4. Spur losorers [Aad [7 RESTRICTIVE COVENANT AND AGREEMENT “ A EE Ld, Lifestyles, L-P, of 6815 Manhattan Blvd., Suite 400, Fort Worth, Texas 76120 (hereinafter referred to as “Builder™ RECITALS 7). hier. Owner is the current owner af the following 2u | Se qa rt. De : (the “Prop follaws: Lot é 7, Black 7) Ba KY bi x 3 a then ADDITION, TELL County, Texas, and being locally known a sand Owner desires to release all implied warranties given by, through or D (the “Improvements"), including but not limited to, all implied jpulates that this Agreement SHALL RUN WITH THE LAND.
WHEREAS, to ihe fullest extent permitted by applicable under Builder relating to the construction of all ree gn NOW, THEREFORE, for valuable ok iok : iptAnd sufficiency of which is hereby acknowledged, the undersigned hereby acknowledge, agree and stipulate the followings (whether contract, warranty, tort, statutory or otherwise) (the “Dispute”), : utes or claims arising under, or related ta, any contract and any amendments ments, or any dealings between the Owner and Builder; (b) any controversy, diapate |. The parties specifically agre including, but not limited to, (a) any apd all thereto between Builder and Owner, KP 7 damage alleged to have been sustained by Owner on the Property or in the subdivision, jled during mediation, shall thereafter be submitted to binding arbitration as provided by the Bd. fapplicable, by similar state statute, and not by or in a caurt of law, All decisions respecting Yed by the arbitrator. The arbitrator shall have the right to award reasonable attomeys’ fees and ation and arbitration. The mediation and, if necessary, the arbitration shall be conducted pursuant ia
Yed by the arbitrator. The arbitrator shall have the right to award reasonable attomeys’ fees and ation and arbitration. The mediation and, if necessary, the arbitration shall be conducted pursuant ia bie warranty documents. lf there is any conflict between this Agreement and such procedures, the I cofitral. Furthermore, if the mediator and/or arbitrator designated in any applicable warranty documents bitration for any reason, then the mediation and arbitration shall be conducted by the American Arbitration ¢ with its applicable mfes. If, for any reason, the AAA is unable or unwilling to conduct the mediation and/or tig’ specified above, the parties agree to work together in good faith to select a mediator and, if all disputes are not rbitrator in the county where the subject Property is located. If the parties are unable to agree on the appointment of a ef, cither party may petition a court of general jurisdiction in the subject county to appoint a mediator and/or arbitrator.
eed that the filing of a petition requesting appointment of a mediator and/or arbitrator shall not constitute a waiver of the shall first be submitted to Federal Arbitration Act (9 the arbitrability of any Dispy ¢ Bieding arbitration.
any arbitration proceeding between the parties: All applicable Federal and State law (including Chapter 27 of the Texas Property Code) shail apply; All applicable claims, causes of action, remedies and defenses that would be available in court shalt apply: The proceeding shall be conducted by a single arbitrator selected by a pracess designed fo ensure the neutrality of the arbitrator; d. The parties shall be entitled to conduct reasonable and necessary discovery, \ é. The arbitrator shali render a written award and, if requested by any party, a reasoned award;
ty of the arbitrator; d. The parties shall be entitled to conduct reasonable and necessary discovery, \ é. The arbitrator shali 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 cast af any such items in an equitable manner in the arbitration award; and gE. 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 agree that notwithstanding anything to the contrary, the rights and obligations set forth in this Agreement shall survive the closing of tie sale af the Praperty 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 Dispule 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 option to include its subcontractors and suppliers as parties in the mediation and arbitration.
If Owner or Builder file a proceeding in any court ta 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 contraversy, and the court shall, upon motion of any party ta the proceeding, direct that such controversy, dispute or claim be arbitrated in accordance herewith.
f that or any other claim, dispute or contraversy, and the court shall, upon motion of any party ta the proceeding, direct that such controversy, dispute or claim be arbitrated in accordance herewith.
