Page 1 of 7 D220206930 8/20/2020 4:54 PM PGS 7 Fee: $43.00 Submitter: ET INVESTMENTS Electronically Recorded by Tarrant County Clerk in Official Public Records Meas NihoLess Mary Louise Nicholson Trinity Title/ T3220 54 DFW RESTRICTIVE COVENANT AND AGREEMENT (Conventional or FHA/VA Contract of Sale) TRINITY/TB/28684dfw This Restrictive Covenant and Agreement (“Agreement”) is made this 4 day of A Ua % +, 20 2D ; by Jon Wigan Decker, I and ae J ————— of LG OWS (ie s6e aa Loy Bore OCW had Aes hd [address] (collectively, “Owner’) and Lied Yom Wie d/b/a Sandlin Homes of 5137 Davis Blvd., North Richland Hills, TX 76180 (“Builder”).
RECITALS: WHEREAS, Owner is the current owner of the following described property situated eK cx AYN (the “Proper and more particularly described as follows: LEGAL DESCRIPTION: WHEREAS, Owner acknowledges that Builder has provide’ Improvements; and WIIEREAS, to the fullest extent permitted by release any implied warruntics given by, through or un the Property (the “Improvements”) including but not li construction and further stipulates that this Agreement NOW, THEREFORE, for T sufficiency of which is hereby acl following: Acowand valuable consideration, the receipt and ed hereby acknowledge, agree, and stipulate the 1. The parties speg commerce and that any dis] he “Dispute”), including, but nq g any and all controversies, disputes or claims arising under, or by virtue of any repr¢seyftatioy istOns, promises or warranties alleged to have been made by Builder ur Builder’s representa e! any personal injury or property damage alleged to have been sustained by Owner on the P n subdivision in which the Property is located, shall first be submitted to aid, aii Yettled-Auring mediation, shall thereafter be submitted to binding arbitration as
been sustained by Owner on the P n subdivision in which the Property is located, shall first be submitted to aid, aii Yettled-Auring mediation, shall thereafter be submitted to binding arbitration as Arbitration Act (9 U.S.C. §§ 1 et seq.) or, if applicable, by similar state statute, and . All decisions respecting the arbitrability of any Dispute shall be decided by the Been incurred in filing suit in a court of Jaw and effecting service of process.
jdéntification by Buyer_ SYLUL oF ow eNO Buyer and Seller A R COVENANT AND AGREEMENT (Conv/TH.
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 and, if necessary, the arbitration shall be conducted pursuant te 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 contro}. 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 and/or arbitrator is designated, the parties agree to work together in good faith to select a mediator and, if all Disputes are not resolved by mediation, au arbitrator in the county where the subject property is located (to the extent practicable). If the parties are unable to agree on the appointment of a mediator and/or arbitrator,
lved by mediation, au arbitrator in the county where the subject property is located (to the extent practicable). If the parties are unable to agree on the appointment of a mediator and/or arbitrator, then the mediation or arbitration, or both shail be conducted by the American Arbitration Association (“AAA”) in accordance with its applicable rules and procedures provided, however, if there is any conflj between this Agreement and such rules or procedures, the provisions of this Agreement shall control.
any reason, the AAA is unable or unwilling to conduct the mediation or the binding arbitration, or Goth either party may petition a court of general jurisdiction in the subject county to appoint a mediata arbitrator, or both. I¢ is stipulated and agreed that the filing of a petition requesting appoy shall apply; b. All applicable claims, causes of action, remedies and defense court shall apply; ensure the neutrality of the arbitrator; d. The parties shall be entitled to conduct reasonable ant e. The arbitrator shall render a written award andr award; f. The Owner shall not be required to and the arbitrator shall have the ahs manner in the arbitration award; and edi aand binding and judgment upon any ‘isdiction; and set forth in this Agreement § Builder to Owner. The waiv, fg of the sale of the Property and/or Improvements from any portion of this Agreement shall not affect the validity or is Agreement. Owner and Builder further agree (1) that any ers, employees and agents shall be resolved as set forth herein and parties in the mediatign ay rhitration.
Nef any other claim, dispute or controversy, and the court shall, upon motion of any eding, direct that such controversy, dispute or claim be arbitrated in accordance herewith.
igfatification by Buyer, Buyer Oia and Sellcr
ispute or controversy, and the court shall, upon motion of any eding, direct that such controversy, dispute or claim be arbitrated in accordance herewith.
igfatification by Buyer, Buyer Oia and Sellcr onv/FIDA/Y A) ‘SR 'E COVENANT AND AGREEMENT (Ci January 2017 PAGE 2 of 7 Page 3 of 7 The requirement that the partics 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 siguature 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 ou the page where arbitration is made part of the agreement.
