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ball, tennis, and other sports; exercise and recreation rooms and facilities; game rooms; indoor and outdoor
<br />swimming pools; picnic azeas; golf and miniature golf; pazking lots, snack bazs, food service facilities, and
<br />administrative offices associated with any of the uses herein permitted; spectator seating and facilities, stadiums, and
<br />azenas associated with any of the uses herein perntted; and administrative offices for the Cabamrs County Parks
<br />and Recreation Department.
<br />(b} Use by schools and colleges for physical education 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 may be
<br />imposed from time to time by the Grantee, which shall also have the right to impose reasonable chazges for the use
<br />of the property and the facilities thereon to defray the costs of operation and 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 beneSt of the residents and
<br />taxpayers of Cabazrus 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 maybe 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 which includes
<br />Concord, North Cazolina of Wachovia Bank, National Association, its successors or assigns, or Samuel F. Davis, Jr.
<br />5. Wachovia Bank, National Association, its successors or assigns, or any taxpayer or resident of Cabarrus
<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 Cabarrus County to enforoe 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 />any such proceeding is brought against the Grantee, its successors or assigns, and the party orparkies bringing such
<br />action prevail, the Grantee fox 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 ofthese covenants, conditions, and restrictions by judgment or court order shall in
<br />noway affect any other provisions which shall remain in full 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 cecorded in Book 7417, page 281, Cabarrus County Registry. The lands herein conveyed aze 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 pazcel of land 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 further. The title to the
<br />property hereinabove described is subject to the following exceptions:
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