D22028891111/05/2020 05:18 PM Page: 1 of 7 Submitter: Four Tier Software LLC Electronically Recorded by Tarrant County Clerk in Official Public Records aa Wher \ MARY LOUISE NICHOLSON COUNTY CLERK RESTRICTIVE COVENANT AND AGREEMENT (Conventional or FHA/VA Contract of Sale) TRINITY/TB/30550dfw This Restrictive Covenant and Agreement (“Agreement”) is made this Z day of Let , 20 wre : [address] (collégtively, d/b/a Sandlin Home: 5137 “Owner”) and Davis Blvd., North Richland Hills, TX 76180 (“Bui der”).
RECITALS: owner of _ the following WHEREAS, Owner is the current kX ott and more particularly described as follows: LEGAL DESCRIPTION: Lot 13, Block 11, Cambridge Estates, an addition to the City of North according to the plat thereof recorded in Document No. D2 WHEREAS, the undersigned ackno wie peaceable resolution of disputes through alternativ p WHEREAS, Owner acknowledges Improvements; and the Property (the “Improvement$ ing ‘gut not limited to any implied warranty of good and workmanlike construction and further stipulagts tha gseement SHALL RUN WITH THE LAND.
NOW, THER sufficiency of which ig following: gf Dollars and other good and valuable consideration, the receipt and knowledged, the undersigned hereby acknowledge, agree, and stipulate the 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
f 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 those that would have been incurred in filing suit in a court of law and effecting service of process.
Initiated for identification by Buyer B JS Byer BA and setter * 2 RESTRICTIVE COVENANT AND AGREEMENT (Conv/FHA/VA) January 2017 PAGE 1 of 7 D220288911 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 mediaton akd/or arbitrator is designated, the parties agree to work together in good faith to select a mediatér an Disputes are not resolved by mediation, an arbitrator in the county where the subject prope then the mediation or arbitration, or both shall be conducted by the American
faith to select a mediatér an Disputes are not resolved by mediation, an arbitrator in the county where the subject prope then the mediation or arbitration, or both shall be conducted by the American (“AAA”) in accordance with its applicable rules and procedures provided, howeve arbitrator, or both. It is stipulated and agreed that the filing of fA mediator or arbitrator shall not constitute a waiver of the right to en: In any arbitration proceeding between the parties: a. All applicable Federal and State law (inch shall apply; b. All applicable claims, causes of actio: court shall apply; c. The proceeding shall be condu ensure the neutrality of the arbitra d. The parties shall be entitled te The arbitrator sha Yasnde e manner in tlie 4 g. Any award such awardma ¢ besdins to a construction defect, as that term is defined in Chapter 27 of Code (§27.001(4)), then the arbitration shall be conducted in the county set forth grecment shall survive the closing of the sale of the Property and/or Improvements from Builder to ar. [xe waiver or invalidity of any portion of this Agreement shall not affect the validity or erlfor Coabili he remaining portions of this Agreement. Owner and Builder further agree (1) that any Dispd fing Builder’s directors, officers, employees and agents shall be resolved as set forth herein and not in a 6f 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 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
ilder 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.
Initialed for identification by by £6 AZ Buyer A’yp- and Seller “PD RESTRICTIVE COVENANT AND AGREEMENT (Conv/FHA/VA) January 2017 PAGE 2 of 7 Page 2 of 7 D220288911 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 partics, 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 A ALL DISPUTES BETWEEN THEM SHALL BE RESOLVED BY A COURT OF COME IN THIS PARAGRAPH SHALL SURVIVE (1) THE TERMINATION OF THIS EITHER PARTY; (2) THE DEFAULT OF THIS AGREEMENT BY EITHE CLOSING AND DELIVERY OF DEED.
THE RCLA CONTROLS TO THE EXTENT OF LAW, INCLUDING THE DECEPTIVE T!
SUBCHAPTER E, CHAPTER 17, TEXAS BUSIN BY THE RCLA AND THE DTPA.
Ee CONSUMER PROTECTION ACT, ) ERCE CODE (the “DTPA”), AS PROVIDED AB TY ‘OR WARRANTIES GIVEN BY BUILDER TO OWNER PROVEMENTS ARE DESCRIBED IN THE EXPRESS WARRANTY OME WARRANTY (THE “LIMITED WARRANTY”) A SPECIMAN
R PROTECTION ACT, ) ERCE CODE (the “DTPA”), AS PROVIDED AB TY ‘OR WARRANTIES GIVEN BY BUILDER TO OWNER PROVEMENTS ARE DESCRIBED IN THE EXPRESS WARRANTY OME WARRANTY (THE “LIMITED WARRANTY”) A SPECIMAN 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 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 RESTRICTIVE COVENANT AND AGREEMENT (Conv/FHA/VA) January 2017 PAGE 3 of 7 D220288911 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 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
n 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 bjfaj Owner’s successors and assigns.
