Page 1 of 7 D220108963 5/13/2020 3:21 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/31637DFW !
This Restrictive Covenant and Agreement (“Agreement”) is made this day of May, 2020, by Zocy Rou Nitschke and Michael Q. Nguyen of 6048 Wessex St. , North Richland Hills, Texas 76180 [address] (collectively, “Owner”) and TLS Homes, Ltd. 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 North Richland Hills, Texas 76180 the “Property”), and more particularly described as follows: Richland Hills, Tarrant County, Texas, according to the plat thereof recorded in Document No. D217220808, Pa WHEREAS, the undersigned acknowledge that it is peaceable resolution of disputes through alternative dispute rg WHEREAS, to the fullest extent perpiitted By applica release any implied warranties given uM hro Ack BYilder relating to the construction of all improvements in the Property (the “Improvements7 ti fmited to any implied warranty of good and workmanlike b LL RUN WITH THE LAND.
NOW, THEREFOR sufficiency of which is her€ following: lafs and other good and valuable consideration, the receipt and eed, the undersigned hereby acknowledge, agree, and stipulate the ‘ ally agree that they have entered into a transaction that involves interstate y puyfe (whether arising in contract, warranty, tort, statutory or otherwise) (the Fut1t61 limited to, (a) any and all controversies, disputes or claims arising under, or
tion that involves interstate y puyfe (whether arising in contract, warranty, tort, statutory or otherwise) (the Fut1t61 limited to, (a) any and all controversies, disputes or claims arising under, or met and any amendments thereto between Builder and Owner, the Property or dealings between the Owner and Builder; (b) any controversy, dispute or claim arising resentations, omissions, promises or warranties alleged to have been made by Builder or eselitative; and (c) any personal injury or property damage alleged to have been sustained by Property or in the subdivision in which the Property is located, shall first be submitted to mediattoh afd, if not settled during mediation, shall thereafter be submitted to binding arbitration as provitted’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.
Notwithstanding anything herein to the contrary, BUYER AND SELLER WAIVE THE REMEDIES OF Initialed for identification by Buyer B Buyer A and Seller f | RESTRICTIVE COVENANT AND AGREEMENT (Conv/FHA/V A) January 2017 PAGE 1 of 7 “Dispute”), j Al Page 2 of 7 SPECUIFIC 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
ITED 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 apd/or arbitrator is designated, the parties agree to work together in good faith to select a mediator ands, if Disputes are not resolved by mediation, an arbitrator in the county where the subject property is Jacaté the extent practicable). If the parties are unable to agree on the appointment of a mediator and/ofarbi then the mediation or arbitration, or both shall be conducted by the American Arbitrasion “Ass (“AAA”) in accordance with its applicable rules and procedures provided, however, if therg between this Agreement and such rules or procedures, the provisions of this Agreement sh any reason, the AAA is unable or unwilling to conduct the mediation or the bindipg= either party may petition a court of general jurisdiction in the subject county, arbitrator, or both. It is stipulated and agreed that the filing of a pe! d ent of a In any arbitration proceeding between the parties: a, All applicable Federal and State law (including Clg shall apply; b. All applicable claims, causes of action, rametiie court shall apply; ec. The proceeding shall be conducted by ensure the neutrality of the arbjtrator, d. The parties shall be entitled ikon
l apply; b. All applicable claims, causes of action, rametiie court shall apply; ec. The proceeding shall be conducted by ensure the neutrality of the arbjtrator, d. The parties shall be entitled ikon e. The arbitrator shall render a award; The Owner shall not be reg proeceding shall be final and binding and judgment upon any 4 any court having jurisdiction; and 6 construction defect, as that term is defined in Chapter 27 of gree that notwithstanding anything to the contrary, the rights and obligations ‘SpAll survive the closing of the sale of the Property and/or Improvements from niver or invalidity of any portion of this Agreement shall not affect the validity or maining portions of this Agreement. Owner and Builder further agree (1) that any fer’s directors, officers, employees and agents shall be resolved as set forth herein and ; and (2) that Builder shall have the option to include its subcontractors and suppliers as Owner or Builder file a procecding 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
ent 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 A IN THIS PARAGRAPH SHALL SURVIVE (1) THE TERMINATION OF THIS 4 EITHER PARTY; (2) THE DEFAULT OF THIS AGREEMENT BY EITHER PAR CLOSING AND DELIVERY OF DEED.
LAW, INCLUDING THE DECEPTIVE TR SUBCHAPTER E, CHAPTER 17, TEXAS BU: BY THE RCLA AND THE DTPA.
4. OWNER, BY SIGNING TI HAS/HAVE REVIEWED AND UNRERST 5. Owner hereby agye§s, ‘wthy stipulates that EXCEPT AS SPECIFICALLY SET FORTH TN THIS AGREEMENT, TY OR WARRANTIES GIVEN BY BUILDER TO OWNER RELATING TO THE PRO!
PROVIDED THROUGH S$ PB ME WARRANTY (THE “LIMITED WARRANTY”) A SPECIMAN COPY OF WHICH HA}-BE RONIDED TO OWNER BY BUILDER AND OWNER HEREBY EXPRESSLY ACKNOWLEDGES A } . OWNER AGREES AND UNDERSTANDS THAT, PURSUANT TO THE AGREEMENT \BE WARRANTY OF GOOD AND WORKMANLIKE CONSTRUCTION AND ANY RRANTY IS EXPRESSLY REPLACED BY THE TERMS OF THE LIMITED ORPORATED BY REFERENCE INTO THE CONTRACT BETWEEN OWNER AND DER ACKNOWLEDGES THAT THE TERMS OF SUCH LIMITED WARRANTY ARE FION WHICH BUILDER JS OBLIGATED TO MEET.
