Page 1 of 7 D220036930 2/14/2020 4:03 PM PGS 7 Fee: $43.00 Submitter: ET INVESTMENTS Mary Louise Nicholson RESTRICTIVE COVENANT AND AGREEMENT (Conventional or FHA/VA Contract of Sale) TRINITY/TB/26572diw by Franklin & Gecason 4 CLL L. Hertson of }Lo Cusick ; “Owner”) and Davis Blvd., North Richland Hills, TX 76180 (“Builder”), address] (collectively, RECITALS: WHEREAS, Owner is the current owner (2H OCW i hk. WOCW Ki eUty and more particularly described as follows: of the following described prope LEGAL DESCRIPTION: Let 4, Block 10, Cambridge Estates, an addition to the City of North Richla! il County, Texas, according to the plat thereof recorded in Document No, D217220808, Plat RécordyLa County, Texas.
Improvements; and WHEREAS, to the fullest extent Telease any implied warranties given b: the Property (the “Improvements”) é construction and further stipulatestht A Sreer»te [ALL RUN WITH THE LAND.
law, Owner desires to and does hereby waive and der relating to the construction of all improvements in sufficiency of which is hereb{ acktawledged? the undersigned hereby acknowledge, agrec, and stipulate the following: commerce and tha spute fwhether arising in contract, warranty, tort, statutory or otherwise) (the Mmited to, (a) any and all controversies, disputes or claims arising under, or yerth 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
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.
iWA) Tnitialed for identification by #uyer, RESTRICTIVE COVENAN 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 provisions of this Agreement shall control. Furthermore, if the mediator and/or arbitrator designated in any applicable warranty documents cannot conduct the mediation or arbitration for any reason, or if no mediator ani arbitrator is designated, the parties agrec to work together in good faith to select a mediator and, i Disputes are not resolved by mediation, an arbitrator im the county where the subject property is logate the extent practicable). If the parties are unable to agree on the appointment of a mediator and/or, (hen the mediation or arbitration, or both shall be conducted by the American Arbitration (“AAA”) in accordance with its applicable rules and procedures provided, however, if theve Ts any reason, the AAA is unable or unwilling to conduct the mediation or the bindine
he American Arbitration (“AAA”) in accordance with its applicable rules and procedures provided, however, if theve Ts any reason, the AAA is unable or unwilling to conduct the mediation or the bindine either party may petition a court of general jurisdiction in the subject cou arbitrator, or both, It is stipulated and agreed that the filing of a petido In any arbitration proceeding between the parties: a. All applicable Federal and State law (including GShapter 27° e.Péxas Property Code) shall apply; b. All applicable claims, causes of action, remedies aud Oefenses that would be available in court shall apply; ensure the neutrality of the arbitr d. The parties shalt be entitled to condu: e. The arbitrator shall render a wyi award; f, The Owner shall not and the arbitrator evr invalidity of any portion of this Agreement shall not affect the validity or ining portions of this Agreement. Owner and Builder further agree (1) that any ep’s directors, officers, employees and agents shall be resolved as set forth herein and sand (2) that Builder shall have the option to include its subcontractors and suppliers as suc pShall not constitute a waiver of the ie 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 CZ meth and Seller A = ) RESTRICTIVE COVENANT AND AGREFI (ConwFHA/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
and Seller A = ) RESTRICTIVE COVENANT AND AGREFI (ConwFHA/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 RESOLUTION AGREEMENT ARE NOT ENFORCEABLE, THE PARTIES STIPULATE AND AGREE THAT ANY AND ALL DISPUTES BETWEEN THEM SHALL BE RESOLVED BY A COURT OF COMPET!
JURISDICTION IN THE COUNTY WHERE THE PROPERTY IS LOCATED WITHOUT THE US JURY AND THE RIGHT TO A TRIAL BY JURY IS HEREBY EXPRESSLY WAIVED BY OWNE CLOSING AND DELIVERY OF DEED.
3. OWNER AND BUILDER ACKNOWLEDGE THAT THE LIABILITY ACT (“RCLA”) APPLIES TO CONSTRUCTION DEFECTS A REGARDING CONSTRUCTION DEFECTS IN CONNECTION WITH THE WARRANTY PERFORMANCE SHALL NOT BE CONSTRUED 4 UNDER THE RCLA, AND THAT ANY NOTICE UNDER THE BUILDER IN THE MANNER REQUIRED BY THE RCLA, O} THE RCLA CONTROLS TO THE EXTENT OF ANY CONT!
LAW, INCLUDING THE DECEPTIVE TRAD} PRA SUBCHAPTER E, CHAPTER 17, TEXAS BUSING. CQ BY THE RCLA AND THE DTPA.
Ne THE ACKNOWLEDGE THAT a \COMSUMER PROTECTION ACT, E YODE (the “DTPA”), AS PROVIDED 4. OWNER, BY SIGNING THIS HAS/HAVE REVIEWED AND aes ACKNOWLEDGES THAT HE/SIIE/THEY INS CONTAINED HFREIN.
R WARRANTIES GIVEN BY BUILDER TO OWNER ENTS ARE DESCRIBED IN THE EXPRESS WARRANTY 'ARRANTY (THE “LIMITED WARRANTY”) A SPECIMAN OWNER AGREES AND UNDERSTANDS THAT, PURSUANT TO
THEY INS CONTAINED HFREIN.
