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<br />In the event that the Fund, or the Foundation or either of their successors in interest by 11
<br />corporate merger cease to exist, then in such event such entity shall assign all of its rights
<br />and interests in these easemenu, covenants, and conditions subject to such duties and
<br />obligations which it assumes hereby to the other, or to some other non-profit corporation of
<br />responsibility which exists for substantially the same reasons as the assigning entity. If no
<br />such corporation be available for such assignment then, under such circumstances such
<br />assignment shall be made to the State of North Carolina which shall be the sole party entitled
<br />to administer those covenants.
<br />2. The Subject Property shall be used for beneficial public purposes only, in
<br />accordance with the provisions set out in the Decd of Release and Agreement dated February
<br />13, 1989 and executed by Helen Blake Watkins (widow) et al., recorded in Book 779 at Page
<br />228 in the Orange County Public Registry.
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<br />3. For at least ten years from the date hereof, the Subject Property shall be made
<br />available to the Hillsborough Area Chamber of Commerce, Inc. or to some other
<br />organization for operation as a visitor's center and allied uses for the Town of Hillsborough
<br />and Orange County; provided, however, that if the operation of such a visitor's center and
<br />allied usq on the Subject Property becomes, in the opinion of the Foundation, impractical or
<br />undesirable, then the condition and restriction set forth in this paragraph 3 shall be of no
<br />further force and effect.
<br />4. The Grutta covenants and agrees to continuously maintain, repair, and
<br />administer the Dickson House and the Subject Property in accordance with the Secretary of
<br />the Interior's Standards for Rehabilitation (in effect as of March, 1990) so as to preserve the
<br />historical integrity of features, materials, appearances, workmanship and environment of the
<br />Dickson House. Maintemattce shall be wntinuously provided. Said Standards are attached
<br />hereto as Exhibit B and incorporated in these covenants by reference..
<br />S. No alteration and no physical or structural change and no changes in the color,
<br />materkal or surfacing sltall be made to the exterior of the Diction House without the prior
<br />written approval of the President or Executive Director of the Foundation.
<br />6. No addition or additional structure shall be constructed or permitted to be built
<br />upon the Subject Property unless the plans and exterior designs for such structure or addition
<br />.. have ban approved in advance in writing by the President or Executive Director of the
<br />Foundation. The Foundation in reviewing the plans and designs for any addition or
<br />additional sOnrcture shall consider the following criteria: Exterior building materials; height;
<br />fenestration; roof shapes, forms, and materials; surface textures; expression of architxtural
<br />detailing; scale; relationship of nay additions to the main structure; general form and
<br />Proportion of strucAires; orientation to street; setback; spacing of buildings, defined as the
<br />,; distance between adjacent buildings; lot coverage; use of lopl of regional architectural
<br />ttaditiom; and effect oo archeological resources. Contemporary designs for additions or
<br />additional structures shall not be discouraged whey such alterations and additions do not
<br />destroy signifiant historical, architectural, or cultural material, and such design is
<br />compatible with the size, color, material and character of the property and its environment.
<br />7. It is understood and agreed that the Fund, its successors or assigns, may
<br />locate, caistruct, reconstruct, rehabilitate, renovate, repair and restore the old Hughes
<br />Academy building prderttly located in northern Orange County, in the vicinity of Cedar
<br />Grove (or subject to the approval of the Grantee, which approval shall not be unreasonably
<br />withheld, some other building of roughly similar size), onto the Subject Property, such
<br />building to be located in the southeasterly quadrant of the Subject Property; and in such
<br />event, the parties hereto agree to pursue the possibility that the Grants or assigns shall
<br />acquire title to such building improvements; in which event such building improvements shall
<br />be and become subject to the agreements, easements, covenants and restrictions set forth in
<br />this Deed.
<br />8. Except for any walks constructed or to be constructed by the Fund in
<br />connxtion with the structure referenced in paragraph 7 hereinabove, no additional drives,
<br />walkways, parking, walls, or fences, shall be permitted to be placed upon the Subject
<br />Property unless the plans and designs for the same have beta approved in advance in writing
<br />by the President of Executive Director of the Foundation. The Foundation in reviewing such
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