Page 1 of 7 D218042627 2/28/2018 10:56AM PGS7 Fee: $40.00 Submitter: CSC ERECORDING SOLUTIONS “bey Buwot Has ceuee, Mary Louise Garcia RESTRICTIVE COVENANT AND AGREEMENT (Conventional or FHA/VA Contract of Sale) STEWART/TB/410/01128-46562 d 180 [address] (colle tively, Davis Blvd., North Richland Ai a 76180 ictiteg ).
RECITALS: Records, Tarrant County, Texas.
WHEREAS, Owner purchased the Property and Improves WHEREAS, the undersigned acknowledge peaceable resolution of disputes through alternative di WHEREAS, Owner acknowledges Improvements; and yapplicable law, Owner desires to and does hereby waive and WHEREAS, to the fulles¢ é sive Nunder Builder relating to the construction of all improvements in ontract and any amendments thereto between Builder and Owner, the Property or vf any dealings between the Owner and Builder; (b) any controversy, dispute or claim arising by virtueofany 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 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
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 00S initialed for identification by Buyer-—ce RESTRICTIVE COVENANT AND A GREE MENT January 2017 a Buyeros M4 G and Seller aD (Conv/FHA/VA) 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 EMPROVEMENTS. 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 app 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 propé the extent practicable). if the parties are unable to agree on the appointment of a mediate arbitrator, or both. It is stipulated and agreed that the filing of h mediator or arbitrator shall not constitute a waiver of the right to enfé In any arbitration proceeding between the parties: a. All applicable Federal and State law (inclu
agreed that the filing of h mediator or arbitrator shall not constitute a waiver of the right to enfé In any arbitration proceeding between the parties: a. All applicable Federal and State law (inclu shall apply; b. AH applicable claims, causes of action court shall apply; c. The proceeding shall be conducted d.
e.
f. opay any unreasonable costs, expenses or arbitrator’s fees ie right to apportion the cost of any such items in an equitable watd; and g. é proceeding shall be final and binding and judgment upon any ered in any court having jurisdiction; and h. ains to a construction defect, as that term is defined in Chapter 27 of Code (§27.001(4)), then the arbitration shall be conducted in the county agree that notwithstanding anything to the contrary, the rights and obligations set forth 1 Agretment shall survive the closing of the sale of the Property and/or Improvements from 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 gee ote” Buyer.) Ad: and Seller atl RESTRICTIVE COVENANT AND AGRI (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
Ad: and Seller atl RESTRICTIVE COVENANT AND AGRI (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 RESO AGREEMENT ARE NOT ENFORCEABLE, THE PARTIES STIPULATE AND AGREE THAT A CLOSING AND DELIVERY OF DEED.
3. OWNER AND BUILDER ACKNOWLEDGE THAT J, ID: CONSTRUCTION LIABILITY ACT (“RCLA”) APPLIES TO CONSTRUCTION DEFECTS|AND DISPUTES OR CLAIMS REGARDING CONSTRUCTION DEFECTS IN CONNECTION WITH IMP EMENTS. OWNER AND BUILDER UNDERSTAND THAT THE RCLA CONTAINS PROVISIO DITE THE RESOLUTION OF CLAIMS. OWNER AND BUILDER ALSO ACKNO E AND E THAT A REQUEST FOR WARRANTY PERFORMANCE SHALL NOT BE CONSTRUE NOTICE OF CONSTRUCTION DEFECT f SHALL BE SEPARATELY SENT TO BUILDER IN THE MANNER REQUIRED BY THE.RCLA THE RCLA CONTROLS TO THE EXTENT OF LAW, INCLUDING THE DECEPTIVE TRADE SUBCHAPTER E, CHAPTER 17, TEXAS BUSINM BY THE RCLA AND THE DTPA.
