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<br />These restrictions and conditions shall be binding upon grantee and grantee's successors, assigns, heirs
<br />and personal representatives for a period of fifty (50) years from the date hereof.
<br />
<br />The foregoing restrictions and the other covenants hereafter set out are covenants running with the land,
<br />and each and every parcel thereof, and shall be fully binding upon any person, firm, partnership, corporation, trust,
<br />church, club, governmental body, or other organization or entity whatever (whether private or governmental in
<br />nature), without limitation hereinafter acquiring any estate, title, interest or property in said land, whether by
<br />descent, devise, purchase or otherwise; and no act or omission upon the part of grantor herein, its successors and
<br />assigns, shall be a waiver of the operation or enforcement of such restrictions; but neither restriction shall be
<br />construed to be a condition subsequent or special limitation on the estate thereby conveyed.
<br />
<br />It is further covenanted, that third party beneficiaries of the restrictions set forth above shall be as follows:
<br />
<br />(1) As to the restrictions set out in (a) above, any person prejudiced by its violation;
<br />
<br />(2) As to the restriction set out in (b) above, any public school district or any person prejudiced by its
<br />violation; and
<br />
<br />(3) As to either or both of the restriction set out in (a) and (b) above, the United States of America, as
<br />plaintiff, and the America G.!. Forum, the League of United Latin American Citizens (LULAC), and the National
<br />Association for the Advancement of Colored People (NAACP), as intervenors, in U.S. v. Texas, Civil Action No.
<br />5281, Tyler Division, U.S. District County, Eastern District of Texas; reported in U.S. v. Texas, 321 F. Supp.
<br />1043 (E.D. Tex. 1970); U.S. v. Texas, 330 F. Supp. 235 (E.D. Tex 1971); affd with modifications sub. nom. U.S.
<br />v. State of Texas and J. W. Edgar. et a!., 447 F2d 441 (5 Cir. 1971); stav den. sub. nom. Edgar v. U.S., 404 U.S.
<br />1206 (1971); cert den. 404 U.S. 1016 (1972).
<br />
<br />It is further covenanted that in case of violation of either or both ofthe above restrictions, any of the third
<br />party beneficiaries above alluded to is authorized and empowered to prosecute proceedings at law or in equity
<br />against any person, firm, partnership, corporation, trust, church, club, governmental body or other organization or
<br />entity whatever (whether private or governmental in nature), without limitation:
<br />
<br />(A) To enforce either or both of such restrictions relating to the use of the above-described realty;
<br />
<br />(B) To abate or prevent violations of either or both of such restrictions; and
<br />
<br />(C) To recover damages for a breach of either or both such restrictions.
<br />
<br />It is further covenanted, that is any third party beneficiary referred to above shall prosecute proceedings at
<br />law or in equity for the aforesaid purposes, such third party beneficiary may recover reasonable attorney's fees
<br />from the violator or violators of either or both of such restrictions, of the Court finds that the proceedings were
<br />necessary to bring about compliance therewith.
<br />
<br />Taxes for the present year are to be paid by grantce(s) herein.
<br />
<br />Conveyance of the property herein is made "as is" and grantors make no warranty or representation as to
<br />the property's condition, suitability for any use, and property's location.
<br />
<br />This deed is given expressly subject to recorded restrictive covenants running with the land, and valid
<br />easements of record as of the date of this sale, if such covenants or easements were recorded prior to January 1 of
<br />the year the tax lien(s) arose.
<br />
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