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<br />0284 604K~~~-~ ~ACF. ~8~
<br />the Development Lands and be binding on all parties owning any light, title, or interest in the
<br />Development Lands or any part thereof, their heirs, successors, and assigns, and shall inure to the
<br />benefit of the Trustee and all parties owning any right, title, or interest in the Trust Lands or any
<br />part thereof, their heirs, successors, and assigns.
<br />2,6 Enforcement. The Trustee or any owner of the Trust .Lands shall have the right to
<br />enforce, by any proceeding at law or in equity, all easements, restrictions, conditions, covenants,
<br />acid reservations now or hereafter granted or imposed by the provisions of this instrument.
<br />Failure to enforce any covenant or restriction herein contained shall in no event be deemed a
<br />waiver of the right to do so thereafter. .
<br />ARTICLE III
<br />COVENANTS AND RESTRICTIONS
<br />UPON TRUST LANDS
<br />3.1 Setback Restriction upon Trust Lands. Trustee, hereby declares that the Trust
<br />Lands shall be held, transferred, sold, conveyed, and occupied subject to the restriction that no
<br />athletic fields, courts for tennis, basketball, etc., Lighting structures for such playing fields and
<br />courts, concession stands, or seating for spectators shall be located upon the Trust Lands within
<br />seventy-five (75} feet of the Development Lands. However, it is expressly understood that the
<br />area within this setback may be used for passive recreational purposes, such as walking, running,
<br />jogging, bilang, other similar activities, and maybe developed with trails and other facilities for
<br />those uses, including suitable convenience and security lighting. This restriction shall run with
<br />and bind the Trust Lands until the earlier of (a) the Trust Lands are no longer being used for
<br />Public Park Uses or {b} twenty (20) years after the last to die of Cabarrus County
<br />Commissionexs, Robert W. Carruth, Joni D. Juba, Grace Mynatt, H. Jay White Sr., and Coy C.
<br />Privette and their respective spouses and descendants who are living on the date of this
<br />instrument.
<br />3.2 Binding Effect and Runs with the Land. Trustee hereby declares that the Trust
<br />Lands shall be held, transferred, sold, conveyed, and occupied subject to said restrictions set
<br />forth in this Article III, which shall run with the Trust Lands and be binding on all parties
<br />owning any right, title, or interest in the Trust Lands or any part thereof, their heirs, successors,
<br />and assigns, and shall inure to the benefit of the Development and all parties owning any right,
<br />title, or interest in the Trust Lands or any part thereof, their heirs, successors, and assigns.
<br />3.3 Enforcement. Development or any owner of the Development Lands or any part
<br />thereof shall have the right to enforce said restriction by a proceeding in equity. Failure to
<br />enforce said restriction shall in no event be deemed a waiver of the right to do so thereafter.
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<br />_. ,., Attachment number 2
<br />G-1 Page 330 of 362
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