Page 1 of 7 D220221345 9/2/2020 4:47 PM PGS 7 Fee: $43.00 Submitter: ET INVESTMENTS Mary Louise Nicholson Trinity Tide? 1/2451 3% DFW RESTRICTIVE COVENANT AND AGREEMENT (Conventional or FHA/VA Contract of Sale) TRINITY/TB/2951 8dfw by ELA Bol d of 1 address] “Owner”) and d/b/a Sandlin Davis Blvd., North Richland Hills, TX 76180 (“Builder”), RECITALS; ead at “Property”), 6 Has, Tarrant County, Texas, according to the plat thereof recorded in Document No. D2172288 Plat Records, Tarrant County, Texas.
WHEREAS, Owner acknowledges Improvements; and WHEREAS, to the fuple pplicable law, Owner desires to and does hereby waive and under Builder relating to the construction of all improvements in not limited to any implicd warranty of good and workmanlike construction and further stipulgtgs the S eement SHALL RUN WITH THE LAND.
NOW, THERA ef Dollars and other good and valuable consideration, the receipt and sufficiency of which dcknowledged, the undersigned hercby acknowledge, agree, and stipulate the following: specifically agree that they have entered into a transaction that involves interstate dispute (whether arising in contract, warranty, tort, statutory or otherwise) (the o, yny\e6ntract and any amendments thereto between Builder and Owner, the Property or arovements, or any dealings between the Owner and Builder; (b) any controversy, dispute or claim arising gny representations, omissions, promises or warranties alleged to have been made by Builder or Bulder’s »épresentative; 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. §§ 1 et seq.) or, if applicable, by similar state statute, and not by or in a court of Jaw. All decisions respecting the arbitrability of any Dispute shall be decided by the arbitrator. In mo 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 | gh” Buyer DUC and Setter Z RESTRICTIVE COVENANT AND AGREEMENT (Conv/FHA/V A) 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 [MPROVEMENTS. The mediatigh 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 provjsions this Agreement shall control, Furthermore, if the mediator and/or arbitrator designated in anya warranty documents cannot conduct the mediation or arbitration for any reason, or if no meffia arbitrator is designated, the parties agree to work together in good faith to select a medi4
ated in anya warranty documents cannot conduct the mediation or arbitration for any reason, or if no meffia arbitrator is designated, the parties agree to work together in good faith to select a medi4 Disputes are not resolved by mediation, an arbitrator in the county where the subject propery the extent practicable). If the parties are unable to agree on the appointment of a medigtér and/d ftor, then the mediation or arbitration, or both shall be conducted by the American A Ay t (“AAA”) in accordance with its applicable rules and procedures provided, howe i cpfflict between this Agreement and such rules or procedures, the provisions of fis Agree Stion, or both, , either party may petition a court of general jurisdiction in the subjpct\county to appoint a mediator or arbitrator, or both. It is stipulated and agreed that the filing of a petitiqn reqmesfing appointment of a mediator or arbitrator shall not constitute a waiver of the rightyo enforce aindihg arpitration.
In any arbitration proceeding between the parties: a. All applicable Federal and State law {in shall apply; b. All applicable claims, causes Cdption defenses that would be available in court shall apply; c. The proceeding shall be conducte elé atbitrator selected by a process designed to ensure the neutrality of the apt a. mable and necessary discovery; e g award and, if requested by any party, a reasoned EB O’pay any unreasonable costs, expenses or arbitrator’s fees he right to apportion the cost of any such items in an equitable ard; and der agree that notwithstanding anything to the contrary, the rights and obligations retuent shall survive the closing of the sale of the Property and/or Improvements from The waiver or invalidity of any eae of this Agreement shall not affect the validity or
the rights and obligations retuent shall survive the closing of the sale of the Property and/or Improvements from The waiver or invalidity of any eae of this Agreement shall not affect the validity or 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.
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 THA THE ARBITRATION PROCEDURES OF THE FOREGOING ALTERNATIVE DISPUTE RESO AGREEMENT ARE NOT ENFORCEABLE, THE PARTIES STIPULATE AND AGREE THAT A ALL DISPUTES BETWEEN THEM SHALL BE RESOLVED BY A COURT OF C@ JURISDICTION IN THE COUNTY WHERE THE PROPERTY IS LOCATED WITHOUT F CLOSING AND DELIVERY OF DEED.
