Page 1 of 7 D217286900 12/13/2017 11:52AM PGS7 Fee: $40.00 Submitter: CSC ERECORDING SOLUTIONS Electronically Recorded by Tarrant County Clerk in Official Public Records f} ff ty - Mary Louise Garci “bey Oewot Mar cur, Mary Louise Garcia RESTRICTIVE COVENANT AND AGREEMENT (Conventional or FHA/VA Contract of Sale) STEWART/TB/410/01128-47411 et Cre is made this Ls day of pec . . o | ] BYaddr ess] This Rescue Covenant and Ag (coilectively, Davis Blvd., North Richland Hills, TX 76180 (‘Builder’).
RECITALS: WHEREAS, Owner is the current owner of the following described Sos Bicwnond Drive, dora 8 Cla nd Hills and more particularly described as oe LEGAL DESCRIPTION: and Hills, Tarrant County, ; 6 0215041218, Map/Plat Lot 2, in Block 2, of Cambridge Place, an addition to the City of Texas, according to the Map or Plat thereof recorded in/under Cle Records, Tarrant County, Texas.
arth Ri WHEREAS, Owner purchased the Property and Improyem' ereinafter defined) from Builder; and WHEREAS, the undersigned acknowled peaceable resolution of disputes through alternative WHEREAS, Owner acknowledges tha Improvements; and applicable law, Owner desires to and does hereby waive and %K under Builder relating to the construction of all improvements in ontract and any amendments thereto between Builder and Owner, the Property or yany dealings between the Owner and Builder; (b) any controversy, dispute or claim arising by virtudof ap? 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
presentative; 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. §§ I 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 fe 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 provisjons of this Agreement shall control. Furthermore, if the mediator and/or arbitrator designated in any aQplicable warranty documents cannot conduct the mediation or arbitration for any reason, or if no media Disputes are not resolved by mediation, an arbitrator in the county where the subject propérty ate
licable warranty documents cannot conduct the mediation or arbitration for any reason, or if no media Disputes are not resolved by mediation, an arbitrator in the county where the subject propérty ate i eombiock i on between this Agreement and such rules or procedures, the provisions of this Agre é ail . If, for any reason, the AAA is unable or unwilling to conduct the mediation grthe biqdmg arbifratiow, or both, , e o APpeint a mediator or \uesting appointment of a arbitration.
In any arbitration proceeding between the parties: a. All applicable Federal and State law (inclu shall apply; b. All applicable claims, causes of actio court shall apply; c. The proceeding shall be conduc ensure the neutrality of the arbitrate d. The parties shall be entitled tg e. The arbitrator shall award; f. The Owner shall asonable and necessary discovery; Ward and, if requested by any party, a reasoned opay any unreasonable costs, expenses or arbitrator’s fees e right to apportion the cost of any such items in an equitable awed; and g. Any award régdered i e proceeding shall be final and binding and judgment upon any pcething\peNdins to a construction defect, as that term is defined in Chapter 27 of p a riy Code (§27.001(4)), then the arbitration shall be conducted in the county he Property is located.
set forth ts Agreement shall survive the closing of the sale of the Property and/or Improvements from By ¢ waiver or invalidity of any portion of this Agreement shall not affect the validity or enfoxceavili e remaining portions of this Agreement. Owner and Builder further agree (1) that any not in a ce ff law; and (2) that Builder shall have the option to include its subcontractors and suppliers as parties in the mediation and/or arbitration.
Owner and Builder further agree (1) that any not in a ce ff 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 en Buyer fP and Seller <P -EMENT RESTRICTIVE COVENANT AND Ai (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 agreement.
2. WAIVER OF TRIAL BY JURY: IN THE EVENT THAT IT IS DETERMINED THAT THE ARBITRATION PROCEDURES OF THE FOREGOING ALTERNATIVE DISPUTE RESOLWTION BUILDER. THE PARTIES FURTHER AGREE THAT THE RIGHTS AND OBLIGATA IN THIS PARAGRAPH SHALL SURVIVE (1) THE TERMINATION OF THISN EITHER PARTY; (2) THE DEFAULT OF THIS AGREEMENT BY EITHER PA CLOSING AND DELIVERY OF DEED.
3, OWNER AND BUILDER ACKNOWLEDGE THAT TA HKPEDITE THE RESOLUTION REE THAT A REQUEST FOR A NOTICE OF CONSTRUCTION DEFECT SHALL BE SEPARATELY SENT TO WARRANTY PERFORMANCE SHALL NOT BE CONSTRUED
OF DEED.
3, OWNER AND BUILDER ACKNOWLEDGE THAT TA HKPEDITE THE RESOLUTION REE THAT A REQUEST FOR A NOTICE OF CONSTRUCTION DEFECT SHALL BE SEPARATELY SENT TO WARRANTY PERFORMANCE SHALL NOT BE CONSTRUED UNDER THE RCLA, AND THAT ANY NOTICE UNDER BUILDER IN THE MANNER REQUIRED BY THE RCLA 1) BUILDER ACKNOWLEDGE THAT THE RCLA CONTROLS TO THE EXTENT OF LAW, INCLUDING THE DECEPTIVE TRA SUBCHAPTER E, CHAPTER 17, TEXAS BUS BY THE RCLA AND THE DTPA.
