S672272070 Electronically Recorded = ‘2!rant County Texas Official Public Records 2007 Aug 08 07:51 AM a D207277295 Fee: $ 36.00 Ffigenma/ Minhoze,) Submitter: LANDATA 6 Pages Suzanne Henderson his Res Teddi lowing described property situated at § “Property”), and more particularly described. as follows: Block 2 “Rawara..)
te Texas, and being locally 1 WHERBPAS, the undersigned ackno’ through alternative dispute resolution procedupag WHEREAS, to the fullest extent pe pfite i aw, Owner desires to release all implied warranties given by, through or under Builder relating to the constructi i > s on the Property (the “Improvements”), including but not limited to, all implied 2 a and further stipulates that this AgreementSHALL RUN WITH THE LAND.
NOW, THEREFORE, for v3 Mmidefation, the receipt and sufficiency of which is hereby acknowledged, the undersigned hereby acknowledge, agree and stipular es 1. The parties spegi az any dispute (whether contract, warranty, tort, statutory or otherwise) (the “Dispute”), including, but not limited to, (g y a 6versics, disputes or claims arising under, or related to, any contract and any amendments thereto betwecn Builder and O e Ryoperty or improvements, or any dealings between the Owner and Builder; (b) any controversy, dispute or claim arising by virtue ofjam enjations, omissions, promises or warranties alleged to have been made by Builder or Burlder’s shall first be submitted not setiled during mediation, shall thereafter be submiticd to binding arbitration as provided by the Federal Arbitration A 2 g seq.) or, if applicable, by similar state statute, and not by or in a court of law. All decisions respecting
thereafter be submiticd to binding arbitration as provided by the Federal Arbitration A 2 g seq.) or, if applicable, by similar state statute, and not by or in a court of law. All decisions respecting i é 3 1 be decided by the arbitrator. The arbitrator shall have the right to award reasonable attorneys” fees and mediation and arbitration. The mediation and, if necessary, the arbitration shall be conducted pursuant to Pplicable warranty documents. If there is amy conflict between this Agre¢ment 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, either party may petition a court of general jurisdiction in the subject county to appoint a mediator and/or arbitrator.
greed that the filing of a petition requesting appointment of a mediator and/or arbitrator shall not constitute a waiver of the right to cnfdtee-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 sclected by a process designed to ensure the neutrality of the arbitrator; d. ‘The partics shall be entitled to conduct reasonable and necessary discovery; cs ‘The arbitrator shall render a written award and, if requested by any party, areasoned award; f. The Owner shal) not be required to pay any unreasonable costs, expenses or urbitralor’s fees and the arbitrator shall have
ll render a written award and, if requested by any party, areasoned award; f. The Owner shal) not be required to pay any unreasonable costs, expenses or urbitralor’s fees and the arbitrator shall have the right to apportion the cost of any such items in an cquitable manner in the arbitration award; and zB Any award rendercd in the proceeding shall be final 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 conwary, 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.
FOR WARRANTY PERFORMANCE SHALL NOT BE CONSTRUED AS A NOTICE OF CONSTRUCTION DEFEC 3. OWNER, BY SIGNING THIS AGREEMENT, ACKNOWLEDGES THA’ UNDERSTANDS THE PROVISIONS CONTAINED HEREIN.
HEORY OFMMPLIED WARRANTY OF GOOD AND ARRANTY, TO THE EXTENT IT EXISTS IN TEXAS, IS ee BY REFERENCE INTO THIS r LN THEY ARE WAIVING ANY CLAIM OR CAUSE OF ACTION UNDER %& WORKMANLIKE CONSTRUCTION AND THAT ANY SUCH IMPLIED EXPRESSLY REPLACED BY THE TERMS OF THE LIMITED we RR BD) WARRANTY ARE CLEAR, SPECIFIC AND F CONS SROCTION WHICH BUILDER IS OBLIGATED TO MEET. OWNER ACKNOWLEDGES THAT THEY HAVE R TO DELIVER A COPY OF THE LIMITED WARRANTY TO Property Code. This right of election shall s Property from Builder to Owner and shall be Contract between Owner and Builder and the delivery of the deed to the essors and assigns.
6. Owner and Builder 7 wledt products incorporated into the Improves iN conditioners, heating units, water heaters, refrigerators, ranges, dishwashers and other appliances or equipment shall be assigrfe Ler. er hereby agrees, acknowledges and stipuhtes that Builder makes NO WARRANTIES OF ANY KIND, EXPRESS OR-tMP QNCERNING SUCH EQUIPMENT OR CONSUMER PRODUCTS AND EXPRESSLY DISCLAIMS ALL IMPLIED WARR R MERCHANTABILITY, FITNESS OF USE FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTIES TO EXTENT PERMITTED BY STATE OR FEDERAL LAW.
QUIPMENT OR CONSUMER PRODUCTS AND EXPRESSLY DISCLAIMS ALL IMPLIED WARR R MERCHANTABILITY, FITNESS OF USE FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTIES TO EXTENT PERMITTED BY STATE OR FEDERAL LAW.
he onable care in assuring that the Property and Improvements are free of harmful molds and other undesirable Sree ¢ ven utilizing modern materials, techniques and designs, any construction project can experience a problem with moldsa f j ida] inspurities if proper maintenance procedures are not implemented. Such maintenance is 2 responsibility of Owner. The ner Can take € steps to reduce or diminate the occurrence of mold growth in the home, and thereby minimize any possible Before bringing items into the home, check for signs of mold. Potted plants (roots and soil), fumishings, or stored Jothing 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.
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 low. 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 teaks 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.
k 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 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.