4. OWNER, BY SIG HAS/HAVE REVIEWED AND dges and stipulates that EXCEPT AS SPECIFICALLY SET FORTH ANTY OR WARRANTIES GIVEN BY BUILDER TO OWNER 5. Owner hereby agres IN THIS AGREEMENT, THE KEEN OWNER AND BUILDER, AND TO THE FULLEST EXTENT PERMITTED R IS WAIVING ANY CLAIM OR CAUSE OF ACTION UNDER ANY CLEAR, FIC AND SUFFICIENTLY DETAILED TO ESTABLISH THE ONLY STANDARDS OF
S AGREEMENT, THE KEEN OWNER AND BUILDER, AND TO THE FULLEST EXTENT PERMITTED R IS WAIVING ANY CLAIM OR CAUSE OF ACTION UNDER ANY CLEAR, FIC 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 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 Buyer <M G and Seller & (Conv/FHA/VA)} Initialed for identification by Buyer RESTRICTIVE COVENANT AND 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 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
n 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 bikdik 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 “Mg has the definition set forth in StrucSure Home Warranty. Owner hereby agrees, acknowledge Builder makes NO WARRANTIES OF ANY KIND, EXPRESS OR IMPL MANUFACTURED PRODUCTS AND EXPRESSLY DISCLAIMS ALL that may be caused by mold. These steps include the folowmy a. Before bringing items into the honfe furnishings, or stored clothing already contain mold areas of the home.
e low. Ventilate kitchens and bathrooms by opening the windows, ryaning the air conditioning to remove excess moisture in the air. Promptly fa % spills, condensation, and other sources of moisture. Promptly replace any at. cannot be thoroughly dried, such as drywall or insulation.
inspect condensation pans (refrigerators and air conditioners) for mold growth. Take »f musty odors, and any visible signs of mold.
ould mold develop, thoroughly clean the affected area with a mild solution of bleach. First, test o 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.
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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.
ow) Initialed for identification by Buyer koxp RP, RESTRICTIVE COVENANT AND AGREEMENT” January 2017 Buyer M1 G and Seller Le?
(Conw/FHA/VA) 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 moid or other biological impurities.
9. Owner shall secure and maintain msurance 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 fram the negligence or other fault of either party. If Owner receives any consideration from a third party, includingy bt not limited to, an assignee or subrogee, in settlement or payment for any dispute, Owner shall ta Brite liability, breach of contract, breach of warranty or violations of the Texas Deceptive Trade Protection Act.
11. Owner and Builder agree that this Agreement sha records of the County in which the Property is located.
approved and accepted by Owner and (ii omg Builder from all claims and Jiabilitie Tce he benefit of the parties hereto and their respective heirs, executors, , successors and assigns.
[SIGNATURE PAGE TO FOLLOW] Do)... SMG a Initialed for identification by Bu § Buyer — M and Seller RESTRICTIVE COVENANT AND EMENT (Conv/FHA/VA) January 2017 PAGE 5 of 7 Page 6 of 7 Owner Owner
assigns.
[SIGNATURE PAGE TO FOLLOW] Do)... SMG a Initialed for identification by Bu § Buyer — M and Seller RESTRICTIVE COVENANT AND EMENT (Conv/FHA/VA) January 2017 PAGE 5 of 7 Page 6 of 7 Owner Owner Address: 16921 Cambridge Dr.
North Richland Hills, IX 20180 BUILDER: Scott SandlinHomer, Sandlin Homes By: Printed Name: Its: authorized rep db/a Address: 5137 TX 76180 Unofficial copy Initialed for identification by Buyer, RESTRICTIVE COVENANT AND AGREEMENT January 2017 Buyer JMG (Conv/FHA/VA) and Seller PAGE 6 of 7 Page 7 of 7 STATE OF TEXAS COUNTY OF Jenny Data This instrument was acknowledged before me on the 1 day of Joti nella ..........................
RY POLI T. BEESON ID #1233831-1 Notary Public, State of Texas My Commission Expires 05/16/2021 Feb 2018 by (Owner).
Notary Public, State of Texas Personalized Notary Seal STATE OF TEXAS COUNTY OF Dentor § 55 bel Mac This in Prument was ackn This instrument was acknowledged before me on the (Owner).
Personalized Notary Seal THE STATE OF TEXAS § COUNTY OF TARRANT FE T. BEESON ID #12338311 Notary Public, State of Texas My Commission Expires 05/10/2021 Notary Public, State of Texas 2018 by Anofticial copw This instrument was acknowledged before me on the 21 day of Feb by Scott Sandin Sandlin Homes, on behalf of said entity WHITE State of Texas Notary ID # 408339-7 My Commission Expires September 2, 2021 Scott Sandliw Homes 20 18 LTO Jan white Notary Public, State of Texas d/b/a Personalized Notary Seal AFTER RECORDING, RETURN TO: Scott Sand In Nomes, Ltd 5137 Davis Blvd.
North Richland Hills, TX 76180 d/b/a Sandlin Homes Initialed for identification by Buyer RESTRICTIVE COVENANT AND AGREEMENT January 2017 Buyer JMG (Conv/FHA/VA) and Seller PAGE 7 of 7