D220331512 12/16/2020 04:44 PM Page: 1 of 7 Fee: $43.00 Submitter: Four Tier Software LLC Electronically Recorded by Tarrant County Clerk in Official Public Records a.
MARY LOUISE NICHOLSON COUNTY CLERK RESTRICTIVE COVENANT AND AGREEMENT {Conventional or FHA/VA Contract of Sale) TRINITY/LO/33697dfw by & “Owner” and _ So Ak Sandlin fhohac s, tt. 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 Sv = 4 and more particularly described as follows: LEGAL DESCRIPTION: WHEREAS, the undersigned acknowledge that it 18 peaceable resolution of disputes through alternative dispute’ Improvenients; and WHEREAS, to the fullest e: + pefat fitted 4 icable law, Owner desires to and does hereby waive and release any implied warranties giver eae ~ er Builder relating to the construction of all improvements in the Property (the “Improvements uding“byt not limited to any implied warranty of good and workmanlike construction and further stipulate NOW, THEREFOR sufficiency of which is We acinswiedged, the undersigned hereby acknowledge, agree, and stipulate the following: ispute (whether arising in contract, warranty, tort, statutory or otherwise) (the { not limited to, (a) any and alt controversies, disputes or claims arising under, or any dealings between the Owner and Builder; (b) any controversy, dispute or claim arising representations, omissions, promises or warranties alleged to have been made by Builder or Owner 6 on the Tape or in the subdivision in which the Property is located, shall first be submitted to
ising representations, omissions, promises or warranties alleged to have been made by Builder or Owner 6 on the Tape 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 those that would have been incurred in filing suit in a court of law and effecting service of process.
Initialed for identification by Buyer ZF Buyer Te and Seller a , RESTRICTIVE COVENANT AN) EEMENT (Conv/FHA/V A) January 2017 PAGE | of 7 D220331512 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 and/or
ement 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 and/or arbitrator is designated, the parties agree to work together in good faith to select a mediator and, if all then the mediation or arbitration, or both shall be condueted by the American Arbit Association (“AAA”) in accordance with its applicable rules and procedures provided, howeyer,Af the any ( tall @ any reason, the AAA is unable or unwilling to conduct the mediation or the bindiy Keay i z int a mediator or arbitrator, or both. It is stipulated and agreed that the filing of a petitjoy’ rey g appointment of a binding arbjtrativn.
In any arbitration proceeding between the parties: a. All applicable Federal and State law (includin shall apply; b. All applicable claims, causes of actio court shall apply; c. The proceeding shall be conducted ensure the neutrality of the a; ( d. The parties shall be entitled ~e. The arbitrator shall render a award; f. The Owner shall ains to a construction defect, as that term is defined in Chapter 27 of ode (§27.001(4)), then the arbitration shall be conducted in the county Sree that notwithstanding anything to the contrary, the rights and obligations pat shall survive the closing of the sale of the Property and/or Improvements from b Builder’s directors, officers, employees and agents shall be resolved as set forth herein and p flaw; and (2) that Builder shall have the option to include its subcontractors and suppliers as parties iu the-fnediation and/or arbitration.
If Owner or Builder file a proceeding in any court to resolve any such controversy, dispute or claim,
ption to include its subcontractors and suppliers as parties iu the-fnediation 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 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 ZB Buyer Tr ? and Seller _ c RESTRICTIVE COVENANT ANS AGREEMENT (Conv/FHA/YVA) January 2017 PAGE 2 of ?
D220331512 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 cither 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 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 BUILDER. THE PARTIES FURTHER AGREE THAT THE RIGHTS AND OBLIGATION!
IN THIS PARAGRAPH SHALL SURVIVE (1) THE TERMINATION OF THIS 4 EITHER PARTY; (2) THE DEFAULT OF THIS AGREEMENT BY EITHER P42 CLOSING AND DELIVERY OF DEED.
FURTHER AGREE THAT THE RIGHTS AND OBLIGATION!
IN THIS PARAGRAPH SHALL SURVIVE (1) THE TERMINATION OF THIS 4 EITHER PARTY; (2) THE DEFAULT OF THIS AGREEMENT BY EITHER P42 CLOSING AND DELIVERY OF DEED.
3. OWNER AND BUILDER ACKNOWLEDGE THAT THE RE§ LIABILITY ACT (“RCLA”) APPLIES TO CONSTRUCTION DEFECTS A REGARDING CONSTRUCTION DEFECTS IN CONNECTION WIT, BETWEEN THE RCLA AND ANY OTHER LAW, INCLUDING THE DECEPTIVE TRADE /R Bs - CONSUMER PROTECTION ACT, SUBCHAPTER E, CHAPTER 17, TEXAS B BY THE RCLA AND THE DTPA. — 4. OWNER, BY SIGNING T HAS/HAVE REVIEWED AND UN nL ENT, ACKNOWLEDGES THAT HE/SHE/THEY OVISIONS CONTAINED HEREIN.
5. Ovmer hereby ag IN THIS AGREEMENT, TH d stipulates that EXCEPT AS SPECIFICALLY SET FORTH Y OR WARRANTIES GIVEN BY BUILDER TO OWNER PROVIDED THROUGH STRY HOME WARRANTY (THE “LIMITED WARRANTY”) A SPECIMAN COPY OF WHICH HA: APR [DED TO OWNER BY BUILDER AND OWNER HEREBY EXPRESSLY OWNER AND BUILDER, AND TO THE FULLEST EXTENT PERMITTED YNER IS WAIVING ANY CLAIM OR CAUSE OF ACTION UNDER ANY WARRANTY OF GOOD AND WORKMANLIKE CONSTRUCTION AND ANY é IS EXPRESSLY REPLACED BY THE TERMS OF THE LIMITED RPORATED BY REFERENCE INTO THE CONTRACT BETWEEN OWNER AND R ACKNOWLEDGES THAT THE TERMS OF SUCH LIMITED WARRANTY ARE FIC AND SUFFICIENTLY DETAILED TO ESTABLISH THE ONLY STANDARDS OF 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
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, LF . Buyer 7 Pw and Seller oO — 7 RESTRICTIVE COVENANT AN®YAGREEMENT (Conv.
