Page 1 of 7 D220221959 9/3/2020 10:54 AM PGS 7 Fee: $43.00 Submitter: ET INVESTMENTS Mary Louise Nicholson Trinity Tite! [2/090 pew RESTRICTIVE COVENANT AND AGREEMENT (Conventional or FHA/VA Contract of Sale) TRINITY/TB/31090dfw by HOB AnA Siia Oacka ne Davis Blvd., North Richland Hills, TX 76180 (“Builder”).
RECITALS: situated at “Property”), and more panscbty SEATS as follows: LEGAL DESCRIPTION: Lot 1R, Block 2, Cambridge Place, an addition to the City th Richland Hills, Tarrant County Texas, according to the replat thereof recorded in Document Nev 04, Plat Records, Tarrant County, Texas.
WHEREAS, Owner purchased the Prongpy and Ja ents (hereinafter defined) from Builder; and WHEREAS, the undersigned ackno peaceable resolution of disputes through altey isthe policy of the State of Texas to encourage the besolution procedures; and bfough or under Builder relating to the construction of all improvements in luding but not limited to any implied warranty of good and workmanlike for Ten Dollars and other good and valuable consideration, the receipt and S\hereby acknowledged, the undersigned hereby acknowledge, agree, and stipulate the wicluding, but not limited to, (a) any and all controversies, disputes or claims arising under, or p any contract and any amendments thereto between Builder and Owner, the Property or Improvements, or any dealings between the Owner and Builder; (b) any controversy, dispute or claim arising by virtue of any representations, omissions, promises or warranties alleged to have been made by Builder or
or any dealings between the Owner and Builder; (b) any controversy, dispute or claim arising by virtue of 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 thase that would have been incurred in filing suit in a court of law and effecting service of process.
RESTRICTIVE COVENANT AND AGREEMENT (Ci AIVA) 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 warranty documents, If there is any conflict between this Agreement and such procedures, this Agreement shall control. Furthermore, if the mediator and/or arbitrator designated any 2 warranty documents cannot conduct the mediation or arbitration for any reason, or adi and/or
h procedures, this Agreement shall control. Furthermore, if the mediator and/or arbitrator designated any 2 warranty documents cannot conduct the mediation or arbitration for any reason, or adi and/or arbitrator is designated, the parties agree to work together in good faith to select’¥ the extent practicable), If the parties are unable to agree on the appointment of then the mediation or arbitration, or both shall be conducted by the Améri€an Mrbithation Association (“AAA”) in accordance with its applicable rules and procedures pyevide j er/ iff theré is any conflict either party may petition a court of general jurisdiction in the to appoint a mediator or arbitrator, or both. It is stipulated and agreed that # requesting appointment of a mediator or arbitrator shall not constitute a waiver of ¢ binding arbitration.
any reason, the AAA is unable or unwilling to conduct the medi In any arbitration proceeding between the parfie a. All applicable Federal and State 1g shali apply; b. ‘All applicable claims, causes q court shall apply; ¢. The proceeding shall be ensure the neutral elits . The parties shaiie4 e. The arbitratd s Property Code (§27.001(4)), then the arbitration shall be conducted in the county the Property is located.
