Page 1 of 7 D219204847 9/10/2019 8:44AM PG 7 Fee: $40.00 Submitter: ET INVESTMENTS Electronically Recorded by Tarrant County Clerk in Official Public Records Wan, aa Winhobend Mary Louise Nicholson RESTRICTIVE COVENANT AND AGREEMENT (Conventional or FHA/VA Contract of Sale) TRINITY/TB/28223DFW This wn. te Covenant and Agreement (“Agreement”) is made this 4 D acy wlucsuSte [A ® by Y WicDie Cromer of }2 CMLAind hits, TXT iRo [address] (collectively, “Owner”) and _ TLS Haas Sie, d/b/a Sandlin Homes of 5137 Davis Blvd., North Richland Hills, TX 76180 (“Builder”), RECITALS: WHEREAS, Owner is the curent owner 9 .
of s J and more particulatly described as the following i .
N fol lows: LEGAL DESCRIPTION: , Tarrant 420808, Plat Records, Lot 24, Block 10, Cambridge Estates, an addition to the City of County, Texas, according to the plat thereof recorded in Docume Tarrant County, Texas, WHEREAS, Owner purchased the Property and Improve (hereinaficr defined) from Builder; and WHEREAS, the undersigned acknowledge that it i peaceable resolution of disputes through alternative a 6 3 re WHEREAS, Owner acknowledges that Buil Improvements; and WHEREAS, to the fullest exte releasc any implied warranties given b: pligable flaw, Owner desires to and does hereby waive and g Builder relating to the construction of all improvements in the Property (the “Improvements”, E qt limited to any implied warranty of good and workmanlike NOW, THEREFORE,.-for ‘Tsp Roll%rs and other good and valuable consideration, the receipt and sufficiency of which is he edged, the undersigned hereby acknowledge, agree, and stipulate the following: 2 ally agree that they have entered into a transaction that involves interstate
he receipt and sufficiency of which is he edged, the undersigned hereby acknowledge, agree, and stipulate the following: 2 ally agree that they have entered into a transaction that involves interstate commerce afd that 4 ¢pite (whether arising in contract, warranty, tort, statutory or otherwise) (the , But not limited to, (a) any and all controversies, disputes or claims arising under, or at and any amendments thereto between Builder and Owner, the Property or dealings between the Owner and Builder; (b) any controversy, dispute or claim arising epfesentations, omissions, promises or warranties alleged to have been made by Builder or Builder’s Pe gutative; 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 relatip RESTRICTIVE COVENANT AND AGREEMENT (Conv/FHA/V A) January 2017 PAGE | 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
he 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 provisions of this Agreement shall control. Furthermore, if the mediator and/or arbitrator designated in any applicable warranty documents cannot conduct the mediation or arbitration for any reason, or if no mediator Ayd/or arbitrator is designated, the parties agree to work together in good faith to select a mediator and Disputes are not resolved by mediation, an arbitrator in the county where the subject property ixToe the extent practicable). If the parties are unable to agrec on the appointment of a mediator ando then the mediation or arbitration, or both shall be conducted by the American Arbitr: (“AAA”) in accordance with its applicable rules and procedures provided, however, if tafe between this Agreement and such rules or procedures, the provisions of this Agreement_sha any reason, the AAA is unable or unwilling to conduct the mediation or the bind} g either party may petition a court of general jurisdiction in the subject county /to| arbitrator, or both. It is stipulated and agreed that the filing of a pe mediator or arbitrator shall not constitute a waiver of the right to enfoy In any arbitration proceeding between the parties: a, All applicable Federal and State law (inclugi shall apply;
ling of a pe mediator or arbitrator shall not constitute a waiver of the right to enfoy In any arbitration proceeding between the parties: a, All applicable Federal and State law (inclugi shall apply; b. All applicable claims, causes of action, reme court shall apply; c. The proceeding shall be conducted by a ensure the neutrality of the arbit; ‘ d. The parties shall be entitled to conde é. The arbitrator shall render a wri award; f. The Owner shall not bé¢ and the arbitrator ghia manner in the arhit d a g. Any award redde geeding shail be final and binding and judgment upon any g ains te 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.
