6SSree2070 Set /OORWIS | 2U0/ Electronically Recorded = ‘2!rant County Texas Official Public Records 2007 Sep 19 01:59 PM D207334559 Fee: $ 36.00 Ffigenma/ Minhoze,) Submitter: LANDATA 6 Pages Suzanne Henderson Ag) by and between Qy UP RACLIE St Owner is lowing described property situated at G LARCH MAID DY We, ae : “Property”), and more particularly described. as follows: Lets Blok Rok 5 4 NEXODS- County, Texas, and being locally kn WHEREAS, the undersigned ackno : of the State of Texas to encourage the peaceable resolution of disputes WHEREAS, to the fullest exten 2 ui able law, Owner desires to release all implicd warrantics given by, through or warranties of good and workananlike y and further stipulates that this AgreementSHALL RUN WITH THE LAND.
Tty or Improvements, or any dealings between the Owner and Builder; (b) any controversy, dispute ations, omissions, promises or warranties alleged to have been made by Builder or Builder's x 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 seq.) or, if applicable, by similar state statute, and not by or in a court of law. All decisions respecting all be decided by the arbitrator. The arbitrator shal] have the right to award reasonable attorneys’ fees and mediation and arbitration. The mediation and, if necessary, the arbitration shall be conducted pursuant to g the applicable warranty documents. If there is any conflict between this Agreément and such procedures, the
bitration. The mediation and, if necessary, the arbitration shall be conducted pursuant to g the applicable warranty documents. If there is any conflict between this Agreément and such procedures, the Furthermore, if the mediator and/or arbitrator designated im any applicable warranty documents fan arbitrator in the county where the subject Property is located. If the parties are unable to agree on the appointment of a itgator, cither party may petition a court of general jurisdiction in the subject county to appoint a mcdiator and/or arbitrator.
right to enfofeetinding arbitration.
In any arbitration proceeding between the parties: a. Al! 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 arbiwater selected by a process designed to ensure the neutrality of the arbitrator; d. The parties shall be entitled to conduct rcasonable and necessary discovery; e. The arbitrator shall render a written award and, if requested 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 im the arbitration award; and g. Any award rendered in the proceeding shall be final and binding and judgment upon any such award may be cntered 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
upon any such award may be cntered 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 14 of 4 any Dispute involving Builder’s directors, officers, employees and agents shall be resotved as set forth herein and not in a court of law; and (2) that Builder shali 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, such party shall reimburse the other parties to the litigation for their costs and expenses including attorneys’ fees incurred in seeking abatement of such litigation and enforcement of arbitration.
2. OWNER AND BUILDER ACKNOWLEDGE THAT THE RESIDENTIAL CONSTRUCTION LIABILITY ACT ( APPLIES TO CONSTRUCTION DEFECTS AND ANY DISPUTES OR CLAIMS REGARDING CONSTRUCTION DEI F
d enforcement of arbitration.
2. OWNER AND BUILDER ACKNOWLEDGE THAT THE RESIDENTIAL CONSTRUCTION LIABILITY ACT ( APPLIES TO CONSTRUCTION DEFECTS AND ANY DISPUTES OR CLAIMS REGARDING CONSTRUCTION DEI F CONNECTION WITH THE IMPROVEMENTS. OWNER AND BUILDER UNDERSTAND THAT THE RCLA CONTAINS'RE AND THAT ANY NOTICE UNDER THE RCLA SHALL BE SEPARATELY SENT TO BUILDER IN THE MA RCLA. OWNER AND BUILDER ACKNOWLEDGE THAT THE RCLA CONTROLS TO THE EXTENT OF AX THE RCLA AND ANY OTHER LAW, INCLUDING THE DECEPTIVE TRADE PRACTICES - CONSL SUBCHAPTER E, CHAPTER 17, TEXAS BUSINESS & COMMERCE CODE (the “DTPA”), AS PROVE DTPA.
