Page 1 of 7 D219075210 4/12/2019 8:40 AM PGS 7 Fee: $40.00 Submitter: ET INVESTMENTS Electronically Recorded by Tarrant County Clerk in Official Public Records Wars : i: hob \ Mary Louise Nicholson RESTRICTIVE COVENANT AND AGREEMENT {Conventional or FHA/VA Contract of Sale) TRINITY/TB/26299DFW Me hy i 1 |address] (collective d/b/a Sandlin Homes « by of “Owner’) and Davis Blvd., North Richland Hills, TX 76180 (“Builder”).
RECITALS: Z\o' AMMride 9 Noch and more particularly described as follows: LEGAL DESCRIPTION: Lot 53, Block 1, Cambridge Place, an addition to the City of Texas, according to the plat thereof recorded in Document County, Texas.
drrant County Plat Records, Tarrant peaceable resolution of disputcs through alternative dispute reg WHEREAS, Owner acknowledges that Improvements; and provided an express limited warranty on the WHEREAS, to the fullest exée release any implied warranties gi the Property (the “Improvement le law, Owner desires to and docs hereby waive and Wer Builder relating to the construction of all improvements in aiAimited to any implied warranty of good and workmanlike nt SHALL RUN WITH THE LAND.
sufficiency of which is ff nywietged, the undersigned hereby acknowledge, agrec, and stipulate the following: ally agree that they have entered into a transaction that involves interstate ispute (whether arising in contract, warranty, tort, statutory or otherwise) (the g fot Limited to, (a) any and all controversies, disputes or claims arising under, or tract and any amendments thereto between Builder and Owner, the Property or and, if not settled during mediation, shall thereafter be submitted to binding arbitration as
es or claims arising under, or tract and any amendments thereto between Builder and Owner, the Property or 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 hy the arbitrator. In no event shall Owner be initially required to pay arbitration costs and fees in excess of those 2NT RESTRICTIVE COVENANT AND AGREEM (Conv/FHA/V A) 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 ‘IO 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 applicah warranty documents. If there is any conflict between this Agreement and such procedures, the provisions» this Agrecment shall control. Furthermore, if the mediator and/or arbitrator designated in any applic; warranty documents cannot conduct the mediation or arbitration for any reason, or if no mediate?
arbitrator is designated, the parties agree to work together in good faith to sclect a mediator and Disputes are not resolved by mediation, an arbitrator in the county where the subject prope:
ediate?
arbitrator is designated, the parties agree to work together in good faith to sclect a mediator and Disputes are not resolved by mediation, an arbitrator in the county where the subject prope: the extent practicable). If the partics are unable to agrec on the appointment of a mediator 4 then the mediation or arbitration, or both shall be conducted ms the American_A arbitrator, « or both. It is stipulated and agreed that the filing of a petition mediator or arbitrator shall not constitute a waiver of the right to In any arbitration proceeding between the parties: a. All applicable Federal and State law (includipg shall apply; b. All applicable claims, causes of acyoty court shall apply; c. The proceeding shall be conducted by xs ensure the neutrality of the arbitra d. The parties shall be entitled to e. The arbitrator shall x ra award; f. The Owner shall D ahy unreasonable costs, expenses or arbitrator’s fees ght to apportion the cost of any such items in an equitable zg. Pyoceeding shall be final and binding and judgment upon any any court having jurisdiction; and h. }to a construction defect, as that term is defined in Chapter 27 of (§27.001(4)), then the arbitration shall be conducted in the county is located.
€ that notwithstanding anything to the contrary, the rights and obligations hall survive the closing of the sale of the Property and/or Improvements from er or invalidity of any portion of this Agreement shall not affect the validity or aining lige of this Agreement. Owner and Builder further agree (i) that any Owner or Builder file a proceeding in any court to resolve any such contreversy, 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
ilder file a proceeding in any court to resolve any such contreversy, 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 fir identification by Bye QW) Buyer Ga and Setler_/ We ; RESTRICTIVE COVENANT AND AGREEMENT (Conw/FHA/VA) January 2017 PAGR 2 of 7 Page 3 of 7 The requirement that the parties submit any disputes hetween them to mediation and, if that does not resolve the dispute, binding arbitration is absolute and enforceable despite there being no signature by cithcr 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 TI THE ARBITRATION PROCEDURES OF THE FOREGOING ALTERNATIVE DISPUTE RESOL' ALL DISPUTES BETWEEN THEM SHALL BE RESOLVED BY A COURT OF CO) JURISDICTION IN THE COUNTY WHERE THE PROPERTY IS LOCATED WITHOUT TH JURY AND THE RIGHT TO A TRIAL BY JURY IS HEREBY EXPRESSLY WAIVED BUILDER. THE PARTIES FURTHER AGREE THAT THE RIGHTS AND OBLIGA IN THIS PARAGRAPH SHALL SURVIVE (1) THE TERMINATION OF THIS A EITHER PARTY; (2) THE DEFAULT OF THIS AGREEMENT BY E P CLOSING AND DELIVERY OF DEED.