in which Owner and/By gree‘that notwithstanding anything to the contrary, the rights and obligations set forth i is APreems all survive the closing of the sale of the Property and/or Improvements from Builder toSQwher) « walver or invalidity of any portion of this Agreement shall not affect the validity or enforgeabili ining portions of this Agreement. Owner and Builder further agree (1) that any Dispyte iyvolving Byilder’s directors, officers, employees and agents shall be resolved as set forth herein and not in > W; and (2) that Builder shall have the option to include its subcontractors and suppliers as parties in “ation and/or arbitration.
lf Owner or Builder file a procceding 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 motien of any
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 motien of any party to the procecding, direct that such controversy, dispute or claim be arbitrated in accordance herewith.
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 RESOLUTION AGREEMENT ARE NOT ENFORCEABLE, THE PARTIES STIPULATE AND AGREE THAT ANY AND ALL DISPUTES BETWEEN THEM SHALL BE RESOLVED BY A COURT OF COMP.
BUILDER. THE PARTIES FURTHER AGREE THAT THE RIGHTS AND OBLIGATION: P IN THIS PARAGRAPH SHALL SURVIVE (1) THE TERMINATION OF THIS AGREEMK EITHER PARTY; (2) THE DEFAULT OF THIS AGREEMENT BY EITHER PART CLOSING AND DELIVERY OF DEED.
3. OWNER AND BUILDER ACKNOWLEDGE THAT THE RESID LIABILITY ACT (“RCLA”) APPLIES TO CONSTRUCTION DEFECTS AND 2 BE SEPARATELY SENT TO D BUILDER ACKNOWLEDGE THAT EN THE RCLA AND ANY OTHER CONSUMER PROTECTION ACT, CODE (the “DTPA”), AS PROVIDED BUILDER IN THE MANNER REQUIRED BY THE RCLA. O THE RCLA CONTROLS TO THE EXTENT OF ANY CONE LAW, INCLUDING THE DECEPTIVE TRADR P!
LA AND ANY OTHER CONSUMER PROTECTION ACT, CODE (the “DTPA”), AS PROVIDED BUILDER IN THE MANNER REQUIRED BY THE RCLA. O THE RCLA CONTROLS TO THE EXTENT OF ANY CONE LAW, INCLUDING THE DECEPTIVE TRADR P!
SUBCHAPTER E, CHAPTER 17, TEXAS BUSINI BY THE RCLA AND THE DTPA.
E. OWNER AGREES AND UNDERSTANDS THAT, PURSUANT TO ER AND BUILDER, AND TO THE FULLEST EXTENT PERMITTED NER IS WAIVING ANY CLAIM OR CAUSE OF ACTION UNDER ANY RANTY OF GOOD AND WORKMANLIKE CONSTRUCTION AND ANY TY IS EXPRESSLY REPLACED BY THE TERMS OF THE LIMITED RATED BY REFERENCE INTO THE CONTRACT BETWEEN OWNER AND THE AGREEMENT BY APPLICABLE AND SUFFICIENTLY DETAILED TO ESTABLISH THE ONLY STANDARDS OF CH 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 arc the responsibility of Builder excceds 30% of the then current fair market valuc of the Improvements, as determined without reference to thc construction defect(s), Builder may elect to repurchase the Initialed for identification by Buyer f ~ ie Buyer Qk 2 iy 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 permancnt 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
mprovements 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 thc completion of the Contract between Owner and Builder and the delivery of the deed to the Property from Builder to Owner, and shall be binding on Owner’s successors and assigns.
