-v9zo0s0zd Electronically Recorded = ‘2!rant County Texas Official Public Records 2008 Jan 03 12:15 PM Fee: $ 36.00 D208002641 Ffigenma/ Minhoze,) Submitter: LANDATA 6 Pages Suzanne Henderson pie law, Owner desires to rclease all implied warranties given by, through or g on the Property (the “Improvements”), including but not limited to, all implied and further stipulates that this AgreementSHALL RUN WITH THE LAND.
adany dispute (whether contract, warranty, tort, statutory or otherwisc) (the “Dispute”’), including, but not limited to, (¥%) 4 ind 2 coltefoversies, disputes or claims arising under, or related to, any contract and any amendments thereto between Builder and O e opérty or Improvements, or any dealings between the Owner and Builder, (b) any controversy, dispute or claim arising by virtue o njations, omissions, promises or warranties alleged to have been made by Builder or Builder’s representative; and (c) ay property damage alleged to have been sustained by Owncr on the Property or in the subdivision, shal) first be submitted not settled during mediation, shall thereafter be submitted to binding arbitration as provided by the ct seq.) or, if applicable, by similar statc statute, and not by or in a court of law. All decisions respecting be decided by the arbitrator. The arbitrator shall have the right to award reasonable attorncys” fees and eb mediation and arbitration. The mediation and, if necessary, the arbitration shali be conducted pursuant to the applicable warranty documents. If there is any conflict between this Agreement and such procedures, the all control. Furthermore, if the mediator and/or arbitrator designated in any applicable warranty documents
warranty documents. If there is any conflict between this Agreement and such procedures, the all control. Furthermore, if the mediator and/or arbitrator designated in any applicable warranty documents diatioxt or arbitration for any reason, then the mediation and arbitration shall be conducted by the American Arbitration ”) ik accordance with its applicable rules. If, for any reason, the AAA is unabic or unwilling to conduct the mediation and/or bropeedings specificd above, the parties agree to work together in good faith to select a mediator and, if all disputes are not resolvdd gedigtionfan arbitrator in the county where the subject Property is located, If the partics are unable lo agree on the appointment of a Grbiffator, either party may petition a court of gencrai jurisdiction in the subject county to appoint a mediator and/or arbitrator.
Tt is stipul angeSagreed 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, remedics and defenses that would be available in court shall apply; c. The proceeding shal] be conducted by a single arbitrator sclected by a process designed to ensurc the neutrality of the arbitrator, d, The parties shall be entitled to conduct reasonable and necessary discovery; e. The arbitrator shal! 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
l! 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 iterns in an equitable manner in the arbitration award; and gs. Any award rendered 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 agreé 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 shal! 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 attorneys’ fees incurred in seeking abatement of such litigation and enforcement of arbitration.
2. OWNER AND BUILDER ACKNOWLEDGE THAT THE RESIDENTIAL CONSTRUCTION LIABILITY ACT (the APPLIES TO CONSTRUCTION DEFECTS AND ANY DISPUTES OR CLAIMS REGARDING CONSTRUCTION DEF!
CONNECTION WITH THE IMPROVEMENTS. OWNER AND BUILDER UNDERSTAND THAT THE RCLA CONTA: i TO EXPEDITE THE RESOLUTION OF CLAIMS. OWNER AND BUILDER ALSO ACKNOWLEDGE AND AGREE TH?
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 A THE RCLA AND ANY OTHER LAW, INCLUDING THE DECEPTIVE TRADE PRACTICES - CONS OWNER RELATING TO THE PROPERTY AND/OR IMPROVEMENTS IS THAT EXPR PROVIDED BY BUILDER (the “Limited Warranty”). OWNER AGREES A THEY ARE WAIVING ANY CLAIM OR CAUSE OF ACTION UNDER ANY’ WORKMANLIKE CONSTRUCTION AND THAT ANY SUCH IMPLIED WARRAX EXPRESSLY REPLACED BY THE TERMS OF THE LIMITED WABRA SUFFICIENTLY DETAILED TO ESTABLISH THE ONLY ST MEET. OWNER ACKNOWLEDGES THAT THEY HAVE E WED SUCH WARRANTY, AND OWNER AGREES TO DELIVER A COPY OF THE LIMITED WARRANTY TO AN P RCHASER OF THE PROPERTY.
