|
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 fi.om 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,
<br />trust, church, club, governmental body, or other organization or entity whatever (whether prix, ate or
<br />governmental in nature), without limitation hereinafter acquiring any estate, title, interest or property in said land,
<br />whether by descent, devise, purchase or otherwise; and no act or omission upon the part of grantor herein, its
<br />successors and assigns, shall be a waiver of the operation or enforcement of such restrictions; but neither
<br />restriction shall be 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
<br />follows:
<br />
<br />(I) As to the restrictions se~ 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.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
<br />No. 5281, Tyler Division, U.S. District County, Eastern District of Texas; reported in U.S.v. Texas, 321 F.
<br />Supp. 1043 (E.D. Tex. 1970); U.S.v. Texas, 330 F. Supp. 235 (E.D. Tex 1971); affd with modifications sub.
<br />nom. U.S.v. State of Texas and J. W. Edgar, et al., 447 F2d 441 (5 Cir. 1971); stay den. sub. nom. Edt, ar v.
<br />U.S., 404 U.S. 1206 (1971); 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 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
<br />or 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 />0g) 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
<br />at 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 grantee(s) herdn.
<br />
<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 />
<br /> 77B 324
<br />
<br />
<br />
|