Builder agree that notwithstanding anything to the contrary, the rights and obligations s Agreement shall survive the closing of the sale of the Property and/or Improvements from finer. The waiver or invalidity of any portion of this Agreement shall not affect the validity or ability of the remaining portions of this Agreement. Owner and Builder further agree (1) that any Dispute involving Builder’s directors, officers, employees and agents shall be resolved as set forth herein and
f the remaining portions of this Agreement. Owner and Builder further agree (1) that any Dispute involving Builder’s directors, officers, employees and agents shall be resolved as set forth herein and 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 procceding 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, Tnitialed for identification by pay CAM, Buyer and Seller A RESTRICTIVE COVENANT AND AGREEMENT (Cc 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®! TION AGREEMENT ARE NOT ENFORCEABLE, THE PARTIES STIPULATE AND AGREE. THAT SNK AND ALL DISPUTES BETWEEN THEM SHALL BE RESOLVED BY A COUR . KENT JURISDICTION IN THE COUNTY WHERE THE PROPERTY IS LOCATED WIJT gh OF A JURY AND THE RIGHT TO A TRIAL BY JURY IS HEREBY EXPRESSLY WA R AND
ND ALL DISPUTES BETWEEN THEM SHALL BE RESOLVED BY A COUR . KENT JURISDICTION IN THE COUNTY WHERE THE PROPERTY IS LOCATED WIJT gh OF A JURY AND THE RIGHT TO A TRIAL BY JURY IS HEREBY EXPRESSLY WA R AND BUILDER. THE PARTIES FURTHER AGREE THAT THE RIGHTS AND N SET FORTH IN THIS PARAGRAPH SHALL SURVIVE (1) THE TERMINATION 6 AGREEMENT BY EITHER PARTY; (2) THE DEFAULT OF THIS AGREEMEN' Ps OR (3) ANY CLOSING AND DELIVERY OF DEED.
3. OWNER AND BUILDER ACKNOWLEDGE THA' ENTIAL CONSTRUCTION LIABILITY ACT (“RCLA”) APPLIES TO CONSTRUCT ANY DISPUTES OR CLAIMS BUILDER UNDERSTAND THAT THE RCLA CONTAIN QVISIONS TO EXPEDITE THE RESOLUTION OF CLAIMS. OWNER AND BUILDER ALSO AC y BUILDER IN THE MANNER REQUIRED BY Tk THE RCLA CONTROLS TO THE EXTENT, A ICT BETWEEN THE RCLA AND ANY OTHER AGREEMENT, ACKNOWLEDGES THAT HE/SHE/THEY S THE PROVISIONS CONTAINED HEREIN.
ONLY WARRANTY OR WARRANTIES GIVEN BY BUILDER TO OWNER YY OR IMPROVEMENTS ARE DESCRIBED IN THE EXPRESS WARRANTY CSURE HOME WARRANTY (THE “LIMITED WARRANTY”) A SPECIMAN ABLE LAW, OWNER IS WAIVING ANY CLAIM OR CAUSE OF ACTION UNDER ANY IMPLIED WARRANTY OF GOOD AND WORKMANLIKE CONSTRUCTION AND ANY PLIED WARRANTY IS EXPRESSLY REPLACED BY THE TERMS OF THE LIMITED RANTY INCORPORATED BY REFERENCE INTO THE CONTRACT BETWEEN OWNER AND BUILDER. OWNER ACKNOWLEDGES THAT THE TERMS OF SUCH LIMITED WARRANTY ARE 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
t 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 Initialed for identification by Buyer AA Buyer and Seller LE?
RESTRICTIVE COVENANT AND AGREEMENT (Con: 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 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 lieng’g and deliver possession of the Improvements and Property to Builder free of any casualty or damage daused by Owner, normal wear and tear excepted. This right of election shall survive the completion of the Cos atract petween Owner and Builder and the delivery of the deed to the Property from Builder to Owner, andushi Binding on Owner’s successors and assigns.
“Manufactured Products” incorporated into the Improvements. As used herein, the“term “Whanuf’ fared Products”
to the Property from Builder to Owner, andushi Binding on Owner’s successors and assigns.
“Manufactured Products” incorporated into the Improvements. As used herein, the“term “Whanuf’ fared Products” has the definition set forth in StrucSure Home Warranty. Owner hereby agrees, and stipulates that MANUFACTURED PRODUCTS AND EXPRESSLY DISCL. FRLIED WARRANTIES OF OSE, AND ANY OTHER that the Property and Improvements are free of harmful molds and other undesirable organisms; however, evén utijzing modern materials, techniques and designs, any construction project can experience a problem with m6ld er biological impurities if proper maintenance procedures are not implemented. Such mainte: esr to reduce or eliminate the occurrence of mold inftig ¢,ahd thereby minimize any possible adverse effects eck for signs of mold. Potted plants (roots and soil), ‘dding material, as well as many other household goods, could up-arid dry spills, condensation, and other sources of moisture. Promptly replace any s that cannot be thoroughly dried, such as drywall or insulation.
ect for leaks on a regular basis. Look for discolorations or wet spots. Repair any leaks promptly. Inspect condensation pans (refrigerators and air conditioners) for mold growth. Take notice of musty odors, and any visible signs of mold.