5, In the event that the reasonable cost of x€pair pt repair a construction defect or defects in or related to the Improvements that are the responsibility of Buil ‘ y current fair market value of the Improvements, as determined
sonable cost of x€pair pt repair a construction defect or defects in or related to the Improvements that are the responsibility of Buil ‘ y current fair market value of the Improvements, as determined without reference to the construction defect(s), Gurchase the Property in accordance with Section 27.004 of the Texas Property Code. This right of election shall sug 9 Contract between Owner and Builder and the delivery of the deed to the Property from Builder to Owner and shall essors and assigns.
appliances or equipment shall be assignes er. Oygfer hereby. agrees, acknowledges and ein that Builder makes NO WARRANTIES OF ANY KIND, EXPRESS 0) pfore bringing items into the home, check for signs of mold. Potted plants (roots .and soil), furnishings, or stored glothing 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 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.
RESTRICTIVE COVENANT AND AGREEMENT — PAGE 2 of 4
ks 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 consequential) or for any injury, illness or allergic reactions (including, but not limited to, any persowal \pjury) which the Owner, or the Owner’s family members or invitees may experience as a result of mold, mildew, fungus, spores, chemicals onpiolpgical impurities, including, but not limited to, property damage, personal injury, loss of income, emotional distress, death, loss of usé, toss of value, and adverse health effects, or any other effects. For Fifty Dollars ($50.00) and other good and valuable consideration, the receipt P
of income, emotional distress, death, loss of usé, toss of value, and adverse health effects, or any other effects. For Fifty Dollars ($50.00) and other good and valuable consideration, the receipt P of which is hereby acknowledged, Owner (for themselves and for their joint and several agents, heirs, successors, executogs, subrope and assigns) hereby releases Builder and all of its officers, shareholders, directors, employees, agents, affiliates, and jas “Releasees”) of and from any and all present and future claims, demands, causes of action and damages, of whatevefkind 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 exje waives (and is estopped to assert) all claims to the contrary.
Owner hereby further releases, on behalf of themselves and on behalf of any ins!
Builder from any claim for subrogation. Owner understands that if it makes a claim upon a Owner agrees to not assign any of their rights to any insurer or third party. Owner agrge subrogation of any such claims.
8. Owner and Builder agree that this Agreement shall be filed of Pe which the Property is Jocated.
9. Owner and Builder further stipulate that this Agreement 10. By execution of this Agreement, (i) Owner ac’ contract between Owner and Builder or that any discrepancies or 4 accepted the Property and Improvements and hereby releases But except for Builder's obligations arising under the express Liptitge 11. Owner and Builder agree, ac!
upon and inuse fo the benefit of the parti successors and assigns.
OWNER Address: UILDER: HMH Lifestyles, L.P.
By: Printed Name: Its: Address: 9001 Airport Freeway Suite 400
ner and Builder agree, ac!
upon and inuse fo the benefit of the parti successors and assigns.
OWNER Address: 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 & Should mold develop, thoroughly clean the affected area with a mild solution of bleach. First, test to see if the affected materia! 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.
£ 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 biolp pica!