Inasinuch as this Agreement provides for mandatary 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 af such Ittigation and enforcement of arbitration.
2. OWNER AND BUILDER ACKNOWLEDGE THAT THE RESIDENTIAL CONSTRUCTION/ATABIL ACT (the “RCLA") APPLIES TO CONSTRUCTION DEFECTS AND ANY DISPUTES OR CLAIMS REGARDING ON DEFECTS IN CONNECTION WITH THE IMPROVEMENTS. OWNER AND BUILDER UNDERSTAND THAT TJ 4 CE INS PROVISIONS RCLA. OWNER AND BUILDER ACKNOWLEDGE THAT THE RCLA CONTROLS TO 7?
THE RCLA AND ANY OTHER LAW, INCLUDING THE DECEPTIVE TRADE PRA SUBCHAPTER E, CHAPTER 17, TEXAS BUSINESS & COMMERCE COD “DT FY DTPA.
3. OWNER, BY SIGNING THIS AGREEMENT, ACKNOW ES T. E/SHE/THEY HAS/HAVE REVIEWED AND UNDERSTANDS THE PROVISIONS CONTAINED HEREIN.
4. Owner hereby agrees, acknowledges and stipulates Mat THE PRESS WARRANTY GIVEN BY BUILDER TO OWNER RELATING TO THE PROPERTY AND/OR IMPROVED IS THAT EXPRESS WRITTEN LIMITED HOME WARRANTY Y THEORY OF IMPLIED WARRANTY OF GOGD AND WORKMANLIKE CONSTRUCTION AND THAT ANY SY) VARRANTY, TO THE EXTENT IT EXISTS IN TEXAS, IS: EXPRESSLY REPLACED BY THE TERMS : RRANTY INCORPORATED BY REFERENCE INTO THIS AGREEMENT. OWNER ACKNOWLEDGES T SUCH LIMITED WARRANTY ARE CLEAR, SPECIFIC AND cF ‘ DS OF CONSTRUCTION WHICH BUILDER IS OBLIGATED TO
Y REPLACED BY THE TERMS : RRANTY INCORPORATED BY REFERENCE INTO THIS AGREEMENT. OWNER ACKNOWLEDGES T SUCH LIMITED WARRANTY ARE CLEAR, SPECIFIC AND cF ‘ DS OF CONSTRUCTION WHICH BUILDER IS OBLIGATED TO MEET. OWNER ACKNOWLEDGES THAT TH RIVED AND REVIEWED SUCH WARRANTY, AND OWNER AGREES.
TO DELIVER A COPY OF THE LIMITED WA f SUBSEQUENT PURCHASER OF THE PROPERTY.
@ completion of the Contract between Owner and Builder and ihe delivery of the deed to the Property Cade. This right of ading on Owner’s successors and assigns.
Property from Builder ta Owng 6. Owner IMPLIED, CONCERNING SUCH EQUIPMENT OR CONSUMER PRODUCTS AND EXPRESSLY WARRANTIES OF MERCHANTABILITY, FITNESS OF USE FOR A PARTICULAR PURPOSE, AND ANY O THE FULLEST EXTENT PERMITTED BY STATE OR FEDERAL LAW.
egts that may be caused 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 clothing and bedding material, as well as many other houschold goods, cauld already contain mold growth. Onee mold is brought into the home, its spores can spread to other areas of the hame. . ; Regular vacuuming and cleaning will help reduce mold levels. Mild bleach solutions and most tile cleaners are effective in eliminating or preventing mold growth. ; ; [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 saurces of moisture. Promptly replace any materials that cannot be thoroughly dried, such as drywall or insulation.
d. Inspect far leaks on a regular basis. Look for discolorations or wet spots. Renair any leaks promptly. Inspect
replace any materials that cannot be thoroughly dried, such as drywall or insulation.
d. Inspect far leaks on a regular basis. Look for discolorations or wet spots. Renair any leaks promptly. Inspect condensation pans (refrigerators and air conditioners) for mold growth, Take notice of musty odors, and any visible signs of mald.