3. OWNER AND BUILDER ACKNOWLEDGE THAT THE R A LIABILITY ACT (“RCLA”) APPLIES TO CONSTRUCTION DEFECTS A A sTES OR CLAIMS OF CLAIMS. OWNER AND BUILDER ALSO ACKNOWLEDGENANB AGREE THAT A REQUEST FOR E i Sc OF CONSTRUCTION DEFECT ALL BE SEPARATELY SENT TO
ILITY ACT (“RCLA”) APPLIES TO CONSTRUCTION DEFECTS A A sTES OR CLAIMS OF CLAIMS. OWNER AND BUILDER ALSO ACKNOWLEDGENANB AGREE THAT A REQUEST FOR E i Sc OF CONSTRUCTION DEFECT ALL BE SEPARATELY SENT TO BUILDER IN THE MANNER REQUIRED BY T THE RCLA CONTROLS TO THE EXTENT OF VEEN TITE RCLA AND ANY OTHER LAW, INCLUDING THE DECEPTIVE TRADE : CONSUMER PROTECTION ACT, SUBCHAPTER E, CHAPTER 17, TEXAS BUSJN & MMERCE CODE (the “DITPA”), AS PROVIDED BY THE RCLA ANT THE DTPA.
UNDER THE RCLA, AND THAT ANY NOTICE 5.8. j 2 4. OWNER, BY SiG! br AGR HAS/HAVE REVIEWED AND BR ‘ PROVISIONS CONTAINED HEREIN.
aid stipulates that EXCEPT AS SPECIFICALLY SET FORTH 5. Owner hereby ag § E TY OR WARRANTIES GIVEN BY BUILDER TO OWNER IN THIS AGREEMENT, T.
RELATING TO THE PROP COPY OF WHICH HAS 6 DED TO OWNER BY BUILDER AND OWNER HEREBY EXPRESSLY ACENOWLEDGES R WNER IS WAIVING ANY CLAIM OR CAUSE OF ACTION UNDER ANY ARRANTY OF GOOD AND WORKMANLIKE CONSTRUCTION AND ANY ARRANTY IS EXPRESSLY REPLACED BY THE TERMS OF THE LIMITED \ PORATED BY REFERENCE INTO THE CONTRACT BETWEEN OWNER AND TER ACKNOWLEDGES THAT THE TERMS OF SUCH LIMITED WARRANTY ARE 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 a Initialed for identification by pre API Buyer “J JS andi Behiee RESTRICTIVE COVENANT AND AGREEM! (Conv/FHA/VA} January 2017 PAGE 3 of 7 Page 4 of 7
ion defect(s), Builder may elect to repurchase the a Initialed for identification by pre API Buyer “J JS andi Behiee RESTRICTIVE COVENANT AND AGREEM! (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 clects this option, the Owner shall be reimbursed the total contract price and ail 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 fecs 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 Decd conveying the Property and Improvements to Builder, free and clear of all liens and clain and deliver possession of the Improvements and Property to Builder free of any casualty or damage caused Owner, normal wear and tear excepted. This right of election shall survive the completion of the Contract between Owner and Builder and the delivery of the deed to the Property from Builder to Owncr, and shal! be biffdj Tt Owner’s successors and assigns. CS 7. Builder hereby transfers to Owner all rights, interests and titlc to all express or impltéd Builder makes NO WARRANTIES OF ANY KIND, EXPRESS OR IR MANUFACTURED PRODUCTS AND EXPRESSLY DISCLAIMS AL MERCITANTABILITY, FITNESS OF USE FOR A PARTICULAR Pl WARRANTIES TO THE FULLEST EXTENT PERMITTED BY STATE OR F dimpfovements are free of harmful molds and other undesirable organisms; however, even utilizing m&dern matcrials, techniques and designs, any construction project can experience a problem with molds and other Meal impurities if proper maintenance
er undesirable organisms; however, even utilizing m&dern matcrials, techniques and designs, any construction project can experience a problem with molds and other Meal impurities if proper maintenance to reduce or eliminate the occurrence of mold growth in fhe hor that may be caused by mold. These steps include the fi ing: a Before bringing itcms into the bom gnxof mold. Potted plants {roots and soil).
furnishings, or stored clothing ang& as well as many othcr household goods, could already contain meld gr, : areas of the home.
b.
