bins > Ye SINT [oa d0uRf gua/224 € RESTRICTIVE COVENANT AND AGREEMENT i current owner of the following described (the “Property"), and more parti ¢ s“J, including but not limited to, all implied warranties of good and workmanlike construction and habitability and further stipylatt that this Agreement SHALL RUN WITH THE LAND.
hereby acknowledge, agree and stipulate the following: 1. ‘The parties specifically agree that any disput including, but not limited to, (a) any and all controversies, disp thereto between Builder and Owner, the Property or Impro or claim arising by virtue of any representati omigs any procedures set forth in the appligé provisions of this Agreement shall 6re, if the mediator and/or arbitrator designated in any applicable warranty documents %.an} reason, then the mediation and arbitration shall be conducted by the American Arbitration Association (“AAA”) in according its'apphéable niles. If, for any reason, the AAA is unable or unwilling to conduct the mediation and/or binding arbitration proceeding dJabpve, the parties agree to work together in good faith to select a mediator and, if all disputes are not resolved by mediation, i é,gounty where the subject Property is located. If the parties are unable to agree on the appointinent of a F ci ay petition a court of general jurisdiction in the subject county to appoint a mediator and/or arbitrator.
ling of a petition requesting appointment of a mediator and/or arbitrator shall not constitute a waiver of the 2 proceeding between the parties: Ai) applicable Federal and State law (including Chapter 27 of the Texas Property Code) shall apply; Il applicable claims, causes of action, remedies and defenses that would be available in court shalt apply;
licable Federal and State law (including Chapter 27 of the Texas Property Code) shall apply; Il applicable claims, causes of action, remedies and defenses that would be available in court shalt apply; he proceeding shall be conducted by a single arbitrator selected by a process designed to ensure the neutrality of the arbitrator; ‘The parties shall be entitled to conduct reasonable and necessary discovery; e. The arbitrator shall 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 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 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 option to include its subcontractors and suppliers as parties in the mediation and arbitration.
lf Owner or Builder file a proceeding in any court to resolve any such controversy, dispute or claim, such action shall not constitute a
tors and suppliers as parties in the mediation and arbitration.
lf 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 titis Agreement provides for mandatory arbitration of Disputes, if any party commences litigation in violation of this Agreement, such party shal! 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 A APPLIES TO CONSTRUCTION DEFECTS AND ANY DISPUTES OR CLAIMS REGARDING CONSTRUCTION “RCLA") AND THAT ANY NOTICE UNDER THE RCLA SHALL BE SEPARATELY SENT TO BUILDER IN THE MAD RCLA. OWNER AND BUILDER ACKNOWLEDGE THAT THE RCLA CONTROLS TO THE EXTENT OPS THE RCLA AND ANY OTHER LAW, INCLUDING THE DECEPTIVE TRADE PRACTICES - COM DTPA.
3. OWNER, BY SIGNING THIS AGREEMENT, ACKNOWLEDGES THA UNDERSTANDS THE PROVISIONS CONTAINED HEREIN, 4. Owner hereby agrees, acknowledges and stipulates that THE ONLY OWNER RELATING TO THE PROPERTY AND/OR IMPROVEMENTS | AR PROVIDED BY BUILDER (the “Limited Warranty”). OWNER AGREES 4 THEY ARE WAIVING ANY CLAIM OR CAUSE OF ACTION UNDER EXPRESSLY REPLACED BY THE TERMS OF THE LIMITED AGREEMENT. OWNER ACKNOWLEDGES THAT THE TERM SUFFICIENTLY DETAILED TO ESTABLISH THE ONLY: MEET. OWNER ACKNOWLEDGES THAT THEY HAVE
OR CAUSE OF ACTION UNDER EXPRESSLY REPLACED BY THE TERMS OF THE LIMITED AGREEMENT. OWNER ACKNOWLEDGES THAT THE TERM SUFFICIENTLY DETAILED TO ESTABLISH THE ONLY: MEET. OWNER ACKNOWLEDGES THAT THEY HAVE TO DELIVER A COPY OF THE LIMITED WARRANTY TO A’ 5. I the event that the reasonable cost a Improvements that are the responsibility of ecg [the then current fair market value of the Improvements, as determined without reference to the construction defec! i éf the Contract between Owner and Builder and the delivery of the deed to the r’s successors and assigns.
