The following terms when used in this Indenture (unless the context requires otherwise) shall have the following meanings:

1. 'Architectural Control Committee' shall have the meaning set forth in Article VI hereof.

2. 'Common Ground' or 'Common Land' or 'Common Property' (or the plural of any thereof) shall mean and refer to all real property held by the Trustees for the common use and enjoyment of all Owners, including, without limitation, parks, open spaces, recreational facilities, lakes, streets, paths, walkways, storm water (including retention basins) and sanitary sewers and drainage- facilities, and other such facilities. Nothing hereinabove contained shall be deemed a representation that any of the enumerated facilities are or will be included in the Subdivision or that any such facilities will be constructed upon Common Ground.

3. 'Consumer Price Index' shall mean and refer to the Consumer Price Index For All Urban Consumers, All Items, St. Louis, Missouri (1982-84=100) published by the Bureau of Labor statistics, United states Department of Labor.

4. 'First Party' shall mean and refer to J & M Joint Venture No. One, a joint venture organized and existing under the laws of the State of Missouri, its successors and assigns, including, but not limited to, any builder or developer who purchases vacant Lots or parcels of land constituting a portion of the Property for the purpose of building residences thereon for sale to third persons.

5. 'Indenture' shall mean and refer to this Indenture of Trust and Restrictions for Chesterfield Farms, city of Chesterfield, Missouri, as from time to time amended.

6. 'Lot' shall mean and refer to any plot of land, with the exception of Common Ground, shown on a recorded subdivision plat of the Property.

7. 'Ordinance' shall mean and refer to city of Chesterfield Ordinance Number 752, as from time to time amended.

8. 'Owner' shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot, including contract sellers but excluding those having such interests as security for the performance of an obligation and excluding First Party.

9. 'Planned Environment Unit' shall mean and refer to the zoning classification pursuant to which the city Council of the city of Chesterfield, Missouri, has, by adoption of the Ordinance, authorized the development of the Property, and shall have the meaning set forth in 1003.187 of the city of Chesterfield Zoning Ordinance.

10. 'Property' shall mean and refer to the real property described on Exhibit A attached hereto and incorporated herein by reference.

11. 'Trustees' shall mean and refer to those persons designated in the preamble to this Indenture, and their successors and assigns as appointed or elected in accordance with the provisions of Article IV hereof.