Builder makes NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED MANUFACTURED PRODUCTS AND EXPRESSLY DISCLAIMS ALL [I MERCHANTABILITY, FITNESS OF USE FOR A PARTICULAR Br WARRANTIES TO THE FULLEST EXTENT PERMITTED BY STATE 8. Builder has exercised reasonable care in assuring that harmful molds and other undesirable organisms; however, even utilizing egical iti purities if proper aT of Owner. The Owner can take positive steps ereby minimize any possible adverse effects procedures are not implemented. Such maintenance is a responsi to reduce or eliminate the occurrence of mold growth in the home : ons of mold. Potted plants (roots and soil), furnishings, or stored clothing and _béd , a8 well as many other household goods, could already contain mold growth.
areas of the home.
b. elp reduce mold levels. Mild bleach solutions and most tile Ning or preventing mold growth.
c e low. Ventilate kitchens and bathrooms by opening the windows gr Téaks on a regular basis. Look for discolorations or wet spots. Repair any leaks Inspect condensation pans (refrigerators and air conditioners) for mold growth. Take potive of musty odors, and any visible signs of mold.
hould 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
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.
RESTRICTIVE COVENANT AND AGREEMENT (Conv/FHA/VA) January 2017 PAGE 4 of 7 D220288911 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 msurance covering risk of loss and damage to the Improvements. The parties 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 gfrem the 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-re 11. Owner and Builder agree that this Agreement shall records of the County in which the Property is located.
awiedges that the Improvements have been completed or that any discrepancies or differences have been eptéd the Property and Improvements and hereby releases operty or Improvements except for Builder’s obligations in accordance with the contract between O
hat any discrepancies or differences have been eptéd the Property and Improvements and hereby releases operty or Improvements except for Builder’s obligations in accordance with the contract between O approved and accepted by Owner and Builder from all claims and liabilit; arising under the express Limited 14, Owner and Builde ¢ Agrcement shall be binding up4grand\inute te the benefit of the parties hereto and their respective heirs, executors, officers, directors, shareho]de BSE [SIGNATURE PAGE TO FOLLOW] Initialed for identification by Buyer B ‘ } x Buyer RA. and Seller Ll RESTRICTIVE COVENANT AND AGREEMENT (Conv/FHA/V A) January 2017 PAGE 5 of 7 D220288911 Page 6 of 7 Owners, Bipen khanal Owner; “a ina Aryal initialed for identification by Buyer L ‘) Z Buyer RA and Seller ® D RESTRICTIVE COVENANT AND AGREEMENT {Conv/FHA/VA) January 2017 PAGE 6 of 7 D220288911 Page 7 of 7 Personalized Notary Seal STATE OF TEXAS COUNTY OF Dalees Bipen This instrume was acknowledged before me on the 29 day of (Owner).
Oct 20.20 by NOT TARY PUBLIC STATE OF TEXAS TRACIE BEESON ID #1233831-1 Notary Public, State of Texas My Commission Expires 05/16/2021 Notary Public, State of Texas 88 § Copy STATE OF TEXAS COUNTY OF Dallis acknowledged before me on the This instrument was ack me Argal Rojine Personalized Notary Seal THE STATE OF TEXAS COUNTY OF TARRANT NOTAR PUB AS V. STATE OF TEX TRACIE BEESON ID #1233831-1 Notary Public, State of Texas My Commission Expires 05/16/2021 Notary Public, State of Texas This instrument was acknowledged before me on the by Scott Sandlin maniMA Sandlin Homes, on behalf of said entity Personalized Notary Seal TARY PO 29th day of October.
Scott Sandlin Homes CYNTHIA S. WALLACE OTA Notary Public. State of Texas Comm. Expires 07-25-2022 Notary ID 131655788 by 20 20
half of said entity Personalized Notary Seal TARY PO 29th day of October.
Scott Sandlin Homes CYNTHIA S. WALLACE OTA Notary Public. State of Texas Comm. Expires 07-25-2022 Notary ID 131655788 by 20 20 d/b/a Certhia S. Wallace Nobry Public, State of Texas AFTER RECORDING, RETURN TO: 5137 Davis Blvd.
North Richland Hills, TX 76180 d/b/a Sandlin Homes BL Initialed for identification by Buyer RESTRICTIVE COVENANT AND AGREEMENT January 2017 Buyer RIA and Seller (Conv/FHA/VA) PAGE 7 of 7