Page 1 of 7 D220218280 9/1/2020 9:38 AM PGS 7 Fee: $43.00 Submitter: ET INVESTMENTS Mary Louise Nicholson Trinity Title! [0/241 0\ DFW RESTRICTIVE COVENANT AND AGREEMENT (Conventional or FHA/VA Contract of Sale) TRINITY/TB/ This Restrictive Covenant and Agreement (“Agreement”) is made this Z| day of August 2020, by Annella Sue Melugin Schneider of 7201 Wellington Court, North Richland Hills, Texas 76180 (collectively, “Owner”) and Speight Construction, Ltd. d/b/a Sandlin Homes of 5137 Davis Blvd., No: hland Hills, TX 76180 (“Builder”).
RECITALS: wh Send LEGAL DESCRIPTION: Lot 16, Block 10, Cambridge Estates, g Richland Hills, Tarrant County, Texas, according to the plat thereof recorded in Document No. D2 Texas.
WHEREAS, Owner acknowledges Improvements; and WHEREAS, to the fullesté release any implied warranties givéz the Property (the “Improveme construction and further stipulate fy applicable law, Owner desires to and does hereby waive and under Builder relating to the construction of all improvements in NOW, THERE! r} Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which cknowledged, the undersigned hereby acknowledge, agree, and stipulate the following: Syecifically agree that they have entered into a transaction that involves interstate commerce ¥ d dispute (whether arising in contract, warranty, tort, statutory or otherwise) (the by virtue 6f Any representations, omissions, promises or warranties alleged to have been made by Builder or
merce ¥ d dispute (whether arising in contract, warranty, tort, statutory or otherwise) (the by virtue 6f Any 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 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, RESTRICTIVE COVENANT AND AGREEMENT (Conv/FHA/VA) January 2017 PAGE 1 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 proyfyi warranty documents cannot conduct the mediation or arbitration for any reason, or if no
applicable warranty documents. If there is any conflict between this Agreement and such procedures, the proyfyi warranty documents cannot conduct the mediation or arbitration for any reason, or if no arbitrator is designated, the parties agree to work together in good faith to select a media mediator or arbitrator shall not constitute a waiver of the right to enfores bindjng Arbitration.
In any arbitration proceeding between the parties: a. All applicable Federal and State law (inclu hapter 27 of the Texas Property Code) shall apply; b. All applicable claims, causes of,actiof, (fr id defenses that would be available in court shall apply; 3S c. The proceeding shall be conducté arbitrator selected by a process designed to ensure the neutrality of the a) d. edsonable and necessary discovery; e. award and, if requested by any party, a reasoned f. fixed to pay any unreasonable costs, expenses or arbitrator’s fees e right ¢o apportion the cost of any such items in an equitable g in\the proceeding shall be final and binding and judgment upon any red in any court having jurisdiction; and pertains 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 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
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 / S Buyer and Seller q ~ ?
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 RESQ ALL DISPUTES BETWEEN THEM SHALL BE RESOLVED BY A COURT OF JURISDICTION IN THE COUNTY WHERE THE PROPERTY IS LOCATED WITHOU EITHER PARTY; (2) THE DEFAULT OF THIS AGREEMENT BY EIT CLOSING AND DELIVERY OF DEED.
3. OWNER AND BUILDER ACKNOWLEDGE THAT CONSTRUCTION LIABILITY ACT (“RCLA”) APPLIES TO CONSTRUCTION DEFE DISPUTES OR CLAIMS REGARDING CONSTRUCTION DEFECTS IN CONNECTION WIT! EMENTS. OWNER AND BUILDER UNDERSTAND THAT THE RCLA CONTAINS VISIO EDITE THE RESOLUTION WARRANTY PERFORMANCE SHALL NOT BE CONSTR NOTICE OF CONSTRUCTION DEFECT UNDER THE RCLA, AND THAT ANY NOTICE UNDER N SHALL BE SEPARATELY SENT TO BUILDER IN THE MANNER REQUIRED BY THRE BUILDER ACKNOWLEDGE THAT THE RCLA CONTROLS TO THE EXTENT OF y TWEEN THE RCLA AND ANY OTHER
NDER THE RCLA, AND THAT ANY NOTICE UNDER N SHALL BE SEPARATELY SENT TO BUILDER IN THE MANNER REQUIRED BY THRE BUILDER ACKNOWLEDGE THAT THE RCLA CONTROLS TO THE EXTENT OF y TWEEN THE RCLA AND ANY OTHER LAW, INCLUDING THE DECEPTIVE TRAD S - CONSUMER PROTECTION ACT, SUBCHAPTER E, CHAPTER 17, TEXAS BU ERCE CODE (the “DTPA”), AS PROVIDED BY THE RCLA AND THE DTPA.
