THIS INDENTURE OF TRUST AND RESTRICTIONS FOR CHESTERFIELD FARMS (the 'Indenture'), made and entered into this 20th day of October, 1993, by and between J & M Joint Venture No. One, a joint venture-organized and existing under the laws of the State of Missouri (hereinafter referred to as 'First Party'), and Homer Clark, Michael Hughes and Michael Whiteaker, all of St. Louis County, Missouri, hereinafter collectively referred to as 'Trustees'.

WITNESSETH THAT:

WHEREAS, First Party is the owner of a tract of real property (the 'Property') located in St. Louis County, Missouri, as more particularly described on Exhibit A attached hereto and incorporated herein by reference; and

WHEREAS, the city council of the city of Chesterfield, Missouri has, by Ordinance No.752, approved the development of the Property pursuant to the Planned Environment Unit Procedure, section 1003.187 of the city of Chesterfield Zoning ordinance; and

WHEREAS, First Party has caused the Property to be subdivided under the name 'Chesterfield Farms', and has caused or will cause record plats of such Subdivision to be recorded in the St. Louis County Records; and

WHEREAS, common land has been or will be reserved on the plats of Chesterfield Farms, and there has been and will be designated, established and recited on such plats certain streets, common land and easements which are for the exclusive use and benefit of the residents of the Property, except those streets or easements which are or may hereafter be dedicated to public bodies and agencies and which have been provided for the purpose of constructing, maintain- ing and operating sidewalks, sewers, pipes, poles, wires, storm water drainage, parks and other facilities and public utilities for the use and benefit of the residents of Chesterfield Farms; and

WHEREAS, First Party, being the owner of the entire tract, may desire, from time to time, to encumber and dispose of parts thereof; and

WHEREAS, it is the purpose and intention of this Indenture to preserve said tract of land, subdivided as aforesaid, as a restricted neighborhood and to protect the same against certain uses by the adoption of this Indenture, and to apply the plan contained in this Indenture to all of said land described herein, including all common land, and mutually to benefit, guard and restrict future residents of Chesterfield Farms and to foster their health and safety; and

WHEREAS, all reservations, limitations, conditions, easements and covenants herein contained, and all of which are sometimes hereafter termed 'restrictions,' are jointly and severally for the benefit of all persons who may purchase, hold or reside upon the tract covered by this instrument.

NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and agreements made by the parties hereto each to the other, the receipt and sufficiency of which is hereby acknowledged, the parties hereto COVENANT and AGREE to and with each other, collectively and individually, for themselves, their heirs, successors and assigns, and for and upon behalf of all persons who may hereafter derive title to or otherwise hold through them, together with their heirs, successors or assigns, any of the lots and parcels of land in Chesterfield Farms, all as hereinafter set forth: