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<br /> In the event that the Fund, or the Foundation or either of their successors in interest by
<br /> corporate merger cease to exist, then in such event such entity shall assign all of its rights
<br /> and interests in these easements, 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 Deed 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.
<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 uses 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 Grantee 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. Maintenance shall be continuously provided. Said Standards are attached
<br /> hereto as Exhibit B and incorporated in these covenants by reference.
<br /> 5. No alteration and no physical or structural change and no changes in the color,
<br /> material or surfacing shall be made to the exterior of the Dickson 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 been 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 structure shall consider the following criteria: Exterior building materials; height;
<br /> fenestration; roof shapes, forms, and materials; surface textures; expression of architectural
<br /> detailing; scale; relationship of any additions to the main structure; general form and
<br /> proportion of structures; orientation to street; setback; spacing of buildings,,defined as the
<br /> distance between adjacent buildings; lot coverage; use of local or regional architectural
<br /> traditions; and effect on archeological resources. Contemporary designs for additions or
<br /> additional structures shall not be discouraged when such alterations and additions do not
<br /> destroy significant 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, construct, reconstruct, rehabilitate, renovate, repair and restore the old Hughes
<br /> Academy building presently 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 Grantee 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 /> connection 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 been approved in advance in writing
<br /> by the President of Executive Director of the Foundation. The Foundation in reviewing such
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