2. WAIVER OF TRIAL BY JURY: IN THE EVENT THAT IT 1S 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 COMPETENT JURISDICTION IN THE COUNTY WHERE THE PROPERTY IS LOCATED WITHOUT THE USE OF A JURY AND THE RIGHT TO A TRIAL BY JURY IS HEREBY EXPRESSLY WAIVED BY OWNER AND BUILDER. THE PARTIES FURTHER AGREE THAT THE RIGHTS AND OBLIGATIONS SET FORTH IN THIS PARAGRAPH SHALL SURVIVE (1) THE TERMINATION OF THIS AGREEMENT BY EITHER PARTY; (2) THE DEFAULT OF THIS AGREEMENT BY EITHER PARTY; OR (3) 4 CLOSING AND DELIVERY OF DEED.
3. OWNER AND BUILDER ACKNOWLEDGE THAT THE RESIDENTIAL CONSTRU LIABILITY ACT (“RCLA”) APPLIES TO CONSTRUCTION DEFECTS AND ANY DISPUTES AR REGARDING CONSTRUCTION DEFECTS IN CONNECTION WITH THE IMPROVEMENTS, BUILDER UNDERSTAND THAT THE RCLA CONTAINS PROVISIONS TO EXPEDU OF CLAIMS. OWNER AND BUILDER ALSO ACKNOWLEDGE AND AGREF WARRANTY PERFORMANCE SHALL NOT BE CONSTRUED As A NOTICE GF
WITH THE IMPROVEMENTS, BUILDER UNDERSTAND THAT THE RCLA CONTAINS PROVISIONS TO EXPEDU OF CLAIMS. OWNER AND BUILDER ALSO ACKNOWLEDGE AND AGREF WARRANTY PERFORMANCE SHALL NOT BE CONSTRUED As A NOTICE GF LAW, INCLUDING THE DECEPTIVE TRADE PRACTICES SUBCHAPTER E, CHAPTER 17, TEXAS BUSINESS & COMME: BY THE RCLA AND THE DTPA.
4. OWNER, BY SIGNING THIS Bee HAS/HAVE REVIEWED AND UNDERSTANDS KS b ye ED HEREIN.
de AS SPECIFICALLY SET FORTH fs GIVEN BY BUILDER TO OWNER RELATING TO THE PROPERTY OR IMPROV! & ARK CRIBED IN THE EXPRESS WARRANTY THE AGREEMENT BETWEE DK ER, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Qo ae : 'Y CLAIM OR CAUSE OF ACYION UNDER ANY SUCH IMPLIED WARRAW $ WARRANTY [NCORPORA PRENCE INTO THE CONTRACT BETWEEN OWNER AND A TIAT THE TERMS OF SUCH LIMITED WARRANTY ARE LY DETAILED TO ESTABLISH THE ONLY STANDARDS OF IS OBLIGATED TO MEET.
CLEAR, SPECIFIC CONSTRUCTION stefrve (5) years of this agreement, should Owner discover one or more defects in the ements and the reasonable cost to repair such construction defcct(s) in or related to the bé responsibility of Builder exceeds 30% of the then current fair market valuc of the Yciermined without reference to the construction defect(s), Builder may elect to repurchase the e with Section 27.0042 the Texas Property Code. If the Builder elects this option, the Owner igéntitication by Buyer SOS Buyer and Seller BD PRIG E COVENANT AND AGREEMENT (Conv/FHR/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 defcct(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 Owner and Builder and the delivery of the deed to the Property from Builder to Owner, and shall be binding on Owner's successors and assigns.
7. Builder hereby transfers to Owner all rights, interests and title to all express or implied warrantics on “Manufactured Products” incorporated into the Improvements. As used herein, the term “Manufactured Products” has the definition set forth in StrucSure Home Warranty. Owner hereby agrees, acknowledges and stipulates that Builder makes NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING 8U MANUFACTURED PRODUCTS AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, MERCHANTABILITY, FITNESS OF USE FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES TO THE FULLEST EXTENT PERMITTED BY STATE OR FEDERAL LAW.
a.
a, + furnishings, or stored clothing and bedding material, a&yelNgs many other household goods, could already contain mold growth. Once mold is brought int ge, its spores can spread to other areas of the home.
b. Regular vacuuming and cleaning will
material, a&yelNgs many other household goods, could already contain mold growth. Once mold is brought int ge, its spores can spread to other areas of the home.
b. Regular vacuuming and cleaning will cleaners are effective in eliminating or c. Keep the humidity in the home fo S using exhaust fans, or running thg remove excess moisturc in the air. Promptly sources of moisture. Promptly replace any as drywall or insulation.
d. ook for discolorations or wel spots. Repair any Jeaks (refrigerators and air conditioners) for mold growth. Take w“filiers that may assist in effective air filtration and dehumidifiers to maintain evels are available at additional cost from numerous vendors.
