Page 1 of 7 D218064703 3/28/2018 12:35PM PGS7 Fee: $40.00 Submitter: CSC ERECORDING SOLUTIONS “bey Buwoe Has cue, Mary Louise Garcia RESTRICTIVE COVENANT AND AGREEMENT (Conventional or FHA/VA Contract of Sale) STEWART/TB/410/01128-52151 Deig OWE VLVNASGAL JAMA WE AWE 115 Davis Blvd., North Richland Hills, re 6180 Builder’) RECITALS: WHEREAS, Owner is the current owner of the. following described pkg WI4i Cambovidae Or. No(th Richland HSI, To oN and more particularly descfibed as follows: LEGAL DESCRIPTION: Lot 43, in Block 1, of Cambridge Place, an addition to the City of ighlgnd Hills, Tarrant County, Texas, according to the Map or Plat thereof recorded in/ynder Cl i Records, Tarrant County, Texas.
WHEREAS, Owner purchased the Property and Imprpw WHEREAS, the undersigned acknowled, peaceable resolution of disputes through alternative di WHEREAS, to the fullest dxtevitpexmitted-by“applicable law, Owner desires to and does hereby waive and release any implied warranties give under Builder relating to the construction of all improvements in the Property (the “Improvements Kins, buf not limited to any implied warranty of good and workmanlike construction and further stipulatesthat this Age but not limited to, (a) any and all controversies, disputes or claims arising under, or ontract and any amendments thereto between Builder and Owner, the Property or any dealings between the Owner and Builder; (b) any controversy, dispute or claim arising by virtue‘ofafly representations, omissions, promises or warranties alleged to have been made by Builder or
or any dealings between the Owner and Builder; (b) any controversy, dispute or claim arising by virtue‘ofafly representations, omissions, promises or warranties alleged to have been made by Builder or Builder’s representative; and (c) any personal injury or property damage alleged to have been sustained by Owner on the Property or in the subdivision in which the Property is located, shall first be submitted to mediation and, if not settled during mediation, shall thereafter be submitted to binding arbitration as provided by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) or, if applicable, by similar state statute, and not by or in a court of law. All decisions respecting the arbitrability of any Dispute shall be decided by the arbitrator. In no event shall Owner be initially required to pay arbitration costs and fees in excess of those Initialed for identification by Buyer e?F ST Buyer Fo i and Seller \ 5 RESTRICTIVE COVENANT AND AGREEMENT {Conv/FHA/VA) January 2017 PAGE 1 of 7 Page 2 of 7 that would have been incurred in filing suit in a court of law and effecting service of process.
Notwithstanding anything herein to the contrary, BUYER AND SELLER WAIVE THE REMEDIES OF SPECIFIC PERFORMANCE AND RESCISSION AND THE RIGHT TO RECOVER PROFESSIONAL FEES, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES, ENGINEERING FEES, AND EXPERT AND CONSULTING WITNESS FEES FOR ANY CAUSE OF ACTION IN ANY WAY ARISING OUT OF THIS WARRANTY OR THE CONSTRUCTION OF THE IMPROVEMENTS. The mediation and, if necessary, the arbitration shall be conducted pursuant to the procedures set forth in the applicable warranty documents. If there is any conflict between this Agreement and such procedures, the provis
necessary, the arbitration shall be conducted pursuant to the procedures set forth in the applicable warranty documents. If there is any conflict between this Agreement and such procedures, the provis this Agreement shall control. Furthermore, if the mediator and/or arbitrator designated in any app warranty documents cannot conduct the mediation or arbitration for any reason, or if no me@a either party may petition a court of general jurisdiction in the suf arbitrator, or both. It is stipulated and agreed that the filing of a a. All applicable Federal and State law (includig shail apply; b. All applicable claims, causes of actio court shall apply; } ce. The proceeding shall be conducted ensure the neutrality of the arbi d.
e.
f. OS pay any unreasonable costs, expenses or arbitrator’s fees right to apportion the cost of any such items in an equitable award; and g. € proceeding shall be final and binding and judgment upon any pred in any court having jurisdiction; and agree that notwithstanding anything to the contrary, the rights and obligations set forth it\thisAsreement shall survive the closing of the sale of the Property and/or Improvements from e fe waiver or invalidity of any portion of this Agreement shall not affect the validity or enfoxceahility gf fhe remaining portions of this Agreement. Owner and Builder further agree (1) that any Disput&\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 subcontractors and suppliers as parties in the mediation and/or arbitration.
If Owner or Builder file a proceeding in any court to resolve any such controversy, dispute or claim,
option to include its subcontractors and suppliers as parties in the mediation and/or 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.
ae a oe a sll f Initialed for identification by Buyer Buyer and Seller RESTRICTIVE COVENANT AND AGREEMENT (Conv/FHA/VA) January 2017 PAGE 2 of 7 Page 3 of 7 The requirement that the parties submit any disputes between them to mediation and, if that does not resolve the dispute, binding arbitration is absolute and enforceable despite there being no signature by either party on this page of the Agreement. The parties, by their signatures at the end of this Agreement, agree to arbitration as if their signatures appeared on the page where arbitration is made part of the agreement.