January 2017 PAGE 3 of 7 D220331512 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 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 impliéd Warranties on “Manufactured Products” incorporated into the Improvements. As used herein, the term “Manafacthred Products” has the definition set forth in StrucSure Home Warranty. Owner hereby agrees, acknowledgésand’s Builder makes NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, “ENG SUCH
the term “Manafacthred Products” has the definition set forth in StrucSure Home Warranty. Owner hereby agrees, acknowledgésand’s Builder makes NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, “ENG SUCH MANUFACTURED PRODUCTS AND EXPRESSLY DISCLAIMS ALL IMP ARRAg 8. Butlder has exercised reasonable care in assuring that she Prapexty and Lh provements are free of harmful molds and other undesirable organisms; however, even utilizing modermuiatertils, techniques and designs, any construction project can experience a problem with molds and othe biological impurities if proper maintenance procedures are not implemented. Such maintenance is a responsibilithof Qwnet. Phe Owner can take positive steps to reduce or eliminate the occurrence of mold growth in the} P imize any possible adverse effects that may be caused by mold. These steps include the follo furnishings, dr stored clothing 4 areas of the home. SS imainatin’g 4r preventing mold growth.
c. day © heme low. Ventilate kitchens and bathrooms by opening the windows, ing the air conditioning to remove excess moisture in the air, Promptly Sf condensation, and other sources of moisture. Promptly replace any Ze thoroughly dried, such as drywail or insulation.
iS on a regular basis. Look for discolorations or wet spots. Repair any leaks spect condensation pans (refrigerators and air conditioners) for mold growth. Take usty odors, and any visible signs of mold, id mold develop, thoroughly clean the affected area with a mild solution of bleach, First, test see if the affected material or surface is color safe. Porous materials, such as fabric, upholstery, r carpet should be discarded. Should the mold growth be severe, call on the services of a qualified professional.
ected material or surface is color safe. Porous materials, such as fabric, upholstery, r 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 AN EEMENT (Conv/FHA/VA) January 2017 PAGE 4 of 7 Page 5 of 7 D220331512 : 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 biolo gical 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 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 atly consideration trom a third party, including, but not limited to, an assignee or subrogee, in settlement or payment for any dispute, Owner shall indemnify Builder for any claims asserted against Builder by such third party, regardless of any allegation of Builder's igence, strict liability, breach of contract, breach of warranty or violations of the Texas Deceptive Trad: Protection Act.
10. Owner understands that the Property has been or will be graded by Builda an approved grading and drainage plan. Any future construction on the Property
of the Texas Deceptive Trad: Protection Act.
10. Owner understands that the Property has been or will be graded by Builda an approved grading and drainage plan. Any future construction on the Property fences, landscaping, etc.) can disrupt the drainage and cause flooding, excessive e changes after conveyance of the Property from Builder to Owner in grade or soillc resulting therefrom shall be Owner’s sole responsibility and Owyér her é employees, from any and all liability and/or damages which may aris¢ a 11. Owner and Builder agree that this Agreement shall be records of the County in which the Property is located.
12, Owner and Builder further stipulate that this Ase 13. By execution of this Agreement, (Dynd Yges that the Improvements have been completed in_accordance with the contract between Owne: ed the Property and Improvements and hereby releases @ Rooperty or Improvements except for Builder’s obligations edge and stipulate that, except as otherwise provided herein, this ¢ benefit of the parties hereto and their respective heirs, executors, tyes, Successors and assigns.
Agreement shall be binding officers, directors, shareholders [SIGNATURE PAGE TO FOLLOW] that_any discrepancies or differences have been RESTRICTIVE COVENANT AN@AGREEMENT — (ConviFHA/WA) January 2017 PAGE 5 of7 Page 6 of 7 D220331512 Ee er; Brendan Newcott Owner; Thuy Dang Address: 2 S RESTRICTIVE COVENANT AND AGREEMENT (ConwFHA/VA) January 2017 PAGE 6 of 7 D220331512 Page 7 of 7 STATE OF TEXAS COUNTY OF ( ALLA & tn wT hr Brendan N 4 ws (ott (Owner).
LINDSEY ODLE Natary Public, State of Texas
age 7 of 7 STATE OF TEXAS COUNTY OF ( ALLA & tn wT hr Brendan N 4 ws (ott (Owner).
LINDSEY ODLE Natary Public, State of Texas Comm. Expires 04-17-2023 Notary Public, State of Texgs Personalized Notary Seal Notary (D 13019401-0 STATE OF TEXAS § COUNTY OF DAW AS § (On WP con Personalized Notary Seal THE STATE OF TEXAS COUNTY OF TARRANT | day of De e 20 Zo Wbia x Kn phlaer Public, State of Texas Comm. Expires 07-25-2022 Notary ID 131655788 Jnitialed for identification by Buyer Ze ae I YZ and Seller A - a RESTRICTIVE COVENANT ANBYAGREEMENT Conv/FHA/VA) January 2017 PAGE 7 of 7