By this Deed, Grantor hereby creates a restriction running with the Property which restriction prohibits Grantee, its successors or assigns, from owning and/or permitting the operation of a public commercial downhill skiing and/or snowboarding facility; provided, however, the foregoing restriction shall not prohibit the Grantee, or its successors or assigns, from owning and/or operating (i) a private downhill skiing and/or snowboarding facility on the Property for the sole use of Grantee’s timeshare members, or (ii) a public commercial recreation facility offering cross-country skiing, snowmobiling, snowshoeing, tubing, and any other winter activities other than downhill skiing and/or snowboarding.
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According to my lawyer father, this does not prohibit a third party from purchasing the land and operating Brodie. “Successor” refers to whatever the corporate entity Silverleaf itself may become in the future, such as if they create a subsidiary or merge.