2. WAIVER OF TRIAL BY JURY: IN THE EVENT THAT IT IS DETERMINED THAT THE ARBITRATION PROCEDURES OF THE FOREGOING ALTERNATIVE DISPUTE RESO AGREEMENT ARE NOT ENFORCEABLE, THE PARTIES STIPULATE AND AGREE THAT 4 ALL DISPUTES BETWEEN THEM SHALL BE RESOLVED BY A COURT OF COMPE JURISDICTION IN THE COUNTY WHERE THE PROPERTY IS LOCATED WITHOUT nus.
JURY AND THE RIGHT TO A TRIAL BY JURY IS HEREBY EXPRESSLY ie pnt BUILDER. THE PARTIES FORTHER AGREE THAT THE RIGHTS AND OBLIGA?
IN THIS PARAGRAPH SHALL SURVIVE (1) THE TERMINATION OF THIS EITHER PARTY; (2) THE DEFAULT OF THIS AGREEMENT BY EITHER A CLOSING AND DELIVERY OF DEED.
3. OWNER AND BUILDER ACKNOWLEDGE THAT
AND OBLIGA?
IN THIS PARAGRAPH SHALL SURVIVE (1) THE TERMINATION OF THIS EITHER PARTY; (2) THE DEFAULT OF THIS AGREEMENT BY EITHER A CLOSING AND DELIVERY OF DEED.
3. OWNER AND BUILDER ACKNOWLEDGE THAT LIABILITY ACT (“RCLA”) APPLIES TO CONSTRUCTION DEFE' OF CLAIMS. OWNER AND BUILDER ALSO ACKNO E AND AGREE THAT A REQUEST FOR WARRANTY PERFORMANCE SHALL NOT BE CONSTRUE NOTICE OF CONSTRUCTION DEFECT UNDER THE RCLA, AND THAT ANY NOTICE UNDER/-TF SHALL BE SEPARATELY SENT TO BUILDER IN THE MANNER REQUIRED BY THE. RCL4 BUILDER ACKNOWLEDGE THAT THE RCLA CONTROLS TO THE EXTENT orden PTWEEN THE RCLA AND ANY OTHER LAW, INCLUDING THE DECEPTIVE TRA S - CONSUMER PROTECTION ACT, SUBCHAPTER E, CHAPTER 17, TEXAS BUSRS BY THE RCLA AND THE DTPA.
4. OWNER, BY eae HAS/HAVE REVIEWED AND 5. Owner hereby agrée IN THIS AGREEMENT, THE PROVIDED THROUG COPY OF WHICH ACKNOWLEDGE A ANTY IS EXPRESSLY REPLACED BY THE TERMS OF THE LIMITED ORPORATED BY REFERENCE INTO THE CONTRACT BETWEEN OWNER AND R ACKNOWLEDGES THAT THE TERMS OF SUCH LIMITED WARRANTY ARE CLEAR, IFIC AND SUFFICIENTLY DETAILED TO ESTABLISH THE ONLY STANDARDS OF CONSTRUCTION WHICH BUILDER IS OBLIGATED TO MEET.
6. During the first five (5) years of this agreement, should Owner discover one or more defects in the construction of the Improvements and the reasonable cost to repair such construction defect(s) in or related to the Improvements that are the responsibility of Builder exceeds 30% of the then current fair market value of the Improvements, as determined without reference to the construction defect(s), Builder may elect to repurchase the RESTRICTIVE COVENANT AND AGREEMENT (Conv/FHA/VA) January 2017 PAGE 3 of 7 Page 4 of 7
n defect(s), Builder may elect to repurchase the RESTRICTIVE COVENANT AND AGREEMENT (Conv/FHA/VA) January 2017 PAGE 3 of 7 Page 4 of 7 Property in accordance with Section 27.0042 the Texas Property Code. If the Builder elects this option, the Owner shall be reimbursed the total contract price and all closing costs incurred by Owner, plus reimbursement of the cost of any permanent improvements made by the Owner to the Improvements and the Property, reasonable moving expenses to vacate the Improvements, and reasonable and necessary attorney’s fees and inspection costs incurred by Owner to discover, identify and present the construction defect(s) to the Builder. In return, Owner will deliver a Special Warranty Deed conveying the Property and Improvements to Builder, free and clear of all liens and claims and deliver possession of the Improvements and Property to Builder free of any casualty or damage caused by Owner, normal wear and tear excepted. This right of election shall survive the completion of the Contract Ovwner’s successors and assigns.