é. 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, 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
ld 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 PRADA Buyer and Seller we RESTRICTIVE COVENANT AND AGREEMENT (Conw A) 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, cither 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 Improventents. The parties hereby agree to waive all subrogation rights that each may have against the other for such/ineurdd losses or y Owner (including pools, spas, fences, landscaping, etc.) can disrupt the drainage and cause flooding, \excessive gettfement and other problems. Any changes after conveyance of the Property from Builder to Oywer in grade énditions and any damages or loss ibi Owner héréby releases Builder, its agents and employees, from any and all liability and/or damages which as a result of such changes.
11. Owner and Builder agree that this Agret led of record in the appropriate real property ement SHALL RUN WITH THE LAND.
yner has accepted the Property and Improvements and hereby releases ing to the Property or Improvements except for Builder’s obligations described above.
14. Owner g ier ‘agr@e, acknowledge and stipulate that, except as otherwise provided herein, this
hereby releases ing to the Property or Improvements except for Builder’s obligations described above.
14. Owner g ier ‘agr@e, acknowledge and stipulate that, except as otherwise provided herein, this Agreement shall be Hi and inure to the benefit of the parties hereto and their respective heirs, executors, officers, directo; areltalders/representatives, successors and assigns, [SIGNATURE PAGE TO FOLLOW] 2?
Initialed for identification by Buyer Ca Buyer and Seller Z RESTRICTIVE COVENANT AND AGREEMENT (Cot A/VA) January 2017 PAGE 5 of 7 Initialcd for identification by Buys RESTRICTIVE COVENANT AND AGREEMENT January 2017 Page 6 of 7 qS_) ne aah Owner; B d McKinzie Ownef? Silvia McKinzie Address: (YO Printed(Naatt: Its: authorized rap Adi 7 Davis Blvd., North Richland Hills, TX 76180 Buyer dy and Seller FG (Conv: VA) PAGE 6 of 7 Page 7 of 7 STATE OF TEXAS COUNTY OF Dallas § Braheged t This instrument was acknowledged before me on the 28 day of Personalized Notary Sea STATE OF TEXAS COUNTY OF SOTARY PUB STATE OF TEXA Dallm This instrument was Silvi Methicinent TRACIE BEESON ID #1233831-1 Notary Public, State of Texas My Commission Expires 05/16/2021 § § acknowledged before me on the (Owner).
August Notary Public, State of Texas 20 20 by 28 day of 20 20 by (Owner).
STARY PUBLI TRACIE BEESON ID #1233831-1 TE OF TEX Personalized Notary Seal Notary Public, State of Texas My Commission 05/16/2021 Notary Public, State of Texas THE STATE OF TEXAS § COUNTY OF TARRANT This instrument was by Scott Sandliny y Authorized rep of Sandlin Homes, on behalf of of said entity CYNTHIA S. WALLACE ...........
Personalized Notary Seal CARY PUR STATE OF TE of Aument owledged before me on the 28th day of 2020 J.B. Sandlin Real Estate d/b/a Cut & Wallan C Notary Public, State of Texas
IA S. WALLACE ...........
Personalized Notary Seal CARY PUR STATE OF TE of Aument owledged before me on the 28th day of 2020 J.B. Sandlin Real Estate d/b/a Cut & Wallan C Notary Public, State of Texas Notary Public, State of Texas Comm. Expires 07-25-2022 Notary ID 131655788 AFTER RECORDING, RETURN TO: JB Sandl in Real Estate, Inc. d/b/a Sandlin Homes 5137 Davis Blvd.
North Richland Hills, TX 76180 Initialed for identification by Buyer BAM Buyer RESTRICTIVE COVENANT AND AGREEMENT January 2017 and Seller (Co/FHA/VA) PAGE 7 of 7