Page 1 of 7 D217270212 11/21/2017 1:51PM PGS7 Fee: $40.00 Submitter: CSC ERECORDING SOLUTIONS Electronically Recorded by Tarrant County Clerk in Official Public Records f} po ty - Mary Louise Garci “bey vet rar cer, Mary Louise Garcia RESTRICTIVE COVENANT AND AGREEMENT (Conventional or FHA/VA Contract of Sale) STEWART/TB/410/01128-43174 of P$Olp d nue D SAC GUL iC | [address] (collectively, d/b/a Sandlin Home 5137 Gib i ‘at = Property”), Richland Hills, Tarrant County, Texas, according to the Map or Pla No. D215041218, Map/Plat Records, Tarrant County, Texas.
Improvements; and WHEREAS, to the fullest e release any implied warranties give lars and other good and valuable consideration, the receipt and ‘dged, the undersigned hereby acknowledge, agree, and stipulate the ally agree that they have entered into a transaction that involves interstate pute (whether arising in contract, warranty, tort, statutory or otherwise) (the 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. AH 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.
initialed for identification by Buyer YOUR. Buyer and Seller My RESTRICTIVE COVENANT AND AGREEMENT (Conv/FHA/VA) January 2017 PAGE | of 7 Page 2 of 7
n a court of law and effecting service of process.
initialed for identification by Buyer YOUR. Buyer and Seller My RESTRICTIVE COVENANT AND AGREEMENT (Conv/FHA/VA) January 2017 PAGE | 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 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 Disputes are not resolved by mediation, an arbitrator in the county where the subject prope the extent practicable). If the parties are unable to agree on the appointment of a mediator g then the mediation or arbitration, or both shall be conducted by the American Arbj (“AAA”) in accordance with its applicable rules and procedures provided, however, if between this Agreement and such rules or procedures, the provisions of this Agreemen In any arbitration proceeding between the parties: a. All applicable Federal and State law (inc shall apply; b. All applicable claims, causes of action, reme court shall apply; ec. The proceeding shall be conduc ensure the neutrality of the arbi e. The arbitrator shall render award; f. The Owner shall ng any unreasonable costs, expenses or arbitrator’s fees and the arbitrato 3 e the Ht to apportion the cost of any such items in an equitable
i e. The arbitrator shall render award; f. The Owner shall ng any unreasonable costs, expenses or arbitrator’s fees and the arbitrato 3 e the Ht to apportion the cost of any such items in an equitable manner in the g. Any award r Oceeding shall be final and binding and judgment upon any such award m din any court having jurisdiction; and 9S brepeny Kode (§27.001(4)), then the arbitration shall be conducted in the county 3 ee that notwithstanding anything to the contrary, the rights and obligations shall survive the closing of the sale of the Property and/or Improvements from 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.
Initiaied for identification by Buyer YoU Buyer and Seller n° 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
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 STEPULATE AND AGREE THAT ANY AND ALL DISPUTES BETWEEN THEM SHALL BE RESOLVED BY A COURT OF CO JURISDICTION IN THE COUNTY WHERE THE PROPERTY IS LOCATED WITHOUT THE USI IN THIS PARAGRAPH SHALL SURVIVE (1) THE TERMINATION OF THIS 4 EITHER PARTY; (2) THE DEFAULT OF THIS AGREEMENT BY EITHER PA& CLOSING AND DELIVERY OF DEED.
MENTS. OWNER AND REGARDING CONSTRUCTION DEFECTS IN CONNECTION WITH E DITE THE RESOLUTION BUILDER UNDERSTAND THAT THE RCLA CONTAINS PROVISIC OF CLAIMS. OWNER AND BUILDER ALSO ACKNOWLEDGE ANDN AT A REQUEST FOR WARRANTY PERFORMANCE SHALL NOT BE CONSTR' SANO Y~CONSTRUCTION DEFECT UNDER THE RCLA, AND THAT ANY NOTICE UNDER CLA SHALL BE SEPARATELY SENT TO BUILDER IN THE MANNER REQUIRED BY THE RCLA. O D BUILDER ACKNOWLEDGE THAT THE RCLA CONTROLS TO THE EXTENT OF ANY CO EN THE RCLA AND ANY OTHER LAW, INCLUDING THE DECEPTIVE TRA Wt P CONSUMER PROTECTION ACT, SUBCHAPTER E, CHAPTER 17, TEXAS BUSING E CODE (the “DTPA”), AS PROVIDED BY THE RCLA AND THE DTPA.
