mur losaraeie aad IR RESTRICTIVE COVENANT AND AGREEMENT g day of * , by and between [name] of < iu 6815 Manhattan Biva.. Suite 400, Fort Worth, Texas 76120 (hereinafter referred to as ~ Builaer Lifestyles, LI. of RECITALS is the current ovmer of the following described {the “Property” follows: 5 Ls J Fay “County, Texas, and being lorally known as ; and WHEREAS, Owner purchased the Property and improvements (hereipé WHEREAS, the undersigned acknowledge that it js the policy of the through altemative dispute resolution procedures; and WHEREAS, to the fullest extent permitted by applicak under Builder relating to the construction of all improvements on t warranties of good and workmanttke canstruction and habitabitiry and As , Owner desicos.terfelease all implied warranties given by, through or eperty (the Sifanpavementst "), including but not limited to, all implied MStipulates that this Agreement SHALL RUN WITH THE LAND.
NOW, THEREFORE, for valuable considgration hereby acknowledge, agree and stipulate the fllowing> thereto between Builder and Owner, the Praper or claim arising by virtue of any r eddrfring mediation, shall thereafter be submitted to binding arbitration as provided by the applicable, by similar state statute, and not by or in a court of law. All decisions respecting by the acbitrator, The arbitratar shall have the right to award reasonable attorneys’ fees and and arbitration. The mediation and, if necessary, the arbitration sha!] be conducted pursuant ta YArranty documents. If there is any canflict between this Agreement and such procedures, the Furthennore, if the mediator and/or arbitrator designated in any applicable warranty documents
pursuant ta YArranty documents. If there is any canflict between this Agreement and such procedures, the Furthennore, if the mediator and/or arbitrator designated in any applicable warranty documents athitrftor in the county where the subject Property is located. If the parttes are unable to agree on the appointment of a either party may petition a court of general jurisdiction in the subject county to appoint a mediator and/or arbitrator.
aybitration proceeding between the parties: All applicable Federal and State law (including Chapter 27 of the Texas Property Code) shall apply; All applicable claims, causes of action, remedies and defenses that would be available in court shall apply; The proceeding shal! be conducted by a single arbitrator selected by a pracess designed to ensure the neutrality of the arbitrator; d. The parties shall be entitled to conduct reasonable and necessary discovery; .
é. The arbitrator shal] render a written award and, if requested by any party, a reasoned 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 g. 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 cantrary, the nghts 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
the nghts 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 shal! have the optian to include its subcontractors 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 righl of such party ora bar to the right ef any other party to seek arbitration of that or any other claim, dispute or contraversy, 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 LIABI APPLIES TO CONSTRUCTION DEFECTS AND ANY DISPUTES OR CLAIMS REGARDING CONS CONNECTION WITH THE IMPROVEMENTS. OWNER AND BUILDER UNDERSTAND THAT THE RC TO EXPEDITE THE RESOLUTION OF CLAIMS. OWNER AND BUILDER ALSO ACKNOWLEDGE THE RCLA AND ANY OTHER LAW, INCLUDING THE DECEPTIVE TRADE PRAGP
WITH THE IMPROVEMENTS. OWNER AND BUILDER UNDERSTAND THAT THE RC TO EXPEDITE THE RESOLUTION OF CLAIMS. OWNER AND BUILDER ALSO ACKNOWLEDGE THE RCLA AND ANY OTHER LAW, INCLUDING THE DECEPTIVE TRADE PRAGP SUBCHAPTER E, CHAPTER 17, TEXAS BUSINESS & COMMERCE CODE (the “DTPA DTPA.