BI WEEN THE RCLA AND ANY OTHER BS - CONSUMER PROTECTION ACT, RCE CODE (the “DTPA”), AS PROVIDED ENT, ACKNOWLEDGES THAT HE/SHE/THEY ROVISIONS CONTAINED HEREIN.
OME WARRANTY (THE “LIMITED WARRANTY”) A SPECIMAN VIDED TO OWNER BY BUJLDER AND OWNER HEREBY EXPRESSLY AME. OWNER AGREES AND UNDERSTANDS THAT, PURSUANT TO OWNER AND BUILDER, AND TO THE FULLEST EXTENT PERMITTED NER IS WAIVING ANY CLAIM OR CAUSE OF ACTION UNDER ANY 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 Initialed for identification by Buyer Cm py SP and Seller a5 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
ction 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 between Owner and Builder and the delivery of the deed to the Property from Builder to Owner, and shall be bi Owner’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 “Magnhg 8. Builder has exercised reasonable care in assuring that the harmful molds and other undesirable organisms; however, even utilizing procedures are not implemented. Such maintenance is a responsiDS to reduce or eliminate the occurrence of mold growth in the hoya Lih&keby minimize any possible adverse effects f pfal, as well as many other household goods, could already contain mold growth. /Opee brought into the home, its spores can spread to other areas of the home.
elp reduce mold levels. Mild bleach solutions and most tile or preventing mold growth.
b. Regular vacu cleaners are eff
. /Opee brought into the home, its spores can spread to other areas of the home.
elp reduce mold levels. Mild bleach solutions and most tile or preventing mold growth.
b. Regular vacu cleaners are eff e low. Ventilate kitchens and bathrooms by opening the windows, pning the air conditioning to remove excess moisture in the air. Promptly pits, condensation, and other sources of moisture. Promptly replace any pt be thoroughly dried, such as drywall or insulation.
using exhatist fa clean uf g a materialk thet casin Lenni on a regular basis. Look for discolorations or wet spots. Repair any leaks promptly \Anspect condensation pans (refrigerators and air conditioners) for mold growth. Take 0 of musty odors, and any visible signs of mold.
ould mold 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, or 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.
Initialed for identification by Buyer f VO Buyer f and Seller eS Al EMENT RESTRICTIVE COVENANT AND (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
ther 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 fyom the negligence or other fault of either party. If Owner receives any consideration from a third party, including, byt not limited to, an assignee or subrogee, in settlement or payment for any dispute, Owner shall indemnify B an approved grading and drainage plan. Any future construction on the Property by fences, landscaping, etc.) can disrupt the drainage and cause flooding, excessjve"Se resulting therefrom shall be Owner’s sole responsibility and Owner employees, from any and all liability and/or damages which may arise as a} 11. Owner and Builder agree that this Agreement sha records of the County in which the Property is located.
12, Owner and Builder further stipulate that this Ag ges that the Improvements have been completed at any discrepancies or differences have been 13. By execution of this Agreement, (i) Owné in accordance with the contract between Owner ane Builder from all claims and liabilities ech i gperty or Improvements except for Builder’s obligations arising under the express Limited Wa ¢ {SIGNATURE PAGE TO FOLLOW] RESTRICTIVE COVENANT AND A EMENT (Couv/FHA/VA) January 2017 PAGE 5 of 7 Page 6 of 7 Nous Y Owner Address: S dos i layne Ad Drive Nove h icWland His X26 [6 Owner By: —~ Printed Name: Its: authorized rep ~ Address: 5137 Davi North ® anti Hills, TX 76180
ary 2017 PAGE 5 of 7 Page 6 of 7 Nous Y Owner Address: S dos i layne Ad Drive Nove h icWland His X26 [6 Owner By: —~ Printed Name: Its: authorized rep ~ Address: 5137 Davi North ® anti Hills, TX 76180 Initialed for identification by Buyer K Buyer & and Seller eS RESTRICTIVE COVENANT AND AGREEMENT (Conv/FHA/VA) January 2017 PAGE 6 of 7 Page 7 of 7 STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the 7 day of Nitin Bhatt Dec. 2017 by (Owner).
NOTARY PUBLIC Personalized Notary Seal YVONNE NISSEN Notary ID # 128465445 My Commission Expires Notary Public, State of Texas THE STATE OF TEXAS STATE OF TEXAS § NOTARY PUBLIC Personalized Notary Seal STATE OF TEXAS YVONNE NISSEN Notary ID #128465445 My Commission Expires December 9, 2018 Notary Public, State of Texas STATE OF TEXAS COUNTY OF DENTON Neha Bhatt This_instrument was acknowledged before me on the (Owner).
COUNTY OF TARRANT by This instrument was acknowledged before me on the 7 day of Scott Sandlin Sandlin Homes, on behalf of said Dec 2017 Scott Sandlin Homes, UTD, d/b/a Personalized Notary Seal OF TEXA TO: 580k sand)m tones (d/b/a Sandlin Homes 5137 North Richland Hills, TX 76180 Unofficial Copy 2017 by JAN WHITE Notary Public, State of Texas Notary ID # 408339-7 My Commission Expires September 2, 2021 Notary Public, State of Texas M SS Initialed for identification by Buyer RESTRICTIVE COVENANT AND AGREEMENT January 2017 Buyer and Seller (Conv/FHA/VA) PAGE 7 of 7