitrator shall have the right to apportion the cost of any such items in an equitable manner in the arbitration award; and Z. Any award rendered in the proceeding shall be fina! and binding and judgment upon any such award may be entered in any court having jurisdiction.
Owner and Builder agree that notwithstanding anything to the contrary, the rights and obligations set forth in this Agreement shall survive the closing of the sale of the Property and/or Improvements from Builder to Owner. The waiver or invalidity of any portion of this Agreement shall not affect the validity or enforceability of the remaining portions of this Agreement. Owner and Builder further agree (1) that RESTRICTIVE COVENANT AND AGREEMENT -- PAGE 1 of 4 any Dispute involving Builder’s directors, officers, employees and agents shall be resolved as set forth herein and not in a court of law; and (2) that Builder shall have the option to include its subcontractos and suppliers as parties in the mediation and arbitration.
If Owner or Builder file a proceeding in any court to resolve any such controversy, dispute or claim, such action shall not constitute a waiver of the right of such party or a bar to the right of any other party to seek arbitration of that or any other claim, dispute or controversy, and the court shall, upon motion of any party to the proceeding, direct that such controversy, dispute or claim be arbitrated in accordance herewith.
Inasmuch as this Agreement provides for mandatory arbitration of Disputes, if any party commences litigation in violation of this Agreement,
rsy, dispute or claim be arbitrated in accordance herewith.
Inasmuch as this Agreement provides for mandatory arbitration of Disputes, if any party commences litigation in violation of this Agreement, such party shall reimburse the other parties to the litigation for their costs and expenses including attomeys’ fees incurred in seeking abatement of such litigation and enforcement of arbitration.
2. OWNER AND BUILDER ACKNOWLEDGE THAT THE RESIDENTIAL CONSTRUCTION LIABILITY ACT (th APPLIES TO CONSTRUCTION DEFECTS AND ANY DISPUTES OR CLAIMS REGARDING CONST EUS HON DE: AND THAT ANY NOTICE UNDER THE RCLA SHALL BE SEPARATELY SENT TO BUILDER IN THE MANNAR RCLA, OWNER AND BUILDER ACKNOWLEDGE THAT THE RCLA CONTROLS TO THE EXTENT OF AN THE RCLA AND ANY OTHER WE INCLUDING THE DECEPTIVE TRADE PRACTICES - CO 4. Owner hereby agrees, acknowledges and stipulates that THE ONLY EXPR ARRANTY GIVEN BY BUILDER TO OWNER RELATING TO THE PROPERTY AND/OR IMPROVEMENTS IS THAT EXPR B LIMITED HOME WARRANTY PROVIDED BY BUILDER (the “Limited Warranty”). OWNER AGREES AM &T BY SIGNING THIS AGREEMENT THEY ARE WAIVING ANY CLAIM OR CAUSE OF ACTION UNDER A WH ORY OF IMPLIED WARRANTY OF GOOD AND WORKMANLIKE CONSTRUCTION AND THAT ANY SUCH ED wv ARRANTY, TO THE EXTENT IT EXISTS IN TEXAS, IS RR ORPORATED BY REFERENCE INTO THIS AGREEMENT. OWNER ACKNOWLEDGES THAT THE TERMS SUFFICIENTLY DETAILED TO ESTABLISH THE ONLY SPA MEET. OWNER ACKNOWLEDGES THAT THEY HAVE R&¢ TO DELIVER A COPY OF THE LIMITED WARRANTY TO AN' 5. In the event that the reasonable cost o Improvements that are the responsibility of tor exce without reference to the construction defect(s epurchase the Property in accordance with Section 27.004 of the Texas Re Contract between Owner and Builder and the delivery of the deed to the
tor exce without reference to the construction defect(s epurchase the Property in accordance with Section 27.004 of the Texas Re Contract between Owner and Builder and the delivery of the deed to the 6. Owner and Builder products incorporated into the Improve appliances or equipment shall be assigned efige and stipulate that all manufacturer warranties on equipment and consumer onditioners, heating units, water heaters, refrigerators, ranges, dishwashers and other (ner hereby agrees, acknowledges and stipuhtes that Builder makes NO WARRANTIES OF ANY KIND, EXPRESS OR CONCERNING SUCH EQUIPMENT OR CONSUMER PRODUCTS AND EXPRESSLY DISCLAIMS ALL IMPLIED P RCHANTABILITY, FITNESS OF USE FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTIES TO TJEXTENT PERMITTED BY STATE OR FEDERAL LAW.