3. OWNER, BY SIGNING THIS AGREEMENT, ACKNOWL T, UNDERSTANDS THE PROVISIONS CONTAINED HEREIN.
4. Owner hereby agrees, acknowledges and stipulates that TH SS WARRANTY GIVEN BY BUILDER TO OWNER RELATING TO THE PROPERTY AND/OR IMPROVEMENTS IS T SS WRITTEN LIMITED HOME WARRANTY PROVIDED BY BUILDER (the “Limited Warranty”). OWNER A& THEY ARE WAIVING ANY CLAIM OR CAUSE OF ACTION WORKMANLIKE CONSTRUCTION AND THAT ANY SUC} EXPRESSLY REPLACED BY THE TERMS OF THE A AGREEMENT, OWNER ACKNOWLEDGES T THE SUFFICIENTLY DETAILED TO ESTABLISH TH g MEET. OWNER ACKNOWLEDGES THAT THEY : TO DELIVER A COPY OF THE LIMITED WAR SUBSEQUENT PURCHASER OF THE PROPERTY, AND UNDERSTANDS THAT BY SIGNING THIS AGREEMENT R.ANY THEORY OF IMPLIED WARRANTY OF GOOD AND UCH LIMITED WARRANTY ARE CLEAR, SPECIFIC AND OF CONSTRUCTION WHICH BUILDER JS OBLIGATED TO 6. Owner and B products incorporated i é appliances or equipmeg that may be caused by mold. These steps include the fallowing: Before bringing items into the home, check for signs of mold. Potted plants (roots and soil), furnishings, or stored clothing 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 mald growth.
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 mald growth.
Cs Keep the humidity in the home low. Ventilate kitchens and bathrooms by apening 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 maisture. Promptly replace any materials that cannot he thoroughly dried, such as drywall or insulation.
d. Inspect for teaks on a regular basis. Loak for discolorations or wet spots. Repair any leaks promptly. Inspect condensation pans (refrigerators and air conditioners) for mold growth. Take notice of musty adors, 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 salutian of bleach. First, test ta see if the aifectert material or surface is color safe. Porous materials, such as fabric, uphalstery or carpet should be discarded. Should the mold growth be severe, call on the services of a qualified professional.
E Electronic air filters that may assist in effective air filtration and dehumidifiers to maintain. humidity levels are available at additional cast from numerous vendars.
Whether or nat a home experiences mold growth depends largely on haw it is maintained. The Builder has not nade, created or invited (nar 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
ess 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 “Releasees”) of and from any and all present and future claims, demands, causes of action and damages) but not limiied to, any claim for persanal injury, whether resuliing from the negligence of a Relegs way relates to the presence of mold, chemicals or biological impurities at the Property. To the p waives (and is estopped to assert) all claims to the contrary.
lat arises out of of in any awed by law, Owner hereby Ovmer hereby further releases, on behalf of themselves and on behalf’ 2 Builder from any claim for subrogation. Owner understands that if it makes a claf ance policy or third-party for damages related to mold, chemicals or biological impurities, such insurer or third-party will na que reimbursement or damages from Builder.
Owner agrees (¢ not assign any of their rights to any insurer or third party, regs to chtain from any and all insurers waivers of subrogation of any such claims.
8. Owner and Builder agree that this Agreement shall be frecord in the apprapriate real property records of the County in which the Property is located.
10. By execution of this Agreement, (i) O contmacl between Owner and Builder or that any disgxe nces have been approved and accepted by Owner and (ii) Owner has ¢ from all claims and liabilities relating to the Property or Improvements Tl. Owner and Builder J upon and inure to the benefit 9 successors and assigns.
OWNER Address: BUILDER: HIMH Lifestyles, LP.
By: Printed Name: lis: Addyess: 6815 Manhattan Bivd., Suite 400 Fort Worth, TX 76120 RESTRICTIVE COVENANT AND AGREEMENT ~ PAGE 3 of 4 STATE OF TEXAS 20 COUNTY OF This instrument
: HIMH Lifestyles, LP.
By: Printed Name: lis: Addyess: 6815 Manhattan Bivd., Suite 400 Fort Worth, TX 76120 RESTRICTIVE COVENANT AND AGREEMENT ~ PAGE 3 of 4 STATE OF TEXAS 20 COUNTY OF This instrument was acknowledged before me on the 19 day of August 2005 by (Owner).
Noory/Publie State of Texas Personalized Notary Senl TARY PUR STATE OF HEIDI KODNETT Notary Public, State of Texas My Commission Expires 08/11/2008 STATE OF TEXAS COUNTY OF 5 This instrument was acknowledged befor on day of 20 by (Owner).
