D221080980 03/25/2021 01:22 PM Page: 1 of 7 Fee: $43.00 Submitter: Four Tier Software LLC Electronically Recorded by Tarrant County Clerk in Official Public Records aa Wihed \ MARY LOUISE NICHOLSON COUNTY CLERK Trinity Title! LO, (3393 14DFW RESTRICTIVE COVENANT AND AGREEMENT (Conventional or FHA/VA Contract of Sale) TRINITY/LO/3 5379dFw This Restrictive Eig. and Sct (fA (“Agreement”) is made this JA aay of Wa ch20 2, y Sofia Se a ae (tr and MAM A Days _ “Owner”) “7 1 oS Che aes es, ane d/b/a Sandlin Ho Davis Blvd., North Richland Hills, TX 76180 (“Builder”).
RECITALS: EREAS, Owner is the current owner of the following described and more particular! ly described as follows: LEGAL DESCRIPTION: 5 ‘arrant County, Texas, according to the plat thereof recorded in Document No. D212 a arrant County, Texas.
peaceable resolution of disputes through eerie e WHEREAS, Owner acknowledges that provided an express limited warranty on the 6t limited to any implied warranty of good and workmanlike gment SHALL RUN WITH THE LAND.
hs, but not limited to, (a) any and all controversies, disputes or claims arising under, or aptract and any amendments thereto between Builder and Owner, the Property or any dealings between the Owner and Builder; (b) any controversy, dispute or claim arising epresentations, omissions, promises, or warranties alleged to have been made by Builder or 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 ixitially 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 ixitially 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 scrvice of process.
Initiated for identification by Buyer, SAS Boyer Me and Seller RESTRICTIVE COVENANT AND AGREEMENT — (Conw/FHA'VA) January 2017 PAGE 1 of 7 D221080980 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 applicgkle warranty documents. If there is any conftict between this Agreement and such procedures, the provisioX this Agreement shall control. Furthermore, if the mediator and/or arbitrator designated in any appli warranty documents cannot conduct the mediation or arbitration for any reason, or if no medid Disputes are not resolved by mediation, an arbitrator in the county where the subject prope the extent practicable). If the parties are unable to agree on the appointment of a mediato and then the mediation or arbitration, or both shall be conducted by the American 4 ati (“AAA”) in accordance with its applicable rules and Procedures i howevg 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 Jn any arbitration proceeding between the parties;
howevg 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 Jn any arbitration proceeding between the parties; a. All applicable Federal and State law (in shall apply; b. All applicable claims, causes of action court shall apply; «. The proceeding shall be conde ensure the neutrality of the ar!
d. The parties shall be entitled to sasopable and necessary discovery; award; f. The Owner shg r eal red to Day any unreasonable costs, expenses or arbitrator’ 's fees g. he>procceding shall be final and binding and judgment upon any ered in any court having jurisdiction; and h. s to a construction defect, as that term is defined in Chapter 27 of herce that notwithstanding anything to the contrary, the rights and obligations shall survive the closing of the sale of the Property and/or Improvements from he waiver or invalidity of any portion of this Agreement shall not affect the validity or “remaining portions of this Agreement. Owner and Builder further agree (1) that any yg Builder’s directors, officers, employees and agents shall be resolved as set forth herein and f Owner or Builder file a proceeding in apy 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, direet that such controversy, dispute or claim be arbitrated in accordance herewith.
Initiated for identification by Buyer Sh 5 Buyer kA and Seller f 4.
RESTRICTIVE COVENANT AND AGREEMENT (ConvFHAVA) January 2017 PAGE 2 of 7 Page 2 of 7 D221080980
be arbitrated in accordance herewith.
Initiated for identification by Buyer Sh 5 Buyer kA and Seller f 4.
RESTRICTIVE COVENANT AND AGREEMENT (ConvFHAVA) January 2017 PAGE 2 of 7 Page 2 of 7 D221080980 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 T.