7. Build eaSonable care in assuring that the Property and Improvements are free of harmful molds and other undesirable 9 ish : byen utilizing modem materials, techniques and designs, any construction project can experience a problem with mold§ ant other bia ppurities if proper maintenance procedures are not implemented. Such maintenance is a responsibility of Owner. Th&O positive steps to reduce or diminate the occurrence of mold growth in the home, and thereby minimize any possible adverse effec used by mold. These steps include the following Before bringing items into the home, check for signs of mold. Potted plants (roots and soil), furnishings, or stored lothing and bedding material, as well as many other household goods, could already contain mold growth. Once mold is brought into the home, its spores can spread to other areas of the home.
b. Regular vacuuming and cleaning will help reduce mold levels. Mild bleach solutions and most tile cleaners are effective
d is brought into the home, its spores can spread to other areas of the home.
b. Regular vacuuming and cleaning will help reduce mold levels. Mild bleach solutions and most tile cleaners are effective in eliminating or preventing mold growth.
c. Keep the humidity in the home Jow. Ventilate kitchens and bathrooms by opening the windows, using exhaust fans, or running the air conditioning to remove excess moisture in the air. Promptly clean up and dry spills, condensation and other sources of moisture. Promptly replace any materials that cannot be thoroughly dried, such as drywall or insulation, d. Inspect for leaks on a regular basis. Look for discolorations or wet spots. Repair any leaks promptly. Inspect condensation pans (refrigerators and air conditioners) for mold growth. Take notice of musty odors, and any visible signs of mold.
RESTRICTIVE COVENANT AND AGREEMENT - PAGE 2 of 4 €. Should mold develop, thoroughly clean the affected area with a mild solution of bleach. First, test to see if the affected material or surface is color safe. Porous materials, such as fabric, upholstery or carpet should be discarded, Should the mold growth be severe, call on the sesvices of a qualifi ted professional.
f. Electronic air filters that may assist in effective air filtration and dehumidifiers to maintain humidity levels are available at additional cost from numerous vendors.
Whether or not a home experiences mold growth depends largely on how it is maintained. The Builder has not made, created or invited (nor does it intend to make, create or invite) any warranty or any other expectancy, either express or implied, in regard to any mold or other biological
. The Builder has not made, created or invited (nor does it intend to make, create or invite) any warranty or any other expectancy, either express or implied, in regard to any mold or other biological impurities. The Owner understands and agrees that the Builder is not responsible, and hereby disclaims any liability for, any damages (why actual, special, incidental or consequential) or for any injury, illness or allergic reactions (including, but not limited to, any personal Ynj which the Owner, or the Gwner’s family members or invitees may experience as aresult of mold, mildew, fungus, spores, chemicals i impurities, including, but not limited to, property damage, personal injury, loss of income, emotional distress, death, loss of uses and adverse health effects, or any other effects. For Fifty Doltars ($50.00) and other good and valuable consideration, the recpip of which is hereby acknowledged, Owner (for themselves and for their joint and several agents, heirs, successors, executo!
and assigns) hereby releases Builder and all of its officers, shareholders, directors, employees, agents, affiliates, and ipéwre “Releasees”) of and from any and alt present and future claims, demands, causes of action and damages, of whatever but not limited to, any claim for personal injury, whether resulting from the negligence of a Releasee or otherwise}th way relates to the presence of mold, chemicals or biological impurities at the Property. To the maximum exte waives (and is estopped to assert) all claims to the contrary.
which Owner deals, dparty for damages related ent or or damages from Builder.
ry and all insurers waivers of Owner hereby further releases, on behalf of themselves and on behalf of any insura
ontrary.
which Owner deals, dparty for damages related ent or or damages from Builder.
ry and all insurers waivers of Owner hereby further releases, on behalf of themselves and on behalf of any insura Builder from any claim for subrogation. Owner understands that if it makes a claim upon an to mold, chemicals or biological impurities, such insurer or third-party will not be able to Owner agrees to not assign any of their rights to any insurer or third party. Owner agred subrogation of any such claims.
8 Owner and Builder agree that this Agreement shall be filed of which the Property is located.
9, Owner and Builder further stipulate that this Agreement SI ments have been completed in accordance with the approved and accepted by Owner and (ii) Owner has 10. By execution of this Agreement, (i) Owner oO gS and liabilities relating to the Property or Improvements contract between Owner and Builder or that any discrepancies oF défi 11. Owner and Buiider agree, ackn an| except as otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of the parti e twe heirs, executors, officers, directors, shareholders, representatives, successors and assigns.
North Richland Hills, Tx A618 RESTRICTIVE COVENANT AND AGREEMENT — PAGE 3 of 4 e. Should mold develop, thoroughly clean the affected area with a mild solution of bleach. First, test to see if the affected material or surface is color safe. Porous materials, such as fabric, upholstery or carpet should be discarded. Should the mold growth be severe, call on the services of a qualified professional.
f. Electronic air filters that may assist in effective air filtration and dehumidifiers to maintain humidity levels are available at additional cost from numerous vendors.
of a qualified professional.
f. Electronic air filters that may assist in effective air filtration and dehumidifiers to maintain humidity levels are available at additional cost from numerous vendors.
