0001299933-07-006807 Sample Contracts

Contract
Appointment and Acceptance • November 21st, 2007 • Tousa Inc • General bldg contractors - residential bldgs

INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE, dated as of November 15, 2007 (this “Instrument”), among TOUSA, INC. (f