TIME ARBITRATION PROCEDURES OF THE FOREGOING ALTERNATIVE DISPUTE RESOLUTYO} AGREEMENT ARE NOT ENFORCEABLE, THE PARTIES STIPULATE AND AGREE THAT f ALL DISPUTES BETWEEN THEM SHALL BE RESOLVED BY A COURT OF COME JURISDICTION IN THE COUNTY WHERE THE PROPERTY IS LOCATED WITHOUT TH EITHER PARTY; (2) THE DEFAULT OF THIS AGREEMENT BY EITHER CLOSING AND DELIVERY OF DEED.
LIABILITY ACT (“RCLA") APPLIES TO CONSTRUCTION DEFEQ REGARDING CONSTRUCTION DEFECTS IN CONNECTION WIT: UNDER THE RCLA, AND THAT ANY NOTICE UNDER TH 4 SHALL BE SEPARAT ELY SENT TO BUILDER IN THE MANNER REQUIRED BY THE RCL ER AND BUILDER ACKNOWLEDGE THAT THE RCLA CONTROLS TO THE EXTENT OF WIPY WEEN THE RCLA AND ANY OTHER LAW. INCLUDING THE DECEPTIVE » CONSUMER PROTECTION ACT, SUBCHAPTER E, CHAPTER 17, TEXAS BU BY THE RCLA AND THE DTPA.
. NT, ACKNOWLEDGES THAT HE/SHE/THEY HAS/HAVE REVIEWED AND Yl S T, PROVISIONS CONTAINED HEREIN.
RELATING TO THE PR! ROVEMENTS ARE DESCRIBED IN THE EXPRESS WARRANTY PROVIDED THROUGH S# § SAME. OWNER AGREES AND UNDERSTANDS THAT, PURSUANT TO OWNER AND BUILDER, AND TO THE FULLEST EXTENT PERMITTED
N.
RELATING TO THE PR! ROVEMENTS ARE DESCRIBED IN THE EXPRESS WARRANTY PROVIDED THROUGH S# § SAME. OWNER AGREES AND UNDERSTANDS THAT, PURSUANT TO OWNER AND BUILDER, AND TO THE FULLEST EXTENT PERMITTED ER IS WAIVING ANY CLAIM OR CAUSE OF ACTION UNDER ANY P-WARRANTY OF GOOD AND WORKMANLIKE CONSTRUCTION AND ANY ARRANTY IS EXPRESSILY REPLACED BY THE TERMS OF THE LIMITED RPORATED BY REFERENCE INTO THE CONTRACT BETWEEN OWNER AND JNER ACKNOWLEDGES THAT THE TERMS OF SUCH LIMITED WARRANTY ARE PECIC AND SUFFICIENTLY DETAILED TO ESTABLISH THE ONLY STANDARDS OF TION WHICH BUILDER IS 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 SK 5 Boyer US” and Seller RESTRICTIVE COVENANT AND AGREEMENT (Conv/FHA‘YA) January 2017 PAGE 3 of 7 Page 3 of 7 D221080980 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 attorncy’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
ements, and reasonable and necessary attorncy’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 causegaby Owner, normal wear and tcar excepted. This right of election shall survive the completion of the Contract befivedp Owner and Builder and the delivery of the deed to the Property from Builder to Owner, and shall be bin Owner's successors and assigns.
Builder makes NO WARRANTIFS OF ANY KIND, EXPRESS OR IMPLIE MANUFACTURED PRODUCTS AND EXPRESSLY DISCLAIMS ALL IMP, MERCHANTABILITY, FITNESS OF USE FOR A PARTICULAR WARRANTIES TO THE FULLEST EXTENT PERMITTED BY STAT any construction project can experience a problem with mold procedures are not implemented. Such maintenance is a resports to reduce or eliminate the occurrence of mold growth in the home. and Wereby minimize any possible adverse effects that may be caused by mold. These steps include the followafg furnishings, or stored clothing a already contain mold growth, ing the air conditioning to remove excess moisture in the air. Promptly ¢ condensation, and other sources of moisture. Promptly replace any be thoroughly dried, such as drywall or insulation.
on a regular basis. I.ook for discolorations or wet spots, Repair any leaks Shotld mold develop, thoroughly clean the affected area with a mild solution of bleach. First, test o see if the affected material or surface is color safe. Porous materials, such as fabric, upholstery,
otld mold develop, thoroughly clean the affected area with a mild solution of bleach. First, test o 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.