RESTRICTIVE COVENANT AND AGREEMENT — PAGE 2 of 4 s Should mold develop, theraughly clean the affected area with a mild solstien of bleach. First, test to see if the affected: material or surface is color safe. Porous materials, such as. fabric, uphalstery or carpet should be discarded, Should the mald growth be severe, cal] on the services of a quali fied professional.
f. Electronic air filters that may assist in effective air filtration and d dehumidi fie ers to maintain. humidity levels are available at additional cost fram numerous vendors.
Whether or nat a home experiences mold growth depends jargely on how it is maintained. The Builder has not made, created or invited (nor does it intend la make, create or invite) any warranty or any other expectancy, either express or implied, in regard to orf mold or other biological impurities. The Owner understands and agrees that the Builder is not responsible, and hereby disclaims any liabiti actual, special, incidental or consequential) or for any injury, illness or allergic reactions (including, but noj/tin which the Owner, ar the Owner's tamily members or invitees may experience as a result of mold, mildew, fumghs Tia including, but not limited to, property damage, pea injury, loss of income, emational dis icals or biological use, loss of value,
ome, emational dis icals or biological use, loss of value, but noi limited to, any claim for personal injury, whether resulting from the negligence of g ©) that arises out of or in any way relates to the presence af mold, chemicals or biological impurities at the Prop dltowed by law, Owner hereby Owner agrees ta nat assign any of their rights to any insurer op subrogalion of any such claims, 8. Owner and Builder “ee ‘that this Agresnicitt OXrecord in the appropriate real property records of the County in which the Property is located. 3 9, Owner and Builder further stipulate gowWlEdges that the Improvements have been completed in accordance with the P differences have been approved and accepted by Oumer and (ii) Owner has 4s Builder from all claims and liabilities relating to the Praperty or Improvements ited Warranty.
10. By execution of this Agreement, contract between Owner and Builder or that an accepted the Property and Improvem nd He except for Builder's obligations avisi edge and stipulate that, except as otherwise provided herein, this Agreement shall be binding py) and their respective heirs, executars, officers, directors, shareholders, representatives, HOO bl. Owner and B upon and inure to the bene!
successors and assigns.
OWNER OWNER Address: BUILDER: HMH Lifestytes, L.P, By: Printed Name: ts: Address; 6815 Manhattan Blvd., Suite 400 Fort Worth, TX 76120 RESTRICTIVE COVENANT AND AGREEMENT — PAGE 3 of 4 STATE OF TEXAS COUNTY OF § oo STATE OF TEXAS $ § COUNTY OF § This instrument was acknowledged befor on the day of » 20 by . (Owner). : Notary Public, State of Texas Personatized Notary Seal | THE STATE OF TEXAS COUNTY OF
STATE OF TEXAS $ § COUNTY OF § This instrument was acknowledged befor on the day of » 20 by . (Owner). : Notary Public, State of Texas Personatized Notary Seal | THE STATE OF TEXAS COUNTY OF ent was acknowledged before me on: the day of , 20 by [1itle}] of HMH Lifestyles, L.P. , an behalf of said entity.
yine}, Notary Public, State of Texas analiz tary Seal 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 Should mold develop, thoroughly. clean the offected area with a mild solution of bleach. First, test to see if the affected!
miaterial or surface is color safe. Porous mateniais, such as. fabric, upholstery or carpet should be discarded. Should the mold growth be severe, call on the services of's qualified professional.
