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<br /> maintains, reinforces, renews, or encourages, or which tends to create, maintain, reinforce, renew or
<br /> encourage a dual school system.
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<br /> These restrictions and conditions shaH 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
<br /> the land, and each and every parcel thereof, and shaH be fully binding upon any person, firm,
<br /> partnership, corporation, trust, church, club, governmental body, or other organization or entity whatever
<br /> (whether private or governmental in nature), without limitation, hereafter acquiring any estate, title,
<br /> interest or property in said land, whether by descent, devise, purchase or otherwise; and no act or
<br /> omission upon the part of grantor herein, its successors and assigns, shall be a waiver of the operation or
<br /> enforcement of such restrictions; but neither restriction shall be construed to be a condition subsequent
<br /> 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
<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
<br /> its violation; and
<br /> (3) As to either or both of the restriction set out in (a) and (b) above, the United States of America,
<br /> as plaintiff, and the America OJ. Forum, the League of United Latin Ameçican Citizens (LULAC), and
<br /> the National Association for the Advancement of Colored People (NAACP), as intervenors, in U.S. v.
<br /> Texas, Civil Action No. 5281, Tyler Division, U.S. District County, Eastern District of Texas; reported
<br /> in U.S. v. Texas, 321 F. Supp. 1043 (E.D. Tex. 1970); U.S. v. Texas, 330 F. Supp. 325 (E.D. Tex 1971);
<br /> aff'd with modifications sub nom, U.S. v. State of Texas and J_W. Edgar. et aI., 447 F2d 441 (5 Cir.
<br /> 1971); stav 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 al1uded to is authorized and empo\vered to prosecute proceedings at
<br /> law or in equity against any person, firm, partnership, corporation, trust, church, club, governmental
<br /> body or other organization or entity whatever (whe.ther private or governmental in nature), without
<br /> limitation:
<br /> (A) To enforce either or both of such restrictions relating to the use of the abøve-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 of such restrictions.
<br /> It is further covenanted, that is any third party beneficiary referred to above shall prosecute
<br /> proceedings at law or in equity for the aforesaid purposes, such third party beneficiary may recover
<br /> reasonable attorney's fees from the violator or violators of either or both of such restrictions, of the
<br /> Court finds that the proceedings were necessary to bring about compliance therewith.
<br /> Taxes for the present year are to be paid by grantee(s) herein.
<br /> This deed is given expressly subject to any existing right of redemption remaining in the former owner
<br /> of the property under the provisions of law and also subject to any recorded restrictive covenants running with
<br />
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