4. OWNER, BY SIGNIN HAS/HAVE REVIEWED AND UNDERS WNT, ACKNOWLEDGES THAT HE/SHE/THEY ROVISIONS CONTAINED HEREIN.
5. Owner hereby agre IN THIS AGREEMENT, THI RELATING TO THE PROPER@ AME. OWNER AGREES AND UNDERSTANDS THAT, PURSUANT TO d R AND BUILDER, AND TO THE FULLEST EXTENT PERMITTED TER IS WAIVING ANY CLAIM OR CAUSE OF ACTION UNDER ANY AND SUFFICIENTLY DETAILED TO ESTABLISH THE ONLY STANDARDS OF 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
AND SUFFICIENTLY DETAILED TO ESTABLISH THE ONLY STANDARDS OF 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 Property in accordance with Section 27.0042 the Texas Property Code. If the Builder elects this option, the Owner 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 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 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.
ction shall survive the 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, interests and title to all express or implieKyarPankie’, on “Manufactured Products” incorporated into the Improvements. As used herein, the term “Manus g has the definition set forth in StrucSure Home Warranty. Owner hereby agrees, acknowledgg Builder makes NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, C MANUFACTURED PRODUCTS AND EXPRESSLY DISCLAIMS ALL IMPLJ MARRANTIES OF MERCHANTABILITY, FITNESS OF USE FOR A PARTICULAR PURPQ OTHER WARRANTIES TO THE FULLEST EXTENT PERMITTED BY STATE OR 8. Builder has exercised reasonable care in assuring that th provements are free of harmful molds and other undesirable organisms; however, even utilizing no der maj any construction project can experience a problem with molds and other big pe ties if proper maintenance ity of Ow? pe’ Owner can take positive steps sey minimize any possible adverse effects a. Before bringing items into the aed furnishings, or stored clothing and ‘ already contain mold growth. Once areas of the home.
As well as many other household goods, could éht into the home, its spores can spread to other Ow. Ventilate kitchens and bathrooms by opening the windows, ung the air conditioning to remove excess moisture in the air. Promptly condensation, and other sources of moisture. Promptly replace any On a regular basis. Look for discolorations or wet spots. Repair any leaks ect condensation pans (refrigerators and air conditioners) for mold growth. Take ty odors, and any visible signs of mold.
any On a regular basis. Look for discolorations or wet spots. Repair any leaks ect condensation pans (refrigerators and air conditioners) for mold growth. Take ty odors, and any visible signs of mold.
Wdmold develop, thoroughly clean the affected area with a mild solution of bleach. First, test see if the affected material or surface is color safe. Porous materials, such as fabric, upholstery, 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 dehumidifiers to maintain humidity levels are available at additional cost from numerous vendors.
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 negligence or other fault of either party. If Owner receives any consideration from a third party, includingy Dut not limited to, an assignee or subrogee, in settlement or payment for any dispute, Owner shall indenmify Builde claims asserted against Builder by such third party, regardless of any allegation of Builder’s neg
d to, an assignee or subrogee, in settlement or payment for any dispute, Owner shall indenmify Builde claims asserted against Builder by such third party, regardless of any allegation of Builder’s neg liability, breach of contract, breach of warranty or violations of the Texas Deceptive Trade Ppa Protection Act.
11. Owner and Builder agree that this Agreement shi 13. By execution of this Agreement, (i) O in accordance with the contract between Owner and hat any discrepancies or differences have been s he Property and Improvements and hereby releases Builder from all claims and liabilities SS j dpelty or Improvements except for Builder’s obligations arising under the express Limited Wapft “benefit of the parties hereto and their respective heirs, executors, g8, successors and assigns.
Agreement shall be binding wy [SIGNATURE PAGE TO FOLLOW] Initialed for identification by Buyer Buyer and Seller vies RESTRICTIVE COVENANT AND AGREEMENT (Conv/FHA/VA) January 2017 PAGE 5 of 7 Page 6 of 7 Owner By: “V Printed Name: LS) ALT Its: authorized rey! : EN Address: 5137 Davis orth 8 nd Hills, TX 76180 Initialed for identification by Buyer Yip LR Buyer . and Seller (My RESTRICTIVE COVENANT AND AGREEMENT (Conv/FHA/VA) January 2017 PAGE 6 of 7 STATE OF TEXAS COUNTY OF Denton Yesenia esenia De La Rosa § § § Page 7 of 7 This instrument was acknowledged before me on the day of (Owner).
2017 by TYPU Personalized Notary Seal STATE OF TE STATE OF TEXAS COUNTY OF T. BEESON ID #1233831-1 Notary Public, State of Texas My Commission Expires 05/16/2021 § This instrument was acknowledged before me on the Notary Public, State of Texas (Owner).
by Unofficial Copy Personalized Notary Seal THE STATE OF TEXAS COUNTY OF TARRANT by cos con cos This instrument was
instrument was acknowledged before me on the Notary Public, State of Texas (Owner).
by Unofficial Copy Personalized Notary Seal THE STATE OF TEXAS COUNTY OF TARRANT by cos con cos This instrument was Matt Speight Sandlin Homes, on behalf of said entity of Texas Speight Construction, Ltd Notary Public, State of Texas 20 17 d/b/a white Personalized Notary Seal Ltd 5137 North Richland Hills, TX 76180 TO: d/b/a Sandlin Homes JAN WHITE * Notary Public. State of Texas NOTARY * UBLIC STATE OF TEX Notary ID # 408339-7 My Commission Expires September 2, 2021 Initialed for identification by Buyer RESTRICTIVE COVENANT AND AGREEMENT January 2017 YOUR Buyer and Seller (Conv/FHA/VA) My PAGE 7 of 7