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ntgby, track and field, and other sports; a gymnasium; indoor and outdoor courts for basketball, racquet ball, hand
<br />ball, tennis, and other sports; exercise and recreation roams and facilities; game rooms; indoor and outdoor
<br />swimming pools; picnic areas; golf and miniature golf; parking lots, snack bars, food service facilities, and
<br />administrative offices associated with any of the uses herein permitted; spectator seating and facilities, stadiums, and
<br />arenas associated with any of the uses herein permitted; and administrative offices for the Cabal~us County Parks
<br />and Recreation Department.
<br />{b) Use by schools and colleges for physical educatiwi and other educational purposes and for
<br />interscholastic competition, subject to reasonable regulation by the Grantee.
<br />2. The property shall be for the use of the public, subject to such regulations and restrictions as maybe
<br />imposed from time to time by the Grantee, which shall also have the right to impose reasonable charges for the use
<br />of the property and the facilities thereon to defiay the costs of operation acid maintenance.
<br />3. The property herein conveyed shall be held subject to the foregoing covenants, conditions, and restrictions
<br />which shall run with the real property and be binding on all parties owning any right, title, or interest in said real
<br />property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of the residents and
<br />taxpayers of Cabarrus County.
<br />4. These covenants, conditions, and restrictions shall run with and bind the land until August 21, 2025.
<br />These covenants, conditions, and restrictions may be amended only by an instrument signed by the Grantee, its
<br />successors or assigns and by any one of the Grantors, the Regional Trust Officer for the region wluch includes
<br />Concord, North Carolina of Wachovia Bank, National Association, its successors or assigns, or Samuel F. Davis, Jr.
<br />5. Wachvvia Bank, National Association, its successors or assigns, or any taxpayer or resident of Cabarets
<br />County shall have the right to enforce, by any proceeding at law or in equity, all restrictions, covenants, and
<br />conditions set forth above. Failure by any taxpayer or resident of Cabanvs County to enforce any covenant,
<br />condition, and restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. If
<br />ally such proceeding is brought against the Grantee, its successors or assigns, and the party or parties bringing such
<br />action prevaal, the Grantee for itself and its successors and assigns agrees to pay the reasonable attorney fees
<br />incurred by the prevailing party or parties.
<br />6. Invalidation of any one of these covenants, conditions, and restrictions by judgment or court order shall in
<br />no way affect any other provisions which shall remain in fitll force and effect.
<br />This conveyance is also made and accepted SUBJECT TO and TOGETHER WITH all rights and restrictions under
<br />the Easement and Restriction Agreement between Real Value Development, Inc. and Grantor dated March 23, 2007
<br />and recordedinBook 7417, page 281, Cabarrus County Registry. The lands herein conveyed are the same lands as
<br />described on Exhibit B in said Easement and Restriction Agreement.
<br />TO HAVE AND TO HOLD the aforesaid tract or parcel of laud and all privileges and appurtenances
<br />thereunto belonging to the Grantee in fee simple.
<br />The Grantor does hereby covenant that Grantor has not placed or suffered to be placed anypresently existing
<br />lien or encumbrance on the premises and that Grantor will warrant and defend the title to the same against the lawful
<br />claims of all persons claiming by, through, under, or on account of the Grantor, but no fiirther. The title to the
<br />property hereitzabove described is subject to the following exceptions:
<br />3
<br />G-1
<br />Attachment number 2
<br />Page 325 of 362
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