4, OWNER, BY SIG HAS/HAVE REVIEWED ANDAN EMENT, ACKNOWLEDGES THAT HE/SHE/THEY THE PROVISIONS CONTAINED HEREIN.
5. Owner hereby agrges, 2 égges and stipulates that EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, TH SAME. OWNER AGREES AND UNDERSTANDS THAT, PURSUANT TO EN OWNER AND BUILDER, AND TO THE FULLEST EXTENT PERMITTED CLEAR, SPECIFIC 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 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/V A) 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
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 Contra Owner’s successors and assigns.
7. Builder hereby transfers to Owner all rights, interests and title to all express or iff “Manufactured Products” incorporated into the Improvements. As used herein, the term “ has the definition set forth in StrucSure Home Warranty. Owner hereby agrees, ackng e MANUFACTURED PRODUCTS AND EXPRESSLY DISCLAIMS A MERCHANTABILITY, FITNESS OF USE FOR A PARTICULS WARRANTIES TO THE FULLEST EXTENT PERMITTED BY STAT, pinning the air conditioning to remove excess moisture in the air. Promptly spills, condensation, and other sources of moisture. Promptly replace any ot be thoroughly dried, such as drywall or insulation.
pleaks on a regular basis. Look for discolorations or wet spots. Repair any leaks . Inspect condensation pans (refrigerators and air conditioners) for mold growth. Take Should mold develop, thoroughly clean the affected area with a mild solution of bleach, First, test to see if the affected material or surface is color safe. Porous materials, such as fabric, upholstery,
uld mold develop, thoroughly clean the affected area with a mild solution of bleach, First, test to 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.
if 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 KS Buyer 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/sses or negligence or other fault of either party. If Owner receives any consideration from a third party, ing limited to, an assignee or subrogee, in settlement or payment for any dispute, Owner shall indemnié claims asserted against Builder by such third party, regardless of any allegation of Buildey records of the County in which the Property is located.
12. Owner and Builder further stipulate i in agsorlance with the contract between On Biki or that any discrepancies or differences have been approved and accepted by Owner and er has accepted the Property and Improvements and hereby releases
in agsorlance with the contract between On Biki or that any discrepancies or differences have been approved and accepted by Owner and er has accepted the Property and Improvements and hereby releases Agreement shall be binding wpen arid inage fo the benefit of the parties hereto and their respective heirs, executors, officers, directors, sharehg Initialed for identification by Buyer tt Buyer and Seller RESTRICTIVE COVENANT AND AGREEMENT (Conv/FHA/VA) January 2017 PAGE 5 of 7 Page 6 of 7 er ot lap —— So CE ME Mplrge On LE Owner: Annella Sue Melugin Schnefder Aide Sue [Linge cbrifr wher Address: 7201 Wellington Court North Richland Hills, Texas 76180 Its: authorized rep Address: 5137 Davjs Bivd., Ni Initialed for identification by Buyer ix Buyer and Seller WS9 RESTRICTIVE COVENANT AND AGREEMENT (Conv/FHA/VA) January 2017 PAGE 6 of 7 Page 7 of 7 STATE OF TEXAS § COUNTY OF Dallas § This instrument was acknowledged before me on the Zi day of August, 2020 by Annella Sue Melugin Schneider Owner).
Notary Public, |e oi, TRACIE BEESON ste of Texas Notary Public, State of T ss My Commission Expires “ORES 05/16/2021 Personalized Notary Seal STATE OF TEXAS 9 § § This instrument was acknowledged before me on d; : 2020 by COUNTY OF (Own lotary Public, State of Texas Personalized Notary Seal THE STATE OF TEXAS § COUNTY OF TARRANT before me on the LIS day of August, 2020 by_ ,of Speight Construction, Ltd. d/b/a Sandlin Homes, on tn behalf of said chti : ublic, State of Texas CYNTHIA S, WALLACE ‘BE eatary Public, State of Texas ie Notary ID 131655788 eS ir North Richland Hills, TX 76180 Initialed for identification by Buyer , 4 z Buyr sand Seller mies : RESTRICTIVE COVENANT AND AGREEMENT (Conw/FHA/VA) January 2017 PAGE 7 of 7