Page 1 of 7 D219029057 2/14/2019 11:49AM PGS7 Fee: $40.00 Submitter: ET INVESTMENTS Mary Louise Nicholson RESTRICTIVE COVENANT AND AGREEMENT (Conventional or FHA/VA Contract of Sale) TRINITY/TB/ Z604Uafw property situated at (the “Property”), WHEREAS, Owner is the current idion Cr. Nie a_K arty described as follows: and more parti cul.
LEGAL DESCRIPTION: Lot 12, Block 10, Cambridge Estates, an addition to the according to the plat thereof recorded in meen th Richland Hills, Tarrant County, Texas, , Plat Records, Tarrant County, Texas.
WHEREAS, Owner purchased the Proper ments (hereinafter defined) from Builder; and is the policy of the State of Texas to cncourage the WHEREAS, the undersigned 2 & ative dispute resolution proccdures; and peaceable resolution of disputes thr: WHEREAS, Own ed that Builder has provided an express limited warranty on. the Improvements; and WHEREAS, to the feleasc any implied wa j the Property (the “I construction and ermitted by applicable law, Owner desires to and does hereby waive and , through or under Builder relating to the construction of all improvements in $") including but not limited to any implied warranty of good and workmanlike g& that this Agreement SHALL RUN WITH THE LAND.
ORE, for Ten Dollars and other good and valuable consideration, the receipt and hereby acknowledged, the undersigned hereby acknowledge, agree, and stipulate the pid that any dispute (whether arising in contract, warranty, tort, statutory or otherwise) (the “Disput®”), including, but not limited to, (a) any and all controversies, disputes or claims arising under, or relating to, any contract and any amendments thereto between Builder and Owner, the Property or
t®”), including, but not limited to, (a) any and all controversies, disputes or claims arising under, or relating to, any contract and any amendments thereto between Builder and Owner, the Property or Improvements, or any dealings between the Owner and Builder; (b) any controversy, dispute or claim arising by virtue of any 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 lecated, 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 that would have been incurred in filing suit in a court of law and effecting service of process.
2 Initialed for identification by Buyer > Cf Buyer and Seller RESTRICTIVE COVENANT AND AGREEMENT (Conv/FHA/VA) January 2017 PAGE 1 of 7 Page 2 of 7 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 WAM\ARISING OUT OF THIS WARRANTY OR THE CONSTRUCTION OF THE IMPROVEMENTS. The mediation
ITED TO, ATTORNEYS FEES, ENGINEERING FEES, AND EXPERT AND CONSULTING WITNESS FEES FOR ANY CAUSE OF ACTION IN ANY WAM\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 fort! the\applicable warranty documents. If there is any conflict between this Agreement and such preceyaya o e sions of this Agreement shall control. Furthermore, if the mediator and/or arbitrator designé warranty documents cannot coriduct the mediation or arbitration for any reason, 3 arbitrator is designated, the parties agree to work together in good faith to select\a taediapor and, if all Disputes are not resolved by mediation, an arbitrator in the county where the exty is located (to or arbitrator, any reason, the AAA is unable or unwilling to conduct the mediati e Jinding arbitration, or both, , either party may petition a court of general jurisdictigy in the i p arbitrator, or both. It is stipulated and agreed that mediator or arbitrator shall not constitute a waiver of the a. All applicable Federal and Se shall apply; b. All applicable claims, cayee court shall apply; ‘ ng d. 0 conduct reasonable and necessary discovery; & a written award and, if requested by any party, a reasoned f. € required to pay any unreasonable costs, expenses or arbitrator’s fees Shall have the right to apportion the cost of any such items in an equitable 2 ay be entered in any court having jurisdiction; and preceeding pertains to a construction defect, as that term is defined in Chapter 27 of eXas Property Code (§27.001(4)), then the arbitration shall be conducted in the county hich the Property is located.
and Builder agree that notwithstanding anything to the contrary, the rights and obligations
perty Code (§27.001(4)), then the arbitration shall be conducted in the county hich the Property is located.
and Builder agree that notwithstanding anything to the contrary, the rights and obligations is Agreement shall survive the closing of the sale of the Property and/or Improvements from Builderto 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 any Dispute involving Builder’s directors, officers, employees and agents shail 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, 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.
