Meritage Homes of North Carolina, Inc. Sample Contracts

MERITAGE HOMES CORPORATION AND WELLS FARGO BANK, NATIONAL ASSOCIATION AS TRUSTEE GUARANTEED TO THE EXTENT SET FORTH THEREIN BY THE GUARANTORS NAMED HEREIN. INDENTURE DATED AS OF
Meritage Homes of North Carolina, Inc. • April 12th, 2012 • Operative builders • New York

INDENTURE dated as of by and among Meritage Homes Corporation, a Maryland corporation, (the “Issuer”), the guarantors listed on Schedule 1 hereto (herein called the “Guarantors”) and Wells Fargo Bank, National Association, as Trustee (the “Trustee”).

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AMENDED AND RESTATED COMPANY AGREEMENT OF MERITAGE HOMES OF TEXAS JOINT VENTURE HOLDING COMPANY, LLC A Texas Limited Liability Company
Company Agreement • May 11th, 2012 • Meritage Homes of North Carolina, Inc. • Operative builders • Texas

This Amended and Restated Company Agreement of Meritage Homes of Texas Joint Venture Holding Company, LLC (this “Agreement”), dated effective as of May 10, 2012, is executed and agreed to, for good and valuable consideration, by the Member (as defined below) and the Company. This Agreement hereby amends and restates in its entirety the Regulations of the Company dated on or about September 10, 1998.

LIMITED LIABILITY COMPANY AGREEMENT OF M&M FORT MYERS HOLDINGS, LLC a Delaware limited liability company
Limited Liability Company Agreement • May 11th, 2012 • Meritage Homes of North Carolina, Inc. • Operative builders

This LIMITED LIABILITY COMPANY AGREEMENT (the “Agreement”) is entered into as of December 31, 2008, by and between Mandell Ft. Myers, LLC, a Florida limited liability company (“Mandell”), as the Manager and a Member of the Company, and Meritage Paseo Crossing, LLC, an Arizona limited liability company (“Meritage”), as a Member of the Company.

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