During the first five (5) years of this agreement, should Owner discover one or more defects in the
ER ACKNOWLEDGES THAT THE TERMS OF SUCH LIMITED WARRANTY ARE FION WHICH BUILDER JS OBLIGATED TO MEET.
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 Initialed for identification by Buyer _ / Buyer AMA and Scller RESTRICTIVE COVENANT AND AGREEMENT (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 attomey’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 clection 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 bindipg Owner’s successors and assigns.
clection 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 bindipg Owner’s successors and assigns.
7. Builder hereby transfers to Owner all rights, interests and title to all express or implied Warrantfea “Manufactured Products” incorporated into the Improvements. As used herein, the term “Manufpciured-Qrou 8. Builder has exercised reasonable carc in assuring that thg harmful molds and other undesirable organisnis; however, even utilizing any construction project can experience a problem with molds and other big procedures are not implemented. Such maintenance is a responsftiity of O to reducc or eliminate the occurrence of mold growth in the honte that may be caused by mold. These steps include the following: a. Before bringing items into the sof mold. Potted plants (roots and soil), furnishings, or stored clothing a! q as well as many other household goods, could already contain mold growth. Ondé™ éht into the home, its spores can spread to other areas of the home.
on a regular basis. Look for discolorations or wet spots. Repair any leaks ect condensation pans (refrigerators and air conditioners) for mold growth. Take dof musty odors, and any visible signs of mold.
hould mold develop, thoroughly clean the affected area with a mild solution of bleach. First, test oXee 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 2 qualified 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.
es of 2 qualified 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.
Initialed for identification by Buycr Buyer _ 4 and Seller RESTRICTIVE COVENANT AND AGREEMENT (Conv/FHA/¥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, 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 {mprovements. The patties hereby agree to waive all subrogation rights that each 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 frogs, the negligence or other fault of either party. If Owner receives any consideration from a third party, including, hut'pot limited to, an assignee or subrogee, in settlement or payment for any dispute, Owner shall indemnify Build claims asserted against Builder by such third party, regardless of any allegation of Builder’s negligea liability, breach of contract, breach of warranty or violations of the Texas Deceptive Trade Py Protection Act.
10. Owner understands that the Property has been or will be graded by Builder je an approved grading and drainage plan. Any future construction on the Property by Q fences, landscaping, etc.) can disrupt the drainage and cause flooding, excessiye-sett}e changes after conveyance of the Property from Builder to Owner in grade g
ure construction on the Property by Q fences, landscaping, etc.) can disrupt the drainage and cause flooding, excessiye-sett}e changes after conveyance of the Property from Builder to Owner in grade g resulting therefrom shall be Owner’s sole responsibility and Owner employees, from any and all liability and/or damages which may arise as 2 dy damayes or loss efeby relgdSes “Builder, its agents and 11, Owner and Builder agree that this Agreement s records of the County in which the Property is located.
13. By execution of this Agreement, (i) in accordance with the contract between Owner ai approved and accepted by Owner and (ii) Owye Builder from all claims and liabilities relatisig arising under the express Limited de phat any discrepancies or differences have been e Property and Improvements and hereby releases y or Improvements except for Builder's obligations [SIGNATURE PAGE TO FOLLOW] RESTRICTIVE COVENANT AND AGREEMENT (Conv/FHA/VA) January 2017 PAGE 5 of 7 Page 6 of 7 ee = 4 OSne! : Zoey Rou Nitschke Owner : Michael Q. N' Address: 6048 Wessex Street North Richland Hills, Texas 76180 lis: authorized rep Address: 5137 Davi: =-Morth ills, TX 76180 RESTRICTIVE COVENANT AND AGREEMENT (Conw/FHA/VA) January 2017 PAGE 6 of 7 Page 7 of 7 STATE OF TEXAS COUNTY OF Dallas Nitschke Owner).
§ § This instrument was acknowledged before me on the TRACIE BEESON ID #1233831-1 Notary Public, State of Texas My Commission Expires 05/16/2021 TARY PUR WOATE OF TEX Personalized Notary Seal STATE OF TEXAS § § COUNTY OF Dallas § Nguyen (Owner).
8 Rou day of May, 2020 by Zoey Rae Notary Public, State of Texas This instrument was acknowledged before me on the ON
TEX Personalized Notary Seal STATE OF TEXAS § § COUNTY OF Dallas § Nguyen (Owner).
8 Rou day of May, 2020 by Zoey Rae Notary Public, State of Texas This instrument was acknowledged before me on the ON SARY PUBLIC TEXA ATE OF TE TRACIE BEESON ID #1233831-1 Notary Public, State of Texas My Commission Expires 05/16/2021 Personalized Notary Seal THE STATE OF TEXAS COUNTY OF TARRANT day of May, 2020 by Michael Q.
Notary Publie, State of Texas otary Ru This instrument was acknowledged before me on the By Terry Sandic prenant said OTARY PUB STAT EXAS E 8th day of May, 2020 of TLS Homes, Inc. d/b/a Sandlin Homes, on behalf of CYNTHIA S. WALLACE Notary Public State of Texas Comm. Expires 07-25-2022 Notary ID 131655788 Conthic& Wallace Notary Public, State of Texas Personalized Notary Seal AFTER RECORDING, RETURN TO: TLS Homes, Inc. d/b/a Sandlin Homes 5137 Davis Blvd.
North Richland Hills, TX 76180 Initialed for identification by Buyer RESTRICTIVE COVENANT AND AGREEMENT January 2017 Buyer and Seller (Conv/FILA/VA) PAGE 7 of 7