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These restrictions and conditions shall be binding upon grantee and grantee's successors, assigns, heirs <br />and personal representatives for a period of fifiy (50) years from the date hereof. <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 />It is further covenanted, that third party beneficiaries of the restrictions set forth above shall be as follows: <br />(1) As to the restrictions set out in (a) above, any person prejudiced by its violation; <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 />(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.I. 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. Edg~ar, et al., 447 F2d 441 (5 Cir. 1971); stay den sub. nom. Edgar v. U.S., 404 U.S. <br />1206 (1971); cert den. 404 U.S. 1016 (1972). <br />It is further covenanted that in case of violation of either or both of the 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, corparation, trust, church, club, governmental body or other organization or <br />entity whatever (whether private or governmental in nature), without limitation: <br />(A) To enforce either or both of such restrictions relating to the use of the above-described realty; <br />(B) To abate or prevent violations of either or both of such restrictions; and <br />(C) To recover damages for a breach of either or both such restrictions. <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 />Taxes for the present year are to be paid by grantee(s) herein. <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 />This deed is given expressly subject to any existing right of redemption remaining in the former owner of <br />the property under the provisions of law and also subject to any recorded restrictive covenants running with the <br />land, and valid easements of record as of the date of this sale, if such covenants or easements were recorded prior <br />to January 1 of the year the year the tax lien(s) arose. <br />Ui:Vean FoslerU.vnar\rsdecds-OSV 1938-deerb-City- Pans Economic DevclopmeN Corp..doc\07101/08 8:34 AM <br />~ ODUU~1 <br />