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 impurities. The Owner understands and agrees that the Builder is not responsibie, and hereby disclaims any liability for, any damage’ actual, special, incidental or consequential) or for any injury, illness or allergic reactions (including, but not limited to, any persons i which the Owner, or the Owner’s family members or invitees may experience as a result of mold, mildew, fungus, spores, cherpi€al Pioldgicat impurities, including, but not limited to, poy damage, eeraee injury, loss of income, emotional distress, death, loss of Avalie way relates to the presence of mold, chemicals or biological impurities at the Property. To the maximum ¢ waives (and is estopped to assert) all claims to the contrary.
distress, death, loss of Avalie way relates to the presence of mold, chemicals or biological impurities at the Property. To the maximum ¢ waives (and is estopped to assert) all claims to the contrary.
Owner hereby further releases, on behalf of themselves and on behalf of any insyl Builder from any claim for subrogation. Owner understands that if it makes a claim upon to mold, chemicals or biological impurities, such insurer or third-party will not be able Owner agrees to not assign any of their rights to any insurer or third party. Owner aghge subrogation of any such claims.
ement or damages from Builder.
fa any and all insurers waivers of 8. Owner and Builder agree that this Agreement shall be filed o din the appropriate real property records of the County in which the Property is located.
9. Owner and Builder further stipulate that this Agreementg 0 PM THE LAND.
10. By execution of this Agreement, (i) Owner ai contract between Owner and Builder or that any discrepancies o accepted the Property and Improvements and hereby release i tl]. Owner and Builder agree, ac ipula at, except as otherwise provided herein, this Agreement shal! be binding upon and inure to the benefit of the p. exetona tive heirs, executors, officers, directors, shareholders, representatives, successors and assigns.
BUILDER; HMH Lifestyles, L.P.
North Richland Hilts, Tx 76180 RESTRICTIVE COVENANT AND AGREEMENT — PAGE 3 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 services of a qualified professional.
ected 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.
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 impurities. The Owner understands and agrees that the Builder is not responsible, and hereby disclaims any liability for, any damages (whether actual, special, incidental or consequential) or for any injury, illness or allergic reactions (including, but not limited to, any persofiak inj which the Owner, or the Owner’s family members or invitees may experience as a result of mold, mildew, fungus, spores, chemicals 4 impurities, including, but not limited to, property damage, personal injury, loss of income, emotional distress, death, foss of yst 2 and adverse health effects, or any other effects. For Fifty Dollars ($50.00) and other good and valuable consideration, the recéfpta Hictency of which is hereby acknowledged, Owner (for themselves and for their joint and several agents, heirs, successors, executg Brageéssattomméys and assigns) hereby releases Builder and all of its officers, shareholders, directors, employees, agents, affiliates, and i e “Releasees”) of and from any and all present and future claims, demands, causes of action and damages, of whatevef ki
l of its officers, shareholders, directors, employees, agents, affiliates, and i e “Releasees”) of and from any and all present and future claims, demands, causes of action and damages, of whatevef ki but not limited to, any claim for personal injury, whether resulting from the negligence of a Releasee or otherwise) that av way relates to the presence of mold, chemicals or biological impurities at the Property. To the maximum e e waives (and is estopped to assert) all claims to the contrary.
Owner hereby further releases, on behalf of themselves and on behalf of any insurgt g Builder from any claim for subrogation. Owner understands that if it makes a claim upon axy ipSbra icy isdparty for damages related Owner agrees to not assign any of their rights to any insurer or third party. Owner agteeskto obtain }from any and all insurers waivers of 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 S 10. By execution of this Agreement, (7) Owner acl contract between Owner and Builder or that any discrepancies or ¢ 11. Owner and Builder agree, ackn upon and inure to the benefit of the parti successors and assigns.
OWNER au CoO Address: \ Alo TLDER: HMB 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 STATE OF “tan ian a COUNTY or MUANT € % i — acknowledged before me on the Notary Public, State of Texas t-te CAROLE WILKINSON Notary Public P alized Ni Seal RRO STATE OF TBs STATE OF TEXAS § § COUNTY OF § This instrument was acknowledged before me the if , 20. by (Owner), © lotary Public, State of Texas Personalized Notary Seal \S
Public P alized Ni Seal RRO STATE OF TBs STATE OF TEXAS § § COUNTY OF § This instrument was acknowledged before me the if , 20. by (Owner), © lotary Public, State of Texas Personalized Notary Seal \S THE STATE OF TEXAS § ‘ SH COUNTY OF Wee7Nr This [title] of HMH Lifestyles, L.P. , on behalf of said entity.
ai Danek db, Notary Public, State of Texas instrume po yt, Hite, JANET R. LEWIS Ne MY COMMISSION EXPIRES ue July 8, 2011 al BY hae 9001 Aizport Freeway, Suite 400 | North Richland Hills, Tx 76180 RESTRICTIVE COVENANT AND AGREEMENT ~ PAGE 4 of 4 STATE OF TEXAS § | § conrvor MUANT 5 L “his instrument pwas acknowledged before me on the 20 b4 by oS iy, . SEX CAROLE WHLKItSON | Se Personalized Notary Seal i Nojary Public Er iy Conan, Exp. 04-30-2010 | STATE OF TEXAS § © § COUNTY OF § This instrument was acknowledged before me the 9 ; 20 by (Owner).
© tary Public, State of Texas Personalized Notary Seal \S THE STATE OF TEXAS + COUNTY OF This instrumen ciged before me on the day of , 20 by [ [éitle] of HMH Lifestyles, L.P. , on behalf of said entity.
Notary Public, State of Texas Personalize, History MaKker-tfomes, LLC 9001 Airport Freeway, Suite 400 | North Richland Hills, Tx 76180 RESTRICTIVE COVENANT AND AGREEMENT -- PAGE 4 of 4