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458 <br /> <br /> SECOND: BEGINNING at a point on the previously described <br />center line 32.02 feet from the beginning of the previously <br />described line running thence South 27° 47' 28" East 209.58 feet <br />to a point on the line of Cannon Holding Corporation said point <br />being North 77° 55' 06" East 181.30 feet from a new iron peg a <br />corner of Cannon Holding Corporation. <br /> <br /> SUBJECT, however, to existing sanitary and sewer rights-of- <br />way of Kannapolis Sanitary District and Cannon Mills Company. <br /> <br /> This conveyance is made and accepted subject to rights-of-way and <br />easements of all streets, roads and highways which cross the property <br />conveyed, together with prescriptive rights, if any, arising out of the <br />existence of any streets, roads and highways located on the property, <br />to any public utility easements, sewer lines or water line easements or <br />rights-of-way affecting the property hereby conveyed, to any restrictions <br />or covenants, if any, appearing in recorded documents in the chain of <br />title and to zoning laws and ordinances. <br /> <br /> Provided, however, that if the property conveyed by this deed shall <br />have ceased to be used by the Cabarrus and Rowan Counties as a park for <br />the benefit of the citizens of Kannapolis by reason of abandonment, <br />dedication to any other governmental use than parks and recreation or <br />dedication to any private use, title to such property shall, upon the <br />elapse of six months from the date such property shall cease to be so <br />used, automatically vest in the David H. Murdock Foundation for the use <br />and benefit of the citizens of Kannapolis, North Carolina, or if such <br />Foundation shall refuse to or cannot accept such property, titl~ thereto <br />shall automatically vest in The Cannon Foundation, Inc. to be used'for <br />the benefit of the citizens of Kannapolis, or if The Cannon Foundation, <br />Inc. ~shall refuse to or cannot accept such property, title thereto shall <br />vest in a governmental body or charitable organization to be selected by <br />the President of Cannon Mills Company or its successor. <br /> <br /> IN TESTIMONY WHEREOF, the said Grantor has caused this deed to be <br />signed in its corporate name by its President, attested by its <br />Assistant Secretary, and has caused its corporate seal to be affixed <br />hereto, the day and year first above written. <br /> <br />CANNON HOLDING CORPORATION <br /> <br />By: /s/ Timothy F. Finley <br /> Vice President <br /> <br />ATTEST: <br /> <br /> /s/ Peter J. Tennyson <br /> <br />Assistant Secretary <br /> <br />STATE OF NORTH CAROLINA <br />COUNTY OF CABARRUS <br /> <br /> I, Dianne S. Moor~, a Notary Public in and for said County and State <br />do certify that Peter J. Tennyson personally came before me this day <br />and acknowledged that he is Assistant Secretary of Cannon Holding Corporation, <br />a corporation, and that by authority duly given and as the act of the <br />corporation, the foregoing instrument was signed in its name by its Vice <br />President, sealed wihh its corporate seal, and attested by himself as its <br />Secretary. <br /> <br />Witness my hand and official seal, this the 1 day of December, 1983. <br /> <br />/s/ Dianne S. Moore <br /> <br />Notary Public <br /> <br />My commission expires: <br /> 8-16-87 <br /> <br /> <br />