0001104659-06-042960 Sample Contracts

JUNIOR SUBORDINATED INDENTURE between BEAZER HOMES USA, INC. and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as Trustee
Beazer Homes Usa Inc • June 21st, 2006 • Operative builders • New York

JUNIOR SUBORDINATED INDENTURE, dated as of June 15, 2006, between BEAZER HOMES USA, INC., a Delaware (the “Company”), and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, a national banking association, as Trustee (in such capacity, the “Trustee”).

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AMENDED AND RESTATED TRUST AGREEMENT
Trust Agreement • June 21st, 2006 • Beazer Homes Usa Inc • Operative builders • Delaware

THIS AMENDED AND RESTATED TRUST AGREEMENT, dated as of June 15, 2006, among (i) Beazer Homes USA, Inc., a Delaware corporation (including any successors or permitted assigns, the “Depositor”), (ii) JPMorgan Chase Bank, National Association, a national banking association, as property trustee (in such capacity, the “Property Trustee”), (iii) Chase Bank USA, National Association, a national banking association, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) James O’Leary, an individual, Kenneth J. Gary, an individual and Cory J. Boydston, an individual, each of whose address is c/o Beazer Homes USA, Inc., 1000 Abernathy Road, Suite 1200, Atlanta, GA 30328, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”) and (v) the several Holders, as hereinafter defined.

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