impurities. The Owner understands and agrees that the Builder is not responsible, and hereby disclaims any fiability for, any damages (whether actual, special, incidental or consequential) or for any injury, iliness or allergic reactions (including, but not limited to, any personal i which the Owner, or the Owner’s family members or invitees may experience as a result of mold, mildew, fungus, spores, chemicals oMhi impurities, including, but not limited to, property damage, personal injury, loss of tncome, emotional distress, death, loss of w and adverse health effects, or any other effects. For Fifty Dollars ($50.00) and other good and valuable consideration, the reg
e, personal injury, loss of tncome, emotional distress, death, loss of w and adverse health effects, or any other effects. For Fifty Dollars ($50.00) and other good and valuable consideration, the reg of which is hereby acknowledged, Owner (for themselves and for their joint and several agents, heirs, successors, executory, and assigns) hereby releases Builder and alt of its officers, shareholders, directors, employees, agents, affiliates, and igs “Releasees”) of and from any and all present and future claims, demands, causes of action and damages, of whatever kind but not limited to, any claim for personal injury, whether resulting from the negligence of a Releasce or otherwist) tate way relates to the presence of mold, chemicals or biological impurities at the Property. To the maximum extg waives (and is estopped to assert) all claims fo the contrary. 2 Owner hereby further releases, on behalf of themselves and on behalf of any insurg Builder from any claim for subrogation. Owner understands that if it makes a claim upon a to mold, chemicals or biological impurities, such insurer or third-party will not be able td Owner agrees to not assign any of their rights to any insurer or third party. Owner agreds subrogation of any such claims.
Sparty for damages related ent or damages from Builder.
any and all insurers waivers of 8. Owner and Builder agree that this Agreement shall be filed of ig the appropriate reat property records of the County in which the Property is located.
9. Owner and Builder further stipulate that this Agreement LAND.
10. By execution of this Agreement, (i) Owner j contract between Owner and Builder or that any discrepancies or q accepted the Property and Improvements and hereby releases Bui srotements have been completed in accordance with the
ment, (i) Owner j contract between Owner and Builder or that any discrepancies or q accepted the Property and Improvements and hereby releases Bui srotements have been completed in accordance with the gen approved and accepted by Owner and (fi) Owner has and liabilities retating to the Property or Improvements Il, except as otherwise provided herein, this Agreement shall be binding 13, Owner and Builder agree, ; gtive heirs, executors, officers, directors, shareholders, representatives, upon and inure to the benefit of the p successors and assigns.
North Richland Hills, Tx 76180 RESTRICTIVE COVENANT AND AGREEMENT — PAGE 3 of 4 STATE OF TEXAS COUNTY OF want the 28 day on Dec엄 Dec 07 Wesley Fhis instrument was acknowledged before me on the Ruy Personalized Notary Seal AOTARY PUCLIC Quan 20 by STATE OF TEXAS STATE TINA M. ESTEP Notary Public. State of Texas My Commission Expires May 20, 2009 cos con co COUNTY OF This instrument was acknowledged before me (Owner).
Personalized Notary Seal Notary Public, State of Texas Notary Public, State of Texas 20 by Unofficial Copy THE STATE OF TEXAS COUNTY OF TURRE짜 Jodi This instrument was acknowledged before me on the Sarekan Personalized Notary Seal AFTER RECORDING, RETURN TO: History Maker Homes, LLC 9001 Airport Preeway; Suite 400 North Richland Hills, Tx 76180 day of Dec 2007 by [title] of HMH Lifestyles, L.P., on behalf of said entity.
Stacey Bul Notary Public, State of Texas STACEY BELL MY COMMISSION EXPIRES February 14, 2010 RESTRICTIVE COVENANT AND AGREEMENT - PAGE 4 of 4 STATE OF TE, Ay COUNTY OF LWSGUT § This instrument was acknowledged before me on lL . (Owner).
Lun Personalized Notary Seal 4 TINA M. ESTEP lic, State of Texas Notary Cnission Expires May 20, 2009 rsa See TD O7 20, elk day of by
instrument was acknowledged before me on lL . (Owner).
Lun Personalized Notary Seal 4 TINA M. ESTEP lic, State of Texas Notary Cnission Expires May 20, 2009 rsa See TD O7 20, elk day of by Notary Public, State of Tex: 8 STATE OF TEXAS § ©) § COUNTY OF § This instrument was acknowledged before me the Of , 20 by (Owner).
© otary Public, State of Texas Personalized Notary Seal \S THE STATE OF TEXAS SH) COUNTY OF edged before me on the day of 20, by History Maker Homes, LLC 9001 Airport Freeway; Suite 400 North Richland Hills, Tx 76180 RESTRICTIVE COVENANT AND AGREEMENT — PAGE 4 of 4 [zitle] of HMH Lifestyles, LP. , on behalf of said entity.
Notary Public, State of Texas