CONSTRUCTION FSPUTES OR CLAIMS 3. OWNER AND BUILDER ACKNOWLEDGE THAT LIABILITY ACT (“RCLA”) APPLIES TO CONSTRUCTION DEFECT: REGARDING CONSTRUCTION DEFECTS IN CONNECTIO R 3
LOSING AND DELIVERY OF DEED.
CONSTRUCTION FSPUTES OR CLAIMS 3. OWNER AND BUILDER ACKNOWLEDGE THAT LIABILITY ACT (“RCLA”) APPLIES TO CONSTRUCTION DEFECT: REGARDING CONSTRUCTION DEFECTS IN CONNECTIO R 3 BUILDER UNDERSTAND THAT THE RCLA CONTAINS PROW PEDITE THE RESOLUTION AND AGREE THAT A REQUEST FOR QTICE OF CONSTRUCTION DEFECT BUILDER IN THE MANNER REQUIRED BY T. D BUILDER ACKNOWLEDGE THAT THE RCLA CONTROLS TO THE EXTENT OF EEN THE RCLA AND ANY OTHER LAW, INCLUDING THE DECEPTIVE TRAD. p CONSUMER PROTECTION ACT, SUBCHAPTER E, CHAPTER 17, TEXAS Bi RCE CODE (the “DTPA”), AS PROVIDED BY THE RCLA AND THE DTPA. © 4. OWNER, BY SI!
HAS/HAVE REVIEWED ANP MENT, ACKNOWLEDGES THAT HE/SHE/THEY PROVISIONS CONTAINED HEREIN.
5. Owner hereby ag IN THIS AGREEMENT, T!
RELATING TO THE PROPE ‘TY OR WARRANTIES GIVEN BY BUILDER TO OWNER COPY OF WHICH His ¥ PROVIDED TO OWNER BY BUILDER ANT) OWNER HEREBY EXPRESSLY ACKNOWLEDGES t BEN OWNER AND BUILDER, AND TO THE FULLEST EXTENT PERMITTED KA OWNER IS WAIVING ANY CLAIM OR CAUSE OF ACTION UNDER ANY PLIWD WARRANTY OF GOOD AND WORKMANLIKE CONSTRUCTION AND ANY ARRANTY IS EXPRESSLY REPLACED BY THE TERMS OF THE LIMITED CORPORATED BY REFERENCE INTO THE CONTRACT BETWEEN OWNER AND DOWNER ACKNOWLEDGES THAT THE TERMS OF SUCH LIMITED WARRANTY ARE 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
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 Initialed for identification by Buyer We Buyer P wl and Seller > RESTRICTIVE COVENANT AND AGREEMENT {Conv/FHA/V A) January 2017 PAGE 3 of 7 Page 4 of 7 shall be rcimbursed 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 retarm, Owner will deliver a Special Warranty Deed conveying the Property and Improvements to Builder, free and clear of all liens and clays and deliver possession of the Improvements and Property to Builder free of any casualty or damage caused Owner, normal wear and tear excepted, This right of election shall survive the completion of the Contracybety MANUFACTURED PRODUCTS AND EXPRESSLY DISCLAIMS 2 MERCHANTABILITY, FITNESS OF USE FOR A PARTICULA any construction project can experience a problem with molds and > procedures are not implemented. Such maintenance is a respopsibij a.
b. help reduce mold levels. Mild bleach soJutions and most tile g of preventing mold growth.
ing the air conditioning to remove excess moisture in the air. Promptly pills, condensation, and other sources of moisture. Promptly replace any
entilate kitchens and bathrooms by opening the windows, ing the air conditioning to remove excess moisture in the air. Promptly pills, condensation, and other sources of moisture. Promptly replace any ertéaks on a regular basis. Look for discolorations or wet spots. Repair any leaks . Inspect condensation pans (refrigerators and air conditioners) for mold growth. Take Yiould 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.
