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<br />(b) The above described realty, or any part thereof, shall not be used in the operation of, or in
<br />conjunction with, any school or other institution of learning, study or instruction which creates,
<br />maintains, reinforces, renews, or encourages, or which tends to create, maintain, reinforce, renews
<br />or encourage a dual school system.
<br />
<br />These restrictions and conditions shall be binding upon grantee and grantee's successors,
<br />assigns, heirs 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
<br />with the land, and each and every parcel thereof, and shall be fully binding upon any person, firm,
<br />partnership, corporation, trust, church, club, governmental body, or other organization or entity
<br />whatever (whether private or governmental in nature), without limitation hereinafter acquiring any
<br />estate, title, interest or property in said land, whether by descent, devise, purchase or otherwise; and
<br />no act or omission upon the part of grantor herein, its successors and assigns, shall be a waiver of
<br />the operation or enforcement of such restrictions; but neither restriction shall be construed to be a
<br />condition subsequent or special limitation on the estate thereby conveyed.
<br />
<br />It is further covenanted, that third party beneficiaries ofthe restrictions set forth above shall
<br />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
<br />by its violation; and
<br />
<br />(3) As to either or both of the restriction set out in (a) and (b) above, the United States of
<br />America, as plaintiff, and the America G.!. Forum, the League of United Latin American Citizens
<br />(LULAC), and the National Association for the Advancement of Colored People (NAACP), as
<br />intervenors, in U.S. v. Texas, Civil Action No. 5281, Tyler Division, U.S. District Court, Eastern
<br />District of Texas; reported in U.S. v. Texas, 321 F. Supp. 1043 (E.D. Tex. 1970); U.S. v. Texas, 330
<br />F. Supp. 235 (E.D. Tex. 1971); affd with modifications sub. nom. U.S. v. State of Texas and 1. W.
<br />Edgar. et aI., 447 F2d 441 (5 Cir. 1971); stav den. sub. nom. Edgar v. U.S., 404 U.S. 1206 (1971);
<br />cert den. 404 U.S. 1016 (1972).
<br />
<br />It is further covenanted that in case of violation of either or both of the above restrictions, any
<br />of the third party beneficiaries above alluded to is authorized and empowered to prosecute
<br />proceedings at law or in equity against any person, firm, partnership, corporation, trust, church, club,
<br />governmental body or other organization or entity whatever (whether private or governmental in
<br />nature), without limitation:
<br />
<br />(A) To enforce either or both of such restrictions relating to the use ofthe 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.
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