Electronic air filers that may assist in effective air filtration and dehumidifiers to Waintain. humidity leveis are avaitable at additional cost from numeraus vendors, Whether or nota home experiences mald growth depends largely an how i is maintained. The Buitder has not made, created or invited (nor does il intend ta make, create or invite) any warranty or any other expectancy, either express or implied, in regard to any mold or other biolagicai impurities. The Owner understands and agrees that the Builder is not respansible, and hereby disclaims any lability for, any damages (whether actual, special, incidental or consequential) or for any injury, illness or allergic reactions (ingiuding, but not limited to, any personal injury) whieh the Owner, or the Owner's family members or invitees may experience os 2 result of mold, mitdew, fungus, spores, chemicais or biciagical
ions (ingiuding, but not limited to, any personal injury) whieh the Owner, or the Owner's family members or invitees may experience os 2 result of mold, mitdew, fungus, spores, chemicais or biciagical impurities, including, but nat limited to, property damage, personal injury, loss of income, emotional distress, death, loss of use, lass of value, and adverse health effects, or any other effects. Far Fifty Dollars ($50.00) and other good and vaiuable consideration, the receipt and sufficiency of which ts hereby acknowledged, Qwner (for themselves and for their joint and severat agents, heirs, successors, excevtors, subrogees, attorneys and assigns) hereby releases Builder and all of its officers, shareholders, directors, employees, agenis, affiliates, and insurers (collectively, the but not limited ta, any claim for personal injury, whether resulting from the negligence of a Releases or otherwise} thal gkises out of or in any way relates to the presence of mold, chemicals or bielogical impurities at the Property, To the maximum extent allowed waives (and is estopped to asser) all claims to the contrary, Owner deals, ages related om Builder.
waivers of Owner hereby further refeases, on behalf of themselves and on behalf of any insurance carrier or third:pa Builder from any claim for subrogation, Owner understands that if it makes a claim upon any insurance paligg to mold, chemicals or biological impurities, such insurer or third-party will not be able to pursue reimbingé Owner agrees to not assign any of their rights to ony insurer or third party, Owner agrees to obtaid subrogation of any such claims.
s, such insurer or third-party will not be able to pursue reimbingé Owner agrees to not assign any of their rights to ony insurer or third party, Owner agrees to obtaid subrogation of any such claims.
§. Owner and Builder agree that this Agreement shall be filed af record in the ugh which the Property is lacated.
9. Owner and Builder further stipulate that this Agreement SHALY/ 10. By execution of this Agreement, (i) Owner acknowledges tha cantmet between Owner and Builder or that any discrepancies or differences Hh. Ovmer and Builder agree, acknawledge and stipulate upon and inure to the benefit af the parties hereto and their suecessors and nssigns.
executors, officers, directors, shareholders, representatives, HOH Printed Name: \..
i Marie Rabel Address: 6415 Manhattan Bivd,, Suite 40S crow Coore Fort Worth, TX 76120 mine RESTRICTIVE COVENANT AND AGREEMENT — PAGE 3 of 4 STATE OF TEXAS Yarrant COUNTY OF This instrument was wledged before Amy Keihans me an the ما day of lept. 2005 by Personalized Notary Seal STATE OF TEXAS T. BEESON Notary Public, State of Texas My Commission Expires 05/16/200 Notary Public, State of Texas COUNTY OF Personalized Notary Seat This instrument was acknowledged before me on the (Owner).
Copy Notary Public, State of Texas 20 by § This instrument acknowlesiged before me on Some of the day of Sept. 2005 by [title] of HMH Lifestyles. L.P., on behalf of said entity.
THE STATE OF TEXA COUNTY OF Canant Marie Rahul JANET R LEWIS NOTARY PUBLIC htary State of Texas ATE OF TET Comm. Exp 07-08-2007 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 mis Notary Public, State of Texas HISTORY MAKER HOMES * 6815 MANHATTAN BLVD 105 i FT WOR. TH 76120
6815 Manhattan Blvd., Suite 400 Fort Worth, TX 76120 RESTRICTIVE COVENANT AND AGREEMENT - PAGE 4 of 4 mis Notary Public, State of Texas HISTORY MAKER HOMES * 6815 MANHATTAN BLVD 105 i FT WOR. TH 76120 Submitter: STEWART SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 Instrument #: Filed For Registration: 09/26/2005 108 AM EY RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.