3. OWNER, BY SIGNING THIS AGREEMENT, ACKNOWLEDGES THA UNDERSTANDS THE PROVISIONS CONTAINED HEREIN.
KPR ARRANTY GIVEN BY BUILDER TO OWNER RELATING TO THE PROPERTY AND/OR IMPROVEMENTS IS THAT EXPRESS.WR LIMITED HOME WARRANTY PROVIDED BY BUILDER (the “Limited Warranty”). OWNER AGREES ANP 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 WARR IEORY OF PLIED WARRANTY OF GOOD AND TY, TO THE EXTENT IT EXISTS IN TEXAS, IS ANTY RYCORPORATED BY REFERENCE INTO THIS INITBD WARRANTY ARE CLEAR, SPECIFIC AND RUCTION WHICH BUILDER IS OBLIGATED TO MEET. OWNER ACKNOWLEDGES THAT THEY HAVE Ye R EWED SUCH WARRANTY, AND OWNER AGREES TO DELIVER A COPY OF THE LIMITED WARRANTY TO QUE URCHASER OF THE PROPERTY.
5. In the event that the reasonable cost of Aepa repair a construction defect or defects in or related to the Improvements that are the responsibility of Buil without reference to the construction defect(s) Property Code. This right of election shall s Property from Builder to Owner and shall be ucCessors and assigns.
nts that are the responsibility of Buil without reference to the construction defect(s) Property Code. This right of election shall s Property from Builder to Owner and shall be ucCessors and assigns.
6, Owner and Builder e and stipulate that all manufacturer warranties on equipment and consumer conditioners, heating units, water heaters, refrigerators, ranges, dishwashers and other appliances or equipment shall be assigndd’te OW er hereby agrees, acknowledges and stipubtes that Builder makes NO WARRANTIES OF ANY KIND, EXPRESS OB Ph ONCERNING SUCH EQUIPMENT OR CONSUMER PRODUCTS AND EXPRESSLY DISCLAIMS ALL IMPLIED IERCHANTABILITY, FITNESS OF USE FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTIES TO Before bringing items into the home, check for signs of moid. 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.
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 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.
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 responsible, and hereby disclaims any liability for, any damages{whether actual, special, incidental or conséquential) or for any injury, illness or allergic reactions (including, but not limited to, any perse which the Owner, or the Owner’s family members or invitees may experience as a result of mold, mildew, fungus, spores, chemicals 0 impurities, including, but not limited to, property damage, aeaien injury, loss of income, emotional distress, death, loss of Q “Releasees”) of and from any and all present and Toate claims, demands, causes of action and. damages, of whate but not limited to, any claim for personal injury, whether resulting from the negligence of a Releasee or othe!
m any and all present and Toate claims, demands, causes of action and. damages, of whate but not limited to, any claim for personal injury, whether resulting from the negligence of a Releasee or othe!
way relates to the presence of mold, chemicals or biological impurities at the Property. To the maximum exté waives (and is estopped to assert) all claims to the contrary.
Owner hereby further releases, on behalf of themselves and on behalf of any insurgfice carrier ort Builder from any claim for subrogation. Owner understands that if it makes a claim upon ayly i icyar.thi fiaty for damages related to mold, chemicals or biological impurities, such insurer or third-party will not be pl to i ement or damages from Builder.
subrogation of any such claims.
8. Owner and Builder agree that this Agreement shall be filed o in the appropriate real property records of the County in which the Property is located.
9. Owner and Builder further stipulate that this AgreementS THE LAND.
10. By execution of this Agreement, (i) Owner achep%edel e gprovements have been completed in accordance with the contract between Owner and Builder or that any discrepancies or Giffesgn Yeen approved and accepted by Owner and (ii) Owner has accepted the Property and Improvements and hereby Teleases e a ail.claims and liabilities relating to the Property or Improvements 11. Owner and Builder agree, ac!
upon and inure to the benefit of the parti successors and assigns.
it, except as otherwise provided herein, this Agreement shall be binding ive heirs, executors, officers, directors, shareholders, representatives, M ILDER: 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
reholders, representatives, M ILDER: 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 &. 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, cal] on the services of a qualified professional.