Initialed for identification by Buyer SP Buyer and Seller _f Vv V RESTRICTIVE COVENANT AND AGREEMENT (Conv/FHA/V A) 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 agree
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 agree AGREEMENT ARE NOT ENFORCEABLE, THE PARTIES STIPULATE AND AG!
ALL DISPUTES BETWEEN THEM SHALL BE RESOLVED BY A COUR OF CLAIMS. OWNER AND BUILDER AL WARRANTY PERFORMANCE SHALL NOT UNDER THE RCLA, AND THAT ANY NOTICK BUILDER IN THE MANNER REQUIRED X™OWNER AND BUILDER ACKNOWLEDGE THAT THE RCLA CONTROLS TO THE E WY GANFLICT BETWEEN THE RCLA AND ANY OTHER SUBCHAPTER E, CHAPTER BSS & COMMERCE CODE (the “DTPA”), AS PROVIDED BY THE RCLA AND THE J) AND AGREE THAT A REQUEST FOR AS A NOTICE OF CONSTRUCTION DEFECT 5. Owner fey als acknowledges and stipulates that EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREBMENT, RELATING Ti Fei PERTY OR IMPROVEMENTS ARE DESCRIBED IN THE EXPRESS WARRANTY R Oo .
M.HAS BEEN PROVIDED TO OWNER BY BUILDER AND OWNER HEREBY EXPRESSLY GRSRECEIPT OF SAME. OWNER AGREES AND UNDERSTANDS THAT, PURSUANT TO BETWEEN OWNER AND BUILDER, AND TO THE FULLEST EXTENT PERMITTED LE LAW, OWNER IS WAIVING ANY CLAIM OR CAUSE OF ACTION UNDER ANY IMPLIED WARRANTY OF GOOD AND WORKMANLIKE CONSTRUCTION AND ANY SUCH IMPLIED WARRANTY IS EXPRESSLY REPLACED BY THE TERMS OF THE LIMITED WARRANTY INCORPORATED BY REFERENCE INTO THE CONTRACT BETWEEN OWNER AND BUILDER. OWNER ACKNOWLEDGES THAT THE TERMS OF SUCH LIMITED WARRANTY ARE CLEAR, SPECIFIC 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
NTLY 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 rcpair such construction defect(s) in or related to the Improvements that are the responsibility of Builder exceeds 30% of the then current fair market valuc of the Improvements, as determined without reference to the construction defect(s), Builder may clect to repurchase the Property in accordance with Section 27.0042 the Texas Property Code. If the Builder clects this option, the Owner Initialed for identification by Buyer SCF Buyer and Seller _/ : RESTRICTIVE COVENANT AND AGREEMENT (Conv/FHA/VA) January 2017 PAGE 3 of 7 Page 4 of 7 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 vacatc the Improvements, and reasonable and necessary attorney’s fees and inspection costs incurred by Owncr to discover, identify and present the construction defect(s) to the Builder, In return, Owner wi deliver a Special Warranty Deed conveying the Property and Improvements to Builder, free and clear of all lienk akd claims and deliver possession of the Improvements and Property to Builder free of any casualty or Qéntage\caused by Owner and Builder and the delivery of the deed to the Property from Builder to Owner, g divg on Owner’s successors and assigns.
7, Builder hereby transfers to Owner all rights, interests and title to all “Manufactured Products” incorporated into the Improvements. As used herein,
Owner, g divg on Owner’s successors and assigns.
7, Builder hereby transfers to Owner all rights, interests and title to all “Manufactured Products” incorporated into the Improvements. As used herein, has the definition set forth in StrucSure Home Warranty. Owner hergb ; Builder makes NO WARRANTIES OF ANY KIND, EXPRE$ MANUFACTURED PRODUCTS AND EXPRESSLY DISCLA MERCHANTABILITY, FITNESS OF USE FOR A PARTI WARRANTIES TO THE FULLEST EXTENT PERMITTERBY STA 8. Builder has exercised reasonable care in assurittg tht the Property and Improvements are free of harmful molds and other undesirable organisms; howevg g g modern materials, techniques and designs, any construction project can experience a probl dsanchother biological impurities if proper maintenance procedures are not implemented. Such maintenanés itity of Owner. The Owner can take positive steps to reduce or eliminate the occurrence of mold gro , and thereby minimize any possible adverse effects dedding material, as well as many other household goods, could Once mold is brought into the homc, its spores can spread to other and cleaning will help reduce mold levels. Mild bleach solutions and most tile in eliminating or preventing mold growth.
