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SUBJECT however to the following covenant, condition and restrictions:
<br />(a) 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 discriminates
<br />against any person because of his race, color or national origin, regardless of whether such discrimination
<br />be effected by design or otherwise.
<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, maintains.
<br />reinforces, renews, or encourages, or which tends to create, maintain, reinforce, renews or encourage a
<br />dual school system.
<br />These restrictions and conditions shall be binding upon grantee and grantee's successors, assigns,
<br />heirs and personal representatives for a period of fifty (50) years from the date hereof.
<br />The foregoing restrictions and the other covenants hereafter set out are covenants running with the
<br />land, and each and every parcel thereof, and shall be fully binding upon any person, firm, partnership,
<br />corporation, trust, church, club, governmental body, or other organization or entity whatever (whether
<br />private or governmental in nature), without limitation hereinafter acquiring any estate, title, interest or
<br />property in said land, whether by descent, devise, purchase or otherwise; and no act or omission upon the
<br />part of grantor herein, its successors and assigns, shall be a waiver of the operation or enforcement of such
<br />restrictions; but neither restriction shall be construed to be a condition subsequent or special limitation on
<br />the estate thereby conveyed.
<br />It is further covenanted, that third party beneficiaries of the restrictions set forth above shall be as
<br />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
<br />National Association for the Advancement of Colored People (NAACP), as intervenors, in U.S. v. Texas,
<br />Civil Action No. 5281, Tyler Division, U.S. District Court, Eastern District of Texas; reported in U.S. v.
<br />Texas, 321 F. Supp. 1043 (E.D. Tex. 1970); U.S. v. Texas, 330 F. Supp. 235 (E.D. Tex 1971); affd with
<br />modifications sub. nom U.S. v. State of Texas and J W Edgar, et al., 447 F2d 441 (5 Cir. 1971); stay
<br />den. sub. nom. Edgar v. U. S., 404 U. S. 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
<br />the third party beneficiaries above alluded to is authorized and empowered to prosecute proceedings at
<br />law or in equity against any person, firm, partnership, corporation, trust, church, club, governmental body
<br />or other organization or entity whatever (whether private or governmental in nature), without limitation:
<br />Tax Resale Deed
<br />Tax Suit No. 4184 Tr. 3 & 4
<br />Page 2 of 5
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