! owledge and stipulate that all manufacturer warranties on equipment and consumer products incorporated into the Imprové pif conditioners, heating units, water heaters, refrigerators, ranges, dishwashers and other appliances or equipment shall bes d er. Owner hereby agrees, acknowledges and stipulates that Builder makes NO WARRANTIES OF ANY KIND, EXPRESS ’ D, WONCERNING SUCH EQUIPMENT OR CONSUMER PRODUCTS AND EXPRESSLY DISCLAIMS ALL IMPLIED WAR E OTHER WARRANTIE: 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 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
w. 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 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 materiats, 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 dchumiditiers to maintain humidity levels are available at additional cost from numerous vendors.
Whether or nol a home experiences mold growth depends largely on how it is maintained. The Builder has not made, created or invited (nor does il 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 damag actuat, special, incidental or consequential) or for any injury, illness or allergic reactions (including, but not limited to, any fertonal injury)
e, and hereby disclaims any liability for, any damag actuat, special, incidental or consequential) or for any injury, illness or allergic reactions (including, but not limited to, any fertonal injury) impurities, including, but not limited to, property damage, personal injury, loss of income, emotional distress, death, los: of value, and adverse health effects, or any other effects. For Fifty Dollars ($50.00) and other good and valuable consideration, the ‘ of which is hereby acknowledged, Owner (for themselves and for their joint and several agents, heirs, successors, ex¢ and assigns) hereby releases Builder and all of its officers, shareholders, directors, employees, agents, affiliates, a “Releasees”) of and from any and all present and future claims, demands, causes of action and damages, of whMeve but not limited to, any claim for personal injury, whether resulting from the negligence of a Releasee or othe: waives (and is estopped to assert) all claims to the contrary.
Owner hereby further releases, on behalf of themselves and on behalt of any ip Builder from any claim for subrogation. Owner understands that if it makes a claim upo to mold, chemicals or biological impurities, such insurer or third-party will not be ah Owner agrees to not assign any of their rights to any insurer or third party. Owner ‘gg subrogation of any such claims.
v0 third-party for damages related bursement or damages from Builder.
rom any and all insurers waivers of §. Owner and Builder agree that this Agreement shall be filed in the appropriate real property records of the County in which the Property is located, 9. Owner and Builder further stipulate that this s : TH THE LAND.
10. By execution of this Agreement, (i) Owner ac improvements have been completed in accordance with the
hich the Property is located, 9. Owner and Builder further stipulate that this s : TH THE LAND.
10. By execution of this Agreement, (i) Owner ac improvements have been completed in accordance with the contract between Owner and Builder or that any discrepancies om péve been approved and accepted by Owner and (ii) Owner has It. Owner and Builder agree, g upon and inure to the benefit of the pa successors and assigns.
that, except as otherwise provided herein, this Agreement shall be binding spective heirs, executors, officers, directors, shareholders, representatives, | [3.2.00 BUILDER: HMH Lifestyles, L.P.
By: Printed Name: Its: Address: 6815 Manhattan Blvd., Suite 400 Fort Worth, TX 76120 RESTRICTIVE COVENANT AND AGREEMENT — PAGE 3 of 4 STATE OF TEXAS § cacy 8 COUNTYOF [@2AAGamt” 5 “ 7 a i This instrument was acknowledged before me on thee AL day of he . 20 S hy (Owner).
AABRY HELEN HERNANDET Notary Public STATE OF TEXAS Personalized Notary Seal STATE OF TEXAS § counrvor_[fntatnT 5 mall This instrument was acknowledged before (Owner).
lic, State of Texas Persanalized Notary Seal THE STATE OF TEXAS COUNTY OF This ins’ acknowledged before me on the day of [title] of HMH Lifestyles, L.P. , on behalf of said entity.
Notary Public, State of Texas Personaliz: 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, thoroughly clean the affected area with a mild solution of bleach. First, matenat or surface is color safe. Porous matenals, such as fabric, upholstery or carpet shoujs mold growth be severe, call on the services of'a qualified prafessional.
mild solution of bleach. First, matenat or surface is color safe. Porous matenals, such as fabric, upholstery or carpet shoujs mold growth be severe, call on the services of'a qualified prafessional.
f. Electronic air filters that may assist in effective air filtration and dehumidifiers to maintaig additional cast from numerous vendors.
