0000950123-11-043480 Sample Contracts

Contract
First Supplemental Indenture • May 3rd, 2011 • Meritage Homes CORP • Operative builders • New York

FIRST SUPPLEMENTAL INDENTURE, dated as of April 6, 2011 (the “First Supplemental Indenture”) between Meritage Homes Corporation, a corporation organized under the laws of the State of Maryland (the “Issuer”), the Guarantors named therein, Meritage Homes of North Carolina, Inc., a corporation organized under the laws of the State of Arizona (the “Additional Guarantor”) and HSBC Bank USA, National Association, as trustee (the “Trustee”), under the Indenture (as defined below). Capitalized terms used and not defined herein shall have the same meanings given in the Indenture unless otherwise indicated.

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Contract
Fifth Supplemental Indenture • May 3rd, 2011 • Meritage Homes CORP • Operative builders • New York

FIFTH SUPPLEMENTAL INDENTURE, dated as of April 6, 2011 (the “Fifth Supplemental Indenture”) between Meritage Homes Corporation, a corporation organized under the laws of the State of Maryland (the “Issuer”), the Guarantors named therein, Meritage Homes of North Carolina, Inc., a corporation organized under the laws of the State of Arizona (the “Additional Guarantor”) and HSBC Bank USA, National Association, as trustee (the “Successor Trustee”), under the Indenture (as defined below). Capitalized terms used and not defined herein shall have the same meanings given in the Indenture unless otherwise indicated.

Contract
Third Supplemental Indenture • May 3rd, 2011 • Meritage Homes CORP • Operative builders • New York

THIRD SUPPLEMENTAL INDENTURE, dated as of April 6, 2011 (the “Third Supplemental Indenture”) between Meritage Homes Corporation, a corporation organized under the laws of the State of Maryland (the “Issuer”), the Guarantors named therein, Meritage Homes of North Carolina, Inc., a corporation organized under the laws of the State of Arizona (the “Additional Guarantor”) and HSBC Bank USA, National Association, as trustee (the “Successor Trustee”), under the Indenture (as defined below). Capitalized terms used and not defined herein shall have the same meanings given in the Indenture unless otherwise indicated.

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