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21-06-07955
FRF, I ISTRICT OURT
RAIL LAZER UILDERS, LLC,
LAINTIFF
ONTGOMERY OUNTY EXAS
OUND ROPERTY
OUND ROPERTY
ISTRICT
RAIL LAZER UILDERS, LLC
Before me, the undersigned authority, on this day personally appeared Gail Roberts,
being known by me, who, upon her oath, duly sworn according to law, stated as follows:
“My name is Gail Roberts. I am at least eighteen years of age and I am not disqualified
from making this affidavit under oath. I have personal knowledge of the statements contained in
“I am a member of FRF, Inc., a Texas limited liability company. I have personal
knowledge of the events and circumstances arising out of and/or related to and/or forming Trail
Blazer Builders, LLC’s basis for the above-numbered and entitled lawsuit.
“I have read Plaintiffs’ response to Defendant's no-evidence motion for summary
judgment and I have personal knowledge of the factual statements contained in it, which are
true and correct.
“I have reviewed the records that comprise Exhibit A to Plaintiffs’ response and have
“FRF, Inc. owned or owns interests in properties contained within the April Sound
subdivision that is the subject of this lawsuit (the “Subject Properties”). Those properties were
or are subject to the deed restrictions and restrictive covenants adopted and published by
Defendant, which Defendant filed of public record. A true and correct copy of the pertinent
“The Subject Properties are subject to one or more of the covenants contained in Exhibit
“Since 2004, FRF, Inc. and Trail Blazer Builders, LLC have had an ongoing business
relationship. FRF, Inc. transfers interests in the Subject Properties to Trail Blazer Builders, LLC
and Trail Blazer Builders, LLC agrees to pay FRF, Inc. for those transfers. Payment to FRF, Inc.
is due when Trail Blazer Builders, LLC transfers those interests to its customers and enters into
agreements with them in which Trail Blazer Builders, LLC constructs homes on the Subject
Page
“When Trail Blazer Builders, LLC receives a transfer of FRF, Inc.'s interprets in one of
the Subject Properties, it timely notifies Defendant and requests Defendant to record Trail
Blazer Builders, LLC’s interest in the properties.
“Defendant never had any authority to refuse to record Trail Blazer Builders, LLC’s
interests in the relevant Subject Properties.
Between 2004 and October, 2020, Trail Blazer Builders, LLC transferred interests and
entered into contracts to build homes on the Subject Properties on an average of three or more a
year, and more recently from six to eight a year, at an average profit to Trail Blazer Builders,
LLC based on the most recent transaction of $63,512.26. The profit did not include the amount
Trail Blazer Builders, LLC paid to FRF, Inc., which averaged $4,000.00 to $15,000.00 per
transaction.
“Between 1995 and October, 2020, Defendant accepted Trail Blazer Builders, LLC’s
transfers immediately and without objection or reservation. Defendant knew of Trail Blazer
Builders, LLC’s interests and of its existing and prospective contracts. Beginning in October,
2020, Defendant refused to accept the transfers.
“I contacted Defendant timely and repeatedly concerning its failure to accept the
notifications, pointing out that Defendant had no authority to refuse to accept them, requesting
reasons for the refusals, and requesting that Defendant resume the practice of accepting the
notifications. Defendant repeatedly refused to give any reasons for the refusals and refused to
accept them.
“Defendant’s refusal to accept and record Trail Blazer Builders, LLC’s acquisition of
interests in the Subject Properties made it impossible for Trail Blair Builders, LLC to complete
certain home construction projects on time. Some customers canceled their contracts and the
construction of other customers’ homes was delayed.
“Trail Blazer Builders, LLC suffered damages from canceled contracts in the amount of
$150,000.00, which represents lost profits. It also suffered damages from the delay in other
construction in the amount of $50,000.00, which represents increases in supply costs caused by
the delay.
“Trail Blazer Builders, LLC, also had prospective relationships with customers who were
ready, willing, and able to proceed. Defendant’s refusal to accept and record Trail Blazer
Builders, LLC's transfers caused those relationships to collapse. As a result, between October,
2020 and October, 2021 Trail Blazer Builders, LLC was able to enter into no contracts for home
construction instead of the average of six to eight per year it enjoyed before Defendant’s refusals.
Defendant’s refusals impaired Trail Blazer Builders, LLC’s protective relationships not only in
the Subject Properties but wherever Trail Blazer Builders, LLC does business.
“Trail Blazer Builders, LLC suffered damages from the collapse of prospective business
relationships in the amount of $348,000.00.
“Further affiant states not.”
Signed this 18 day of August, 2022.
