ARTICLE I
DEFINITION OF TERMS
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, 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 tho Bureau of Labor statistics, United States Department of Labor.
4. "First Party" shall mean and refer to The Jones Company Custom Homes, Inc., a Missouri corporation, 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 Barrett Station Place, St. Louis County, 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 the recorded subdivision plat of the Property.
7. "Ordinance" shall mean and refer to St. Louis County Ordinance Number 15434, 1991, 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 St. Louis County Council has, by adoption of the Ordinance, authorized the development of the Property, and shall have the meaning set forth in Section 1003.187 S.L.C.R.O.
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.