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 identitication by Buyer SA g Buyer [Zt Gr and Seller { 4 RESTRICTIVE COVENANT AND AGREEMENT {Conv/FHAVA) January 2017 PAGE 4 of 7 Page 4 of 7 D221080980 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 covcring risk of loss and damage to the Improvements.
parties hereby agree to waive all subrogation rights that each may have against the other for such insured los damage to the Improvements, its contents, or the Property, including any such loss or damage arisin negligence or other fault of either party. If Owner receives any consideration from a third party, includfag limited to, an assignee or subrogee, in settlement or payment for any dispute, Owner shall indemnify 11. Owner and Builder agree that this Agreement shai records of the County in which the Property is located.
12. Owner and Builder further stipulate ‘ thi 13. By exccution of this Agreement, (i) Og in accordance with the contract between Owne that any discrepancies or differences have been
operty is located.
12. Owner and Builder further stipulate ‘ thi 13. By exccution of this Agreement, (i) Og in accordance with the contract between Owne that any discrepancies or differences have been approved and accepted by Owner and (ii) bd the Property and Improvements and hereby releases Builder from all claims and liabi relating ¥e Profferty or Improvements except for Builder's obligations arising under the express LimitegAVefranty 4 i 14. Owner and B 8 . whitewiedge and stipulate that, except as otherwise provided herein, this Agreement shall be bindi and ‘x Q officers, directors, shareho}d gentazives, successors and assigns.
{SIGNATURE PAGE TO FOLLOW] RESTRICTIVE COVENANT AND AGREEMENT (Conv/FHA'/VA) January 2017 PAGE $ of 7 Page 5 of 7 D221080980 Page 6 of 7 Owner; Sofia Agripina Scherer Owner; Maria Davis Address: 10008 wessex st.
North Richland BUILDER: TLS HOMESTOR / Sandlin Homes Printed Name: Its: authorized rep Address: 5137 Davis Blvd., North Richland Hills, TX 76180 Unofficial copy Initialed for identification by Buyer RESTRICTIVE COVENANT AND AGREEMENT January 2017 SAS мод Buyer and Seller (Conv/FHA/VA) PAGE 6 of 7 D221080980 Page 7 of 7 STATE OF TEXAS COUNTY OF Dallعم § § This instrument was acknowledged before me on the Sofia Agriping Scherer STARY PUBL NO LINDSEY ODLE Notary Public. State of Texas 19 day of March. 2021 (Owner).
Linds Notary Public, State of Tex Personalized Notary Seal STATE OF TEXAS * STATE OF TEXAS/ Comm. Expires 04-17-2023 Notary ID 13019401-0 COUNTY OF Dallas § This instrument was acknowledged before me on the Maria DaVW Personalized Notary Seal THE STATE OF TEXAS COUNTY OF TARRANT LINDSEY ODLE NOTARY PUBL Notary Public, State of Texas
1-0 COUNTY OF Dallas § This instrument was acknowledged before me on the Maria DaVW Personalized Notary Seal THE STATE OF TEXAS COUNTY OF TARRANT LINDSEY ODLE NOTARY PUBL Notary Public, State of Texas TATE OF TENAS Comm. Expires 04-17-2028 Notary ID 13019401-0 Notary Public, State of Texas This instrument was acknowledged before me on the by Sandlin Homes, on behalf of said entity Terry Sandlin, prandint of 21 by 192 day of March, 2021 d/b/a TLS Homes.
ith S. Wallac Unofficial Copy Personalized Notary Seal STATE OF THEY CYNTHIA S. WALLACE Notary Public. State of Texas Comm. Expires 07-25-2022 Notary ID 131655788 TO: d/b/a Sandlin Homes TX 76180 Notan Public, State of Texas Initialed for identification by Buyer SAS RESTRICTIVE COVENANT AND AGREEMENT January 2017 Buyer and Seller (Conv/FHA/VA) N PAGE 7 of 7