G low. Ventilate kitchens and bathrooms by opening the windows, Igning the air conditioning to remove excess moisture in the air. Promptly ondensation, and other sources of moisturc. Promptly replace any ft be thoroughly dricd, such as drywall or insulation.
d on a regular basis. Look for discolorations or wel spols. Repair any leaks Inspect condensation pans (refrigerators and air conditioners) for mold growth. Take sty odors, and any visible signs of mold.
}d mold develop, thoroughly clean the affected area with a mild solution of bleach. First, test te 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 fillers that may assist in effective air filtration and dchumidifiers to maintain humidity levels are available at additional cost from numerous vendors.
RESTRICTIVE COVENANT AND AGREEMENT (Conw/FHA/VAT January 2017 PAGE 4 of 7 Page 5 of 7 Whether or not a home expcriences mold growth depends largely on how it is maintained. The Builder has not
ller A= RESTRICTIVE COVENANT AND AGREEMENT (Conw/FHA/VAT January 2017 PAGE 4 of 7 Page 5 of 7 Whether or not a home expcriences 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 sccure and maintain insurance covering risk of loss and damage to the Improvements. Th parties hereby agrec to waive all subrogation rights that each may have against the other for such insured losses damage to the Improvements, its contents, or the Property, including any such loss or damage arising frg negligence or other fault of cither party. lf Owncr receives any consideration from a third party, including limited to, an assignee or subrogee, in settlement or payment for any dispute, Owner shall indemmify Builde claims asserted against Builder by such third party, regardless of any allegation of Builder’s neglige liability, breach of contract, breach of warranty or violations of the Texas Deceptive Trade P v Protection Act.
an approved grading and drainage plan. Any future construction on the Property’ by/Owncr (inelpding-p6ols, spas, fences, landscaping, etc.) can disrupt the drainage and cause flooding, excessive spttl¢ment and thar problems, Any changes after conveyance of the Property from Builder to Owner in grade or soil dondixj records of the County in which the Property is located.
12. Owmer and Builder further stipulate that th § that the Improvements have been completed any discrepancies or differences have been operty and Improvements and hereby releases or Improvements except for Builder’s obligations 13. By execution of this Agreement, (i) Owner_ag
been completed any discrepancies or differences have been operty and Improvements and hereby releases or Improvements except for Builder’s obligations 13. By execution of this Agreement, (i) Owner_ag Builder from all claims and liabilities arising under the express Limited Warf’ gnd stipulate that, exccpt as otherwise provided herein, this erfefit of the parties hereto and thcir respective heirs, executors, Iccessors and assigns.
[SIGNATURE PAGE TO FOLLOW) Initialed for identification hy Ruy fal _ and Seller RESTRICTIVE COVENANT AND AGREEMENT {Conv/FHA/VA) January 2017 PAGE 5 of 7 Page 6 of 7 Michele paston Owner michele L. Newton James B Owner B. Newton Address: 610P Cambridge Dr.
North kichland Hills, TX 7615 BUILDER: TLS Horner, Inc.
Sandlin Homes By: Printed Name Its; authorized rep Address: 5137 TX 76180 Unofficial copy Initialed for identification by Buye RESTRICTIVE COVENANT AND AGREEMENT January 2017 Buyer and Seller (Conv/FHA/VA) PAGE 6 of 7 Page 7 of 7 STATE OF TEXAS 8 § COUNTY or Low You, § . This instrument was acknowledged be: on th 8 day of Michele UNendbwy and “Aye = Comm. Expires 12-22-2022 Notary ID 11237397 Personalized Notary Sea STATE OF TEXAS COUNTY OF Personalized Notary Seal THE STATE OF TEXAS § § COUNTY OF TARRANT § by wadlrer Sandlin Homés, on behalf of said entity efor day of ref , 20/ I Ce d/b/a , state of Texas 9 a/ initialed for identification by Buy: Buyer and Seller RESTRICTIVE COVENANT AND AG (ENT (Conw/FHA/VA) January 2017 PAGE 7 of 7