7. Builder hereby transfers to Owner all rights, interests and title to all express or i “Manufactured Products” incorporated into the Improvements. As used herein, the term “ Builder makes NO WARRANTIES OF ANY KIND, EXPRESS OR IMPL MANUFACTURED PRODUCTS AND EXPRESSLY DISCLAIMS ALL MERCHANTABILITY, FITNESS OF USE FOR A PARTICULA WARRANTIES TO THE FULLEST EXTENT PERMITTED BY STAT 8. Builder has exercised reasonable care in assuring that the bannful molds and other undesirable organisms; however, even ¥ to reduce or eliminate the occurrence of mold growth in the that may be caused by mold. These steps include the Agllowing:
uring that the bannful molds and other undesirable organisms; however, even ¥ to reduce or eliminate the occurrence of mold growth in the that may be caused by mold. These steps include the Agllowing: a. Before bringing items into the hont giens of mold. Potted plants (roots and soil), furnishings, or stored clothing érial, as well as many other household goods, could already contain mold gyowth. Cc rought into the home, its spores can spread to other areas of the home. o> will help reduce mold levels. Mild bleach solutions and most tile lg or preventing mold growth.
ime low. Ventilate kitchens and bathrooms by opening the windows, ing the air conditioning to remove excess moisture in the air. Promptly spills, condensation, and other sources of moisture. Promptly replace any eaks on a regular basis. Look for discolorations or wet spots. Repair any leaks -“Inspect condensation pans (refrigerators and air conditioners) for mold growth. Take >f musty odors, and any visible signs of mold.
Hhould mold develop, thoroughly clean the affected area with a mild solution of bleach. First, test o 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.
£. Electronic air filters that may assist in effective air filtration and dehumidifiers to maintain humidity levels are available at additional cost from numerous vendors.
fo a“ Tnitialed for identification by Buyer ° i Buyer CA and Seller RESTRICTIVE COVENANT AND AGREEMENT (Conv/FHA/VA) January 2017 PAGE 4 of 7 Page 5 of 7 Whether or not a home experiences mold growth depends largely on how it is maintained. The Builder has not
Seller RESTRICTIVE COVENANT AND AGREEMENT (Conv/FHA/VA) January 2017 PAGE 4 of 7 Page 5 of 7 Whether or not a home experiences mold growth depends largely on how it is maintained. The Builder has not made, created or extended (nor does it intend to make, create or extend) any warranty or any other expectancy, either express or implied, in regard to any mold or other biological impurities.
9. Owner shall secure and maintain insurance covering risk of loss and damage to the Improvements. The parties hereby agree to waive all subrogation rights that each may have against the other for such insured losses or damage to the Improvements, its contents, or the Property, including any such loss or damage arising #4 Protection Act.
10. Owner understands that the Property has been or will be graded by Builde an approved grading and drainage plan. Any future construction on the Prope 11. Owner and Builder agree that this Agreement sha records of the County in which the Property is located.
approved and accepted by Owner and (ij, O fas a eA arising under the express Limited Warrah S We.
14. Owner and Builddr agfge owgdge and stipulate that, except as otherwise provided herein, this Agreement shall be binding upog officers, directors, shareholde [SIGNATURE PAGE TO FOLLOW] Initialed for identification by Buyer_ “9 Si Buyer i. and Seller ie RESTRICTIVE COVENANT AND AGREEMENT (Conv/FHA/VA) January 2017 PAGE 5 of 7 Page 6 of 7 By: Printed Name: Its: authorized rep Address: 5137 Davig Initialed for identification by Buyer Buyer \ A and Selle RESTRICTIVE COVENANT AND AGREEMENT (Conv/FHA/VA) January 2017 PAGE 6 of 7 STATE OF TEXAS Dentir COUNTY OF Page 7 of 7 § by
Address: 5137 Davig Initialed for identification by Buyer Buyer \ A and Selle RESTRICTIVE COVENANT AND AGREEMENT (Conv/FHA/VA) January 2017 PAGE 6 of 7 STATE OF TEXAS Dentir COUNTY OF Page 7 of 7 § by Scott Thune instrument was This instrument was acknowledged before me on the Personalized Notary Seal STATE OF TEXAS COUNTY OF Dentor herm T. BEESON ID #1233831-1 Notary Public, State of Texas My Commission Expires 05/16/2021 § 8888 This instrument was acknowledged before me on the Kindsey Michelle auheed befo 19 day of Manh 2018 (Owner).
Notary Public, State of Texas 20 18 by Notary Public, State of Texas Unofficial Copy Personalized Notary Seal THE STATE OF TEXAS COUNTY OF TARRANT by F Notary My T. BEESON ID #1233831-1 This instrument was as on the MAH Spright Sandlin Homes, on behalf of said Personalized Notary Seal JAN WHITE of Notary Public, State of Texas Notary ID # 408339-7 My Commission Expires September 2, 2021 19 day of March, 2018 Spright Construction 170 dola Notary Public State of Texas North Richland Hills, TX 76180 TO: d/b/a Sandlin Homes Initialed for identification by Buyer RESTRICTIVE COVENANT AND AGREEMENT January 2017 ST Buyer and Seller MS (Conv/FHA/VA) PAGE 7 of 7