Trail Blazer Builders, LLC
Exhibit E to Plaintiffs’ Response Page
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21-06-07955 FRF, I ISTRICT OURT RAIL LAZER UILDERS, LLC, LAINTIFF ONTGOMERY OUNTY EXAS OUND ROPERTY OUND ROPERTY ISTRICT RAIL LAZER UILDERS, LLC Before me, the undersigned authority, on this day personally appeared Gail Roberts, being known by me, who, upon her oath, duly sworn according to law, stated as follows: “My name is Gail Roberts. I am at least eighteen years of age and I am not disqualified from making this affidavit under oath. I have personal knowledge of the statements contained in “I am a member of FRF, Inc., a Texas limited liability company. I have personal knowledge of the events and circumstances arising out of and/or related to and/or forming Trail Blazer Builders, LLC’s basis for the above-numbered and entitled lawsuit. “I have read Plaintiffs’ response to Defendant's no-evidence motion for summary judgment and I have personal knowledge of the factual statements contained in it, which are true and correct. “I have reviewed the records that comprise Exhibit A to Plaintiffs’ response and have “FRF, Inc. owned or owns interests in properties contained within the April Sound subdivision that is the subject of this lawsuit (the “Subject Properties”). Those properties were or are subject to the deed restrictions and restrictive covenants adopted and published by Defendant, which Defendant filed of public record. A true and correct copy of the pertinent “The Subject Properties are subject to one or more of the covenants contained in Exhibit “Since 2004, FRF, Inc. and Trail Blazer Builders, LLC have had an ongoing business relationship. FRF, Inc. transfers interests in the Subject Properties to Trail Blazer Builders, LLC and Trail Blazer Builders, LLC agrees to pay FRF, Inc. for those transfers. Payment to FRF, Inc. is due when Trail Blazer Builders, LLC transfers those interests to its customers and enters into agreements with them in which Trail Blazer Builders, LLC constructs homes on the Subject Page “When Trail Blazer Builders, LLC receives a transfer of FRF, Inc.'s interprets in one of the Subject Properties, it timely notifies Defendant and requests Defendant to record Trail Blazer Builders, LLC’s interest in the properties. “Defendant never had any authority to refuse to record Trail Blazer Builders, LLC’s interests in the relevant Subject Properties. Between 2004 and October, 2020, Trail Blazer Builders, LLC transferred interests and entered into contracts to build homes on the Subject Properties on an average of three or more a year, and more recently from six to eight a year, at an average profit to Trail Blazer Builders, LLC based on the most recent transaction of $63,512.26. The profit did not include the amount Trail Blazer Builders, LLC paid to FRF, Inc., which averaged $4,000.00 to $15,000.00 per transaction. “Between 1995 and October, 2020, Defendant accepted Trail Blazer Builders, LLC’s transfers immediately and without objection or reservation. Defendant knew of Trail Blazer Builders, LLC’s interests and of its existing and prospective contracts. Beginning in October, 2020, Defendant refused to accept the transfers. “I contacted Defendant timely and repeatedly concerning its failure to accept the notifications, pointing out that Defendant had no authority to refuse to accept them, requesting reasons for the refusals, and requesting that Defendant resume the practice of accepting the notifications. Defendant repeatedly refused to give any reasons for the refusals and refused to accept them. “Defendant’s refusal to accept and record Trail Blazer Builders, LLC’s acquisition of interests in the Subject Properties made it impossible for Trail Blair Builders, LLC to complete certain home construction projects on time. Some customers canceled their contracts and the construction of other customers’ homes was delayed. “Trail Blazer Builders, LLC suffered damages from canceled contracts in the amount of $150,000.00, which represents lost profits. It also suffered damages from the delay in other construction in the amount of $50,000.00, which represents increases in supply costs caused by the delay. “Trail Blazer Builders, LLC, also had prospective relationships with customers who were ready, willing, and able to proceed. Defendant’s refusal to accept and record Trail Blazer Builders, LLC's transfers caused those relationships to collapse. As a result, between October, 2020 and October, 2021 Trail Blazer Builders, LLC was able to enter into no contracts for home construction instead of the average of six to eight per year it enjoyed before Defendant’s refusals. Defendant’s refusals impaired Trail Blazer Builders, LLC’s protective relationships not only in the Subject Properties but wherever Trail Blazer Builders, LLC does business. “Trail Blazer Builders, LLC suffered damages from the collapse of prospective business relationships in the amount of $348,000.00. “Further affiant states not.” Signed this 18 day of August, 2022. Trail Blazer Builders, LLC Exhibit E to Plaintiffs’ Response Page