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 / wo Buyer tal- and Seller Zz RESTRICTIVE COVENANT AND AGREEMENT (ConwiFHA/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 of implied, in regard to any mold or other biological impurities.
9, Ovmer shall secure and maintain insurance covering risk of loss and damage to the Improvements.
parties hereby agree to waive all subrogation rights that each may have against the other for such insured J6 damage to the Improvements, its contents, or the Property, including any such loss or damage arisingaf negligence or other fault of either party, If Owner receives any consideration from a third party, inch
to the Improvements, its contents, or the Property, including any such loss or damage arisingaf negligence or other fault of either party, If Owner receives any consideration from a third party, inch limited to, an assignee or subrogee, in settlement or payment for any dispute, Owner shall indemnify claims asserted against Builder by such third party, regardless of any allegation of Builder’s an approved grading and drainage plan. Any future construction on the Pippaf yher tinetiding pools, spas, fences, landscaping, etc.) can disrupt the drainage and cause flooding, excesgive ht ahd other problems. Any changes afier conveyance of the Property from Builder to Owner in grade ori itidns And any damages or loss resulting therefrom shall be Owner's sole responsibility and oy e Builder, its agents and records of the County in which the Property is located. 12, Ovwmer and Builder further stipulate tha’ approved and accepted by Owner ap Builder from all claims and liaby Agreement shall be binding officers, directors, sharepofd Niatives, Successors and assigns.
[SIGNATURE PAGE TO FOLLOW] RESTRICTIVE COVENANT AND AGREEMENT (Conv/FHA/VA} January 2017 PAGE 5 of 7 Page 6 of 7 Buth Robert Reikaeda Owner; Keith Robert Richardson Dorma Kay Richandsa Owner; Donna Kay Richardson Address: 7205 Hampton Ct.
North Richland Hills, TX 79180 Sand BUILDER: SandlinHome Sandlin Homes By: Printed Name Its: authorized rep Address: 5137 Davis Blvd., North Richland Hills, TX 76180 Unofficial Copy Initialed for identification by Buyer 112 RESTRICTIVE COVENANT AND AGREEMENT January 2017 Buyer DIUR and Seller (Conv/FHA/VA) PAGE 6 of 7 Page 7 of 7 STATE OF TEXAS COUNTY OF Dallus § § ৩০
ficial Copy Initialed for identification by Buyer 112 RESTRICTIVE COVENANT AND AGREEMENT January 2017 Buyer DIUR and Seller (Conv/FHA/VA) PAGE 6 of 7 Page 7 of 7 STATE OF TEXAS COUNTY OF Dallus § § ৩০ This, instrument was acknowledged before me on the 21 day of L instrumen was acknowledged be Keith Richardser.
(Owner).
Hupust Personalized Notary Seal STATE OF TEXAS COUNTY OF Dallas This i onna NOTARY PUSLIC TRACIE BEESON ID #1233831-1 WITATE OF TEXA Notary Public, State of Texas § My Commission Expires 05/16/2021 Notary Public, State of Texas 20 20 Copy bis instrument was Was acknowledged before me on the 27 day of Hunt (Owner).
2020 by Personalized Notary Seal THE STATE OF TEXAS NOTARY RY PUBLIC TRACIE BEESON Notary Public, State of Texas ID #1233831-1 TOF TEXNotary Public, State of Texes •STASO § My Commission Expres 05/16/202 This instrument was acknowledged before me on the 21st day of of COUNTY OF TARRANT by Scott Sandlin Sandlin Homes, on behalf of said entity CYNTHIA S. WALLACE RY PUSE Notary Public, State of Texas Comm. Expires 07-25-2022 Notary ID 131655788 on the 21st day of August 2020/ Scott Sandlin Homes Cmith. Wallac Noury Public, State of Texas d/b/a Personalized Notary Seal AFTER RECORDING, RETURN TO: $137 Davis Blvd.
North Richland Hills, TX 76180 d/b/a Sandlin Homes Initialed for identification by Buyer RESTRICTIVE COVENANT AND AGREEMENT January 2017 Buyer DVR and Seller (Conv/FHA/VA) PAGE 7 of 7