7. Builder hereby transfers to Owner all rights, intcrests and title to all cxpress or implied wArta “Manufactured Products” incorporated into the Improvements. As used hercin, the term “Manufactuxe has the definition set forth in StrucSure Home Warranty. Owner hereby agrees, acknowledges Builder makes NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, COX 8. Builder has exercised reasonable care in assuring that the P harmful molds and other undesirable organisms; however, even utilizing any construction project can experience a problem with molds and procedures are not implemented. Such maintenance is a responsi to reduce or climinate the occurrence of mold growth in the home, that may be caused by mold. Thesc steps include the following: a, Before bringing items into the hoi furnishings, or stored clothing and already contain mold growth. Once arcas of the home.
mold. Potted plants (roots and soil), ell as many other household goods, could b. Regular vacuuming and cleaners are effectivs
stored clothing and already contain mold growth. Once arcas of the home.
mold. Potted plants (roots and soil), ell as many other household goods, could b. Regular vacuuming and cleaners are effectivs c, Keep the humid using exhaust fag clean up and-d “. Ventilate kitchens and bathrooms by opening the windows, ¢ air conditioning to remove excess moisture in the air. Promptly cofidensation, and other sources of moisture. Promptly replace any lold develop, thoroughly clean the affected area with a mild solution of bleach. First, test e if the affected material or surface is color safe. Porous matcrials, such as fabric, upholstery, arpet should be discarded. Should the mold growth be severe, call on the services of a alified professional.
f Electronic air filicrs 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 Me~ Buyer (be and Seller f 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 from the
ive 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 from the negligence or other fault of either party. If Owner receives any consideration from a third party, including, but not limited to, an assignee or subrogee, in scttlement or payment for any dispute, Owner shall indemnify Builder.
claims asserted against Builder by such third party, regardless of any allegation of Builder’s negligenc liability, breach of contract, breach of warranty or violations of the Texas Deceptive Trade Practi Protection Act.
10. Owner understands that the Property has been or will be graded by Builder to drai an approved grading and drainage plan. Any future construction on the Property by Owncz(i fences, Jandscaping, ctc.) can disrupt the drainage and cause flooding, excessive settlemcpf gn 11, Owner and Builder agree that this Agrecment shall be filed of records of the County in which the Property is located.
13, By execution of this Agreement, (i) O in accordance with the contract between Owner an approved and accepted by Owner and (ii) Owner has ad Builder from all claims and liabilitics relating to¢fie P ¢ andstipulate that, except as otherwise provided herein, this benefit of the partics hereto and their respective heirs, executors, officers, dircctors, shareholders, répres® gessors and assigns.
[SKGNATURE PAGE TO FOLLOW] Initialed for identification by Buyer _f Buyer L e and Seller RESTRICTIVE COVENANT AND AGREEMENT (Conv/FHA/VA} January 2017 PAGE 5 of 7 Page 6 of 7 we & the Owner; Marc Cromer Owncr; Micole Cromer Address: .
Printed-Narmie: Its: authorized rep Address: 5137 Davis B Initialed for identification by Buyer Me Buyer p f° and Seller
5 of 7 Page 6 of 7 we & the Owner; Marc Cromer Owncr; Micole Cromer Address: .
Printed-Narmie: Its: authorized rep Address: 5137 Davis B Initialed for identification by Buyer Me Buyer p f° and Seller RESTRICTIVE COVENANT AND AGREEMENT (Conv/FHA/VA) January 2017 PAGE 6 of 7 Page 7 of 7 STATE OF TEXAS § § COUNTY OF Dally § Thif Jystrument was acknowledged before me on the 5 } day o ,20 / 6 by (Owner).
T. BEESON De 12338314 a Public, State of Texas) aa Ney Commission Expires meeS 05/16/2021 te, Mey, we fey, lee, Mt Shs # NOY Personalized Notary Seal = STATE OF TEXAS § § COUNTY OF § LAS /2= My Commission Expires “mes 05/16/2021 , a Personalized Notary Scal THE STATE OF TEXAS § § COUNTY OF TARRANT § elie by, Sandlin Homes N WHITE 5 lic, State of Texas y Commission Expires September 2, 2021 Initialed for identification by Buyer Me. Buyer Mee and Seller / RESTRICTIVE COVENANT AND AGREEMENT (Conv/FILA/VA) January 2017 PAGE 7 of 7