£ 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 Jargely 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 bigiogical impurities. The Owner understands and agrees that the Builder is not responsible, and hereby disclaims any liability for, any damages actual, special, incidental or conséquential) or for any injury, illness or allergic reactions (including, but not limited to, any ae and assigns) hereby releases Builder and all of its officers, shareholders, directors, employees, agents, affiliates, and “Releasees”) of and from any and all present and future claims, demands, causes of action and damages, of whatever Ri but not limited to, any claim for personal injury, whether resulting from the negligence of a Releasee or othep way relates to the presence of mold, chemicals or biological impurities at the Property. To the maximum eyfe waives (and is estopped to assert) all claims to the contrary.
gence of a Releasee or othep way relates to the presence of mold, chemicals or biological impurities at the Property. To the maximum eyfe waives (and is estopped to assert) all claims to the contrary.
Owner hereby further releases, on behalf of themselves and on behalf of any insugé Builder from any claim for subrogation. Owner understands that if it makes a claim. upon aj Owner agrees to not assign any of their rights to any msurer or third party. Owner agree subrogation of any such claims.
8. Owner and Builder agree that this Agreement shall be filed 0! iin the appropriate real property records of the County in which the Property is located.
9. Owner and Buitder further stipulate that this Agreement Sid MITA THE LAND.
10. By execution of this Agreement, (7) Owner ave Ween approved and accepted by Owner and (ii) Owner has accepted the Property and Improvements and hereby releases j i Alicleims and liabilities relating to the Property or Improvements 11. Owner and Builder agree, ac!
except as otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of the p pttive heirs, executors, officers, directors, shareholders, representatives, successors and assigns.
OWNER Address: BUILDER: HMH Lifestyles, L.P.
North Richland Hills, Tx 76180 RESTRICTIVE COVENANT AND AGREEMENT — PAGE 3 of 4 History Maker Homes, LLC 9001 Airport Freeway, Suite 400 North Richland Hills, Tx 76180 RETURN TO: THE STATE OF TEXAS COUNTY OF IZRREN Jodi Jansan This Personalized Notary Seal STATE OF TEXAS COUNTY OF Tavant § 956 § This instrument was acknowledged before me on the addle Leitment Owner).
Personalized Notary Seal Unofficialov Secretary Sept 2007 by before me on the [title] of HMH Lifestyles, L.P., on behalf of said entity.
LISA PETTIGREW NOTARY PUBLIC ☆
me on the addle Leitment Owner).
Personalized Notary Seal Unofficialov Secretary Sept 2007 by before me on the [title] of HMH Lifestyles, L.P., on behalf of said entity.
LISA PETTIGREW NOTARY PUBLIC ☆ STATE OF TEXAS EXPIRES 7-9-2009 Notary Public, State of Texas Pettigrew 17 day of TINA M. ESTER Notary Public, My Notary Notary Public, State of Texas Sept 2007 by STATE OF TEXAS COUNTY OF Tawant Kemberly 98 § § § This instrument was acknowledged before me on the malore (Owner).
TINA M. ESTEP Notary Public, State of Texas My Commission Expires May 20, 2009 17 day of Sept. 2007 by Notary Public, State of Texas RESTRICTIVE COVENANT AND AGREEMENT - PAGE 4 of 4 STATE OF TEXAS § § COUNTY of Caan § Kp / This instrument was acknowledged before me on (Owner). ; / . crest OR EE %, gh IE s eTyEo TINA M. ESTER State of Texes isgion Expires Notary Public Ny Comm Personalized Notary Seal STATE OF TEXAS rai} county or LQWAG AA Personalized Notary Seal THE STATE OF TEXAS COUNTY OF This gigsed before me on the day of [title] of HMH Lifestytes, L.P. , on behalf of said entity.
20 by Notary Public, State of Texas 9001 Airport Freeway, Suite 400 | North Richland Hills, Tx 76180 RESTRICTIVE COVENANT AND AGREEMENT — PAGE 4 of 4