Whether or not a home experiences mold growth depends largely on how it is maintained. The Builder has not made, created or invited (nor does it intend to make, create or invite) any warranty or any other expectancy, either express or implied, in regard to any mold or other biological lp The Owner understands and agrees that the Builder is not responsible, and hereby disclaims any liability are, any damages impurities, including, but not limited to, property damage, personal injury, loss of income, emotional distress, death, joss of A and adverse health effects, or any other effects. For Fifty Dollars ($50.00) and other good and valuable consideration, the receipt'and sutficiegcy way relates to the presence of mold, chemicals or biological impurities at the Property. To the maximum ex#é : % Owner hereby waives (and is estopped to assert) all claims to the contrary.
ay thifdparty for damages related to mold, chemicals or biological impurities, such insurer or third-party will not be able fo pprsue rei ement or damages from Builder.
Owner agrees to not assign any of their rights to any insurer or third party. Owner agrees b subrogation of any such claims.
8. Owner and Builder agree that this Agreement shall be filed o which the Property is located.
9. Owner and Builder further stipulate that this Agreement 69, ROA 10. By execution of this Agreement, (i) Owner ac ge 12) p contract between Owner and Builder or that any discrepancies ord ve accepted the Property and Improvements and hereby releases-Burhde f except for Builder’s obligations arising under the express Lj SNCs ha
act between Owner and Builder or that any discrepancies ord ve accepted the Property and Improvements and hereby releases-Burhde f except for Builder’s obligations arising under the express Lj SNCs ha 11. Owner and Builder agree, ac’ upon and inure to the benefit of the parti successors and assigns.
WINER OWNER Address: LZ. gn br.
ore LéS UILDER: HMH Lifestyles, L.P.
By: Printed Name: Its: Address: 9001 Airport Freeway Suite 400 North Richland Hills, Tx 76180 RESTRICTIVE COVENANT AND AGREEMENT - PAGE 3 of 4 day of guly 2007 by STATE OF TEXAS COUNTY OF Larrant Ran § § § This instrument was acknowledged before me on the CAROLE WILKINSON (Owner).
ARY PUBLIC Notary Public STATE OF TEXAS Notary Public, State of Texas Personalized Notary Seal DATE OF TEXAS My Comm. Exp. 04-30-2010 STATE OF TEXAS COUNTY OF Tarrant This instrument was acknowledged before me on Sadove Boldowner).
Personalized Notary Seal КОТАПЕ РUBLIC STATE OF TEXAB CAROLE WILKINSON Notary Public My Comm. Exp. 04-30-2010 July 2007 by Notary Public, State of Texas Unofficial Copy THE STATE OF TEXAS COUNTY OF Tarrant Jodi Jensen This instrument was acknowledged before me on the A day of July 2007 by [title] of HMH Lifestyles, L.P., on behalf of said entity.
Stacey Bell Notary Public, State of Texas Personalized Notary Seal AFTER RECORDING, RETURN TO: History Maker Homes, LLC 9001 Airport Freeway, Suite 400 North Richland Hills, Tx 76180 ..............
RY TE STACEY BELL MY COMMISSION EXPIRES February 14, 2010 RESTRICTIVE COVENANT AND AGREEMENT - PAGE 4 of 4 STATE OF TEXAS pase § COUNTY OF _! avva NI § “Se, CAROLE WILKINSON S Notary Puntic STATE OF TEXAS Pincha Notary Public, State of Texas Personalized Notary Seal y Comm, Exp, 04-30-2010 | STATE OF TEXAS § Te § courryor Lar vo Wt §
OF _! avva NI § “Se, CAROLE WILKINSON S Notary Puntic STATE OF TEXAS Pincha Notary Public, State of Texas Personalized Notary Seal y Comm, Exp, 04-30-2010 | STATE OF TEXAS § Te § courryor Lar vo Wt § — This, jnstument was acknowledged before me Ksrolove Bolly eien eect reader Po omit, é BERS ic, State of Texas Personalized Notary Seal ie ey THE STATE OF TEXAS COUNTY OF This instrumen giged before me on the day of 20 by [title] of HMH Lifestyles, L.P. , on behalf of said entity.
Notary Public, State of Texas Personalized AFTER R History Make? Homes, LLC 9001 Airport Freeway, Suite 400 | North Richland Hills, Tx 76180 hs RESTRICTIVE COVENANT AND AGREEMENT -- PAGE 4 of 4