; géhtification by Buys Buy and Seller PRIGATVE COVENANT AND AGREEMENT (Conv/AHAIVA) 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 cach 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 from the negligence or other fault of either party. If Owner receives any consideration from a third party, including, but not limited to, an assignee or subrogee, in settlement or payment for any dispute, Owner shall indemnify Buifder for any claims asserted against Builder by such third party, regardless of any allegation of Builder's negligence, strict
rogee, in settlement or payment for any dispute, Owner shall indemnify Buifder for any claims asserted against Builder by such third party, regardless of any allegation of Builder's negligence, strict liability, breach of contract, breach of warranty or violations of the Texas Deceptive Trade Practices-Consumer Protection Act.
10. Owner understands that the Property has been or will be graded by Builder to drain in accordance an approved grading and drainage plan. Any future construction on the Property by Owner (including pools fences, landscaping, etc.) can disrupt the drainage and cause flooding, excessive settlement and other problems. ‘4 changes after conveyance of the Property from Builder to Owner in grade or soil conditions and any dgfna ee therefrom shall be Owner’ s sole responsibility and Owner hereby peloases Builder, ity 11. Owner and Builder agree that this Agreement shall be filed of reco records of the County in which the Property is located.
13. By execution of this Agreement, (i) Owner acknowledges tha in accordance with the contract between Owner and Builder or that am approved and accepted by Owner and (ii) Owner has accepted the Prope Builder from all claims and liabilities relating to the Property g arising under the express Limited Warranty described 14, Owner and Builder ugree, acknowledge and 8 oo shall be ca upon and i inure to the bop efi géntificalion by payee OS ! sage Vi a Seller G "E COVENANT AND AGREEMENT (Conv/FHA/VA) PAGE 5 of 7 January 2017 Page 6 of 7 Owner; John William Decker, Jr.
Aluprato Decke Owner; Aleysha Jo Deaker Address: 10068 Wessex st.
North Richland Hills, TX 76180 BUILDER: TUS Homes, Inc.
Sandlin Homes By: Printed Name: Its: authorized rep d/b/a Cott SANDLIN Address: 5137 Davis Blvd., North Richland Hills, TX 76180
0068 Wessex st.
North Richland Hills, TX 76180 BUILDER: TUS Homes, Inc.
Sandlin Homes By: Printed Name: Its: authorized rep d/b/a Cott SANDLIN Address: 5137 Davis Blvd., North Richland Hills, TX 76180 Unofficial Copy Yason Buyer!
Initialed for identificatio identification by Buyer RESTRICTIVE COVENANT AND AGREEMENT January 2017 and Seller (Conv/PNA/VA) PAGE 6 of 7 Page 7 of 7 STATE OF TEXAS COUNTY OF Dallas 8 § This instrument was acknowledged before me on the John Willian Decker, Ir Personalized Notary Scal STATE OF TEXAS ON' WATE OF Dalus COUNTY OF TRACIE BEESON ID#1233831-1 22 Notary Public. State of Texas My Commission Expires 05/16/2021 14 day of Ay 2020 by (Owner).
Notary Public, State of Texas This instrument was acknowledged before me on the A leysho Decer NO TRACIE BEESON ID #1233831-1 14 day of Au (Owner).
ARY PUBLI Notary Public. Stute of Texas KAS My Commission Expires 05/16/2021 Notary Public, State of Texas Personalized Notary Seal STATE OF Tex THE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the by Scott Sandlin, Anthonzed Rep Sandlin Homes, on behalf of said entity of August, 2020/9 d/b/a Chi. Wallace CHIN Personalized Notary Seal d/b/a Sandlin Homes AFTER RECORDING, RETURN TO: 5137 Davis Blvd.
North Richland Hills, 1X 16180 Notary Public, State of Texas JUPOR Initialed for identification by Buyer RESTRICTIVE COVENANT AND AGREEMENT Buyer and Seller (Conv/FHA/VA) January 2017 PAGE 7 of 7