ddity in the home low. Ventilate kitchens and bathrooms by opening the windows, ast fans, or running the air conditioning to remove excess moisture in the air. Promptly an. up and dry spills, condensation, and othcr sources of moisture. Promptly replace any aterials that cannot be thoroughly dried, such as drywall or insulation.
.d. Inspect for Icaks 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.
k 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.
e. Should mold develop, thoroughly clean the affected area with a mild solution of bleach. First, test to sce 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 severc, 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.
Initialed for identification by Buyer os Cf Buyer and Seller wi 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.
parties hereby agree to waive all subrogation rights that cach may have against the other for damage to the Improvements, its contents, or the Property, including any such loss or d Protection Act, 10. Owner understands that the Property has been or will be an approved grading and drainage plan. Any future construction on fences, landscaping, ctc.} can disrupt the drainage and cause Staoding, exvessive ge meMNg grade or soil conditions and any damages or loss resulting therefrom shall be Owner’s sole responsibility ans er hereby releases Buildcr, its agents and Y asa result of such changes.
11. Owner and Builder agree that thi
tions and any damages or loss resulting therefrom shall be Owner’s sole responsibility ans er hereby releases Buildcr, its agents and Y asa result of such changes.
11. Owner and Builder agree that thi records of the County in which the Property is loca’ é filed of record in the appropriate real property 12, Owner and Builder further sti rm: greement SHALL RUN WITH THE LAND.
13. By execution of thé Xgréemes er acknowledges that the Improvements have becn completed Me wer and.Builder or that any discrepancies or differences have been Ownfer has accepted the Property and Improvements and hereby releases Builder from all claims and sting to the Property or Improvements cxcept for Builder’s obligations arising under the express Lim axranty described above.
14. Owner 4 {outa agree, acknowledge and stipulate that, except as otherwise provided herein, this bindi Agreement shal] Pof and inure to the bencfit of the parties hereto and their respective heirs, executors, officers, dire [SIGNATURE PAGE TO FOLLOW] Initialed for identification by Buyer yO Buyer and Seller WV RESTRICTIVE COVENANT AND AGREEMENT (Conv/FHA/VA) January 2017 PAGE 5 of 7 Page 6 of 7 CG Moral C’PCCIOS Owncr Address: BUILDER MAL Sa nl Sandlin Homes By: Printed Name: Its: authorized rep Addres Davis Blvd., North Richland Hills, TX 76180 Initialed for identification by Buyer - CO Buyer and Seller { RESTRICTIVE COVENANT AND AGREEMENT (Conv/FHA/V A} January 2017 PAGE 6 of 7 Page 7 of 7 STATE OF TEXAS § . § COUNTY OF Dilly § je ‘Pepe a. before me on the nie day of Feb (Qwner).
eit T. BEESON Lp °= Notary Public, State of Texas SSatAL/2S My Commission Expires “eS 05/16/2021 th) iy a , 20 by & Gos Notary Public, State of Texas Personalized Notary Seal THE STATE OF TEXAS COUNTY OF TARRANT
14 Lp °= Notary Public, State of Texas SSatAL/2S My Commission Expires “eS 05/16/2021 th) iy a , 20 by & Gos Notary Public, State of Texas Personalized Notary Seal THE STATE OF TEXAS COUNTY OF TARRANT sknoWledged before me on the. I day of, Feb , 20 4 Mike Stindlic Himes Joel aie JAN WHITE / Notary Public, State of Texas iH Notary ID # 408339-7 My Commission Expires September 2, 2021 AFTER RECORDING, RETURN TO: S d/b/a Sandlin Homes 5137 Davis Blvd North Richland Hills, TX 76180 Initialed for identification by Buyer 3 1 Buyer and Seller WW RESTRICTIVE COVENANT AND AGREEMENT (Conw/FHA/VA) January 2017 PAGE 7 of 7