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Resolution NO. 2001- <br /> <br />RESOLUTION OF ACCEPTANCE OF GIFT OF REAL AND <br /> PERSONAL PROPERTY FROM THE <br /> ELMA C. LOMAX LIVING TRUST <br /> <br /> 1. WHEREAS, on June 1, 1995 Elma C. Lomax of Concord, North Carolina <br />as Grantor executed a trust agreement captioned the Elma C. Lomax Living Trust <br />Agreement. <br /> <br />2. WHEREAS, that trust agreement contained the following provisions: <br /> <br />ITEM V <br /> <br />Upon the death of the Grantor: <br /> <br />The Trustee shall have surveyed off and distributed one (1) acre of <br />land, chosen in the Trustee's discretion, to each of the grantor's <br />three {3) children, together with a sufficient right-of-way. The land <br />to be deeded to Franklin D. Lomax shall be where the mobile <br />home is presently located. <br /> <br />The Trustee shall distribute the mobile home in which he now <br />lives to the Grantor's son, Franklin D. Lomax. <br /> <br />Co <br /> <br />The remaining real estate of the Grantor shall be distributed by <br />the Trustee to Cabarrus County, North Carolina, for the exclusive <br />purpose of establishing a public park for the co-enjoyment of the <br />outdoors by the natural wildlife inhabiting the area and the <br />citizens of Cabarrus County, North Carolina. The real estate may <br />only be used for the purposes stated herein and shall revert to the <br />heirs of the Grantor, if the required purpose is not observed and <br />continued. <br /> <br />The remaining assets of this Trust shall be distributed to <br />Cabarrus County, North Carolina, for the limited purpose of <br />developing the real estate distributed in Item c. as a public park. <br />Fencing, driveways, parking areas, fellowship facilities, hiking <br />trails, pond construction and other similar uses shall be <br />pex't~fitted. However, it is the Grantor's intention that the park <br />land be shared with wildlife and that no assets of the Trust be <br />used for purposes such as the construction of ball fields, race <br />tracks or other uses not friendly to wildlife. <br /> <br /> 3. WHEREAS, on June 4, 1996, Elma C. Lomax died in Cabarrus County, <br />North Carolina. <br /> <br /> 4. WHEREAS, Fletcher L. Hartsell, Jr. is the Executor of the Estate of Elma <br />C. Lomax, Deceased (96 E 386) and is Successor Trustee of the Elma C. Lomax Living <br />Trust Agreement. <br /> <br /> <br />