Unofficial Copy Personalized Notary Seal THE STATE OF TEXAS COUNTY OF This instrument Personalized Notary Seal acknowledged before 1110 on the Notary Public, State of Texas day of [title] of HMH Lifestyles, L.P., on behalf of said entity.
Notary Public, State of Texas 20 by AFTER RECORDING, RETURN TO: History Maker Homes, LLC 6815 Manhattan Blvd., Suite 400 Fort Worth, TX 76120 RESTRICTIVE COVENANT AND AGREEMENT -- PAGE 4 of 4 e. Should mold develop, thoraughly ciean the affected area with o mild solution of S © see if the affecte additional cost ‘from numerous : vendors.
Whether or not a home expenences mold growth depends targely on how it ts does it intend to make, ¢reate or invite) any warmnly or any other expectancy, impurities. The Owner understands and agrees that the Builder 1s not respogsité, and he! afins any liability for, any damages (whethe actual, special, incidental ar consequential) or for ony injury, Maness or atlergyc Feaetia| is (including, byt not limited to, any personal injury aid, mildew, fimgus, spores, chemicais or biologica oogind valuable consideration, | the receipt and sufficiency gint and several agents, heirs, successors, executors, subrogess, attomey: Girectors, employees, agents, affiliates, and insurers (collectively, the
luable consideration, | the receipt and sufficiency gint and several agents, heirs, successors, executors, subrogess, attomey: Girectors, employees, agents, affiliates, and insurers (collectively, the ayses of ection and damages, of whatever kind or nature (including ptgligence of a Releasee or otherwise} thal arises out of or in any of whieh is hereby acknowledpee. Owner (for themselves and for" and assigns) hereby releases Builder and all of its officers, sharehokd “Releasces™) of and from any and all present and future clann but not Hmiled to, any claim for persanal injury, whelher rg way relates to the presence of mold, chemicals or i waives (and is estopped to assert) all claims to the ol Owner agrees (6 not assign any subrogation of any such clams.
upo Successq “OWNER Address: BUILDER: HMR Lifestyles, LP.
Ponted Name: Tts: Cornea { 7 Address: 6815 Manhattan Blvd., Suite 400 Fort Worth, TX 76120 RESTRICTIVE COVENANT AND AGREEMENT — PAGE 3 of 4 AFTER RECORDING, RETURN TO: History Maker Hames, LLC 6815 Manhattan Blvd., Suite 400 Fort Worth, TX 76120 Dona Martindale Lanout 5 me on the [title] of HMH Lifestyles. L.P., on behalf of said entity.
This instrument was acknowledged before [name]. Controllen Personalized Notary Seal FARY PUBLIC 121 * 12 JANET A LEWIS NOTARY PUBLIC State of Texas ATCComm. Exp. 07-08-2007 OF Notary Public, State of Texas Personalized Notary Seal This STATE OF TEXAS COUNTY OF ATE OF Personalized Notary Seal STATE OF TEXAS COUNTY OF This instrument was acknowledged before (Owner).
Unofficia hay 19 day of Ussquet.
200 by Notary Public, State of Texas acknowledged before me on the day of 20 by HEIDI RODNETT KARY PUS Notary Public, State of Texas My Commission Expires 08/11/2008 Notary Public State of Texas Copy
200 by Notary Public, State of Texas acknowledged before me on the day of 20 by HEIDI RODNETT KARY PUS Notary Public, State of Texas My Commission Expires 08/11/2008 Notary Public State of Texas Copy RESTRICTIVE COVENANT AND AGREEMENT - PAGE 4 of 4 HISTORY MAKER HOMES LLC 6815 MANHATTAN BLVD #400 FT WORTH TX 76120 Submitter: STEWART TITLE | SUZANNE HENDERSON | TARRANT COUNTY CLERK | TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 Filed For Registration: 08/25/2005 nO, \S Instrument #: § PG MEA D2 A OVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF RIBED REAL PROPERTY BECAUSE OF COLOR OR RACE | ALID AND UNENFORCEABLE UNDER FEDERAL LAW.