Whether or not a home expenences mold growth depends largely on how it is matntained.
does it intend to make, create or invite) any warranty or any other expectancy, either expres actual, special, incidental ar consequential) or for any injury, iliness or allergic reactid which the Owner, or the Owner's family members or invilees may expenence as a result ¢ impurities, including, but not limited to, property damage, personal injury, loss of incon and adverse health effects, or any other effects, For Fifty Dodlars ($50.00) andagther good a af which 1s hereby acknowledged, Owner (for themseives and for their joint and assigns) hereby releases Builder and all of its officers, shoreholders, dire “Releasees") of'and from any and all present and future claims, demands, cous: but not fimited 19, any claim for personal injury, whether resulting fron way relates to (he presence of mold, chemicals or biological impurities waives (and is estopped to assert) all claims to the contrary.
gus, spores, chemicals or biological s, death, loss of use, loss of value, ideratton, the receipt ond sufficiency ficcessars, executors, subrogees, attomeys mployees, agents, affiliates, and insurers (collectively, the Mion ond damages, of whatever kind or nature (including, a Releasee or otherwise) thal arises out of of in any @ the maximum extent allowed by law, Owner hereby Owner hereby further releases, on behalf of themsel
ages, of whatever kind or nature (including, a Releasee or otherwise) thal arises out of of in any @ the maximum extent allowed by law, Owner hereby Owner hereby further releases, on behalf of themsel Builder {rom any claim tor subrogation. Gwner understandszh sign upon any insumnce policy or third-party for damages related p naty Will not be able to pursue reimbursement or damages fiom Builder.
Owner agrees to not assign any of their meee an; ird\party. Owner agrees to obtain from any ond all insurers warvers of subrogation of any such claims.
8. Owner and Builder agre which the Property ss located.
9. at this Agreement SHALL RUN WITH THE LAND.
Owner acknowledges that the Improvements have been completed in accordance with the y discrepancies or differences have been approved and accepted by Qwner and (ii) Owner has ereby releases Builder from alt claims and Habililies relating to the Property or Improvements der the express Limited Warranty.
free, acknowledge and stipulate that, except as otherwise provided herein, this Agreement shall be binding of the parties hereto and their respective heus, executors, officers, directors, shareholders, representatives, OWNER BUILDER: MH Llfestyie Printed Name: hs: Address; 6815 Manhottan Bivd., Suite 400° aT Fort Worth, TX 76120 RESTRICTIVE COVENANT AND AGREEMENT — PAGE 3 of 4 STATE OF TEXAS 4 § COUNTY OF § This instrument was acknowledged before me on {Owner).
Personalized Notary Seal STATE OF TEXAS § 8 COUNTY OF § This instrament {Or giore ime on the day of . 20 by Notary Public, State of Texas Personalized Notary Seal dged before me on the Ay day of Ate FY. - Aa [title] of HMH Lifestyles, Tr gon behalf of said entity.
Personalized Notary Seal . COOK Notary Public STATE OF TEXAS Comm. Exp, 11/18/2065
zed Notary Seal dged before me on the Ay day of Ate FY. - Aa [title] of HMH Lifestyles, Tr gon behalf of said entity.
Personalized Notary Seal . COOK Notary Public STATE OF TEXAS Comm. Exp, 11/18/2065 AFTER RECORDING, RETURN T@tss:, History Maker Homes, LLC TOMER aay os 6815 Manhattan Blvd,, Suite 400 an : ; Cae My Fort Worth, TX 76120 a a RESTRICTIVE COVENANT AND AGREEMENT - PAGE 4 of 4 i st i & ea te ; oj HISTORY MAKER HOMES LLC yee 6815 MANHATTAN BLVD #400 tate cat FT WORTH TX 76120 Submitter: STEWART TITLE SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 DO NOT DESTROQ WARNING - THIS IS PART OF THE Fited For Registration: 11/30/2005 09:08 AM SS Instrument #: $36.00 D2 By: A OVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF RIBED REAL PROPERTY BECAUSE OF COLOR OR RACE | ALID AND UNENFORCEABLE UNDER FEDERAL LAW.