R WARRANTIES GIVEN BY BUILDER TO OWNER ENTS ARE DESCRIBED IN THE EXPRESS WARRANTY 'ARRANTY (THE “LIMITED WARRANTY”) A SPECIMAN OWNER AGREES AND UNDERSTANDS THAT, PURSUANT TO AND BUILDER, AND TO THE FULLEST EXTENT PERMITTED k IS WAIVING ANY CLAIM OR CAUSE OF ACTION UNDER ANY ANTY OF GOOD AND WORKMANLIKE CONSTRUCTION AND ANY tA IS EXPRESSLY REPLACED BY THE TERMS OF THE LIMITED ATED BY REFERENCE INTO THE CONTRACT BETWEEN OWNER AND SCKNOWLEDGES THAT THE TERMS OF SUCH LIMITED WARRANTY ARE AND SUFFICIENTLY DETAILED TO ESTABLISH TIIE ONLY STANDARDS OF 1CH BUILDER IS OBLIGATED TO MEET.
THE AGREEMENT B BY APPLICABLE LA During the first five (5) years of this agreement, should Owner discover one or more defects in the const p6f 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 eJect to repurchase the Property in accordance with Secti 42 the Texas Property Code. If the Builder elects this option, the Owner Initialed for identification by Buy RESTRICTIVE COVENANT AND AGRE! T (Conv/FHA/VA) 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 Quwmer to discover, identify and present the construction defect(s) to the Builder. In return, Owner will deliver 2
ments, and reasonable and necessary attorney’s fees and inspection costs incurred by Quwmer to discover, identify and present the construction defect(s) to the Builder. In return, Owner will deliver 2 Special Warranty Deed conveying the Property and Improvements to Builder, free and clear of all liens and claims and deliver possession of the Lmprovements 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 binding on Ovwnet’s successors and assigns.
harmful molds and other undesirable organisms; however, even utilizing mode any construction project can experience a problem with molds and other biologicals i Owner, The@waef can take positive steps Mey minimize any possible adverse effects to reduce or eliminate the occurrence of mold growth in the home, and\g that may be caused by mold. These steps include the following: a. Before bringing items into the hor check furnishings, or stored clothing and me 4 already contain mold growth. Once md areas of the home.
npg ‘as many other household goods, could.
the home, its spores can spread to other wv. Ventilate kitchens and bathrooms by opening the windows, conditioning to remove excess moisture in the air. Promptly on regular basis. Look for discolorations or wet spots. Repair any leaks | condensation pans (refrigerators and air conditioners) for mold growth. Take gid develop, thoroughly clean the affected area with a mild solution of bleach. First, test » sec IMfhe affected material or surface is color safe. Porous materials, such as fabric, upholstery,
. Take gid develop, thoroughly clean the affected area with a mild solution of bleach. First, test » sec IMfhe affected material or surface is color safe. Porous materials, such as fabric, upholstery, barpet should be discarded. Should the mold growth be severe, call on the services of a qvlified professional.
Electronic air filters that may assist in effective air filtration and dehumidifiers to maintain humidity levels are available at additional cost from numerous vendors.
on Initialed for identification by Buy Va r and Seller 9 RESTRICTIVE COVENANT ANI NT (ConwFHA/VA) Jaruary 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 aguinst the other for such insured losses or damage to the Improvements, its contents, or the Property, including any such loss or damage arising from the negligence or other fault of either party. If Owner receives any consideration from a third party, including, butd limited to, an assignee or subrogee, in settlement or payment for any dispute, Owner shall indemmify Builder fera claims asserted against Builder by such third party, regardless of any allegation of Builder’s negligewte liability, breach of contract, breach of warranty or violations of the Texas Deceptive Trade Practicg Protection Act.
10. Owner understands that the Property has been or will be graded by Builder to drajh j
ity, breach of contract, breach of warranty or violations of the Texas Deceptive Trade Practicg Protection Act.
10. Owner understands that the Property has been or will be graded by Builder to drajh j 11. Owner and Builder agree that this Agreement shall be records of the County in which the Property is located.
e-efpropriatc real property WITH THE LAND.
ge Z at jie Improvements have been completed ths y discrepancies or differences have been ¢ Prefferty and Improvements and hereby releases improvements except tor Builder’s obligations in accordance with the contract between Owner and B6 approved and accepted by Owner and (ii) Owner haga enefit of the parties hereto and their respective heirs, executors, gSsors and assigns.
NATURE PAGE TO FOLLOW] Initialed for identification by Buy ayer ERE, and Seller AG RESTRICTIVE COVENANT AND. EMENT (Conv/FHA/VA) January 2017 PAGE 5 of 7 Page 6 of 7 Owner; Franklin E. Gertson Owner; Effie L. Gertson so Address: 7204 warwick Gt.
North Richland Hills, TX 76180 BUILDER: Speight constriction, Sandlin Homes By: Printed Name: Its: authorized rop Address: 5137 Davis 76180 Unofficial copy FEE Initialed for identification by Bayer RESTRICTIVE COVENANT AND AGREEMENT January 2017 Виуеr (Conv/FHA/VA) and Seller my PAGE 6 of 7 Page 7 of 7 STATE OF TEXAS § § county or DO\(GS 8 This instrument was acknowledged before me on the | LL day of 2 i , 20 20 by — Fron (Owner).
LINDSEY ODLE Notaty Public, State of Te: Personalized Notary Seal STATE OF TEXAS county or Vata This ome was acknowlcdged before me on the ( \ dg Effie con a> Personalized Notary Seal THE STATE OF TEXAS § § COUNTY OF TARRANT § This, instrument was acknowledge b , 29 Le Sandlin Homes, on beffalf of sid enti ~ (; A th . As =
e con a> Personalized Notary Seal THE STATE OF TEXAS § § COUNTY OF TARRANT § This, instrument was acknowledge b , 29 Le Sandlin Homes, on beffalf of sid enti ~ (; A th . As = Initialed for identification by sige : t ema ety and Seller { RESTRICTIVE COVENANT AND AGREEMENT (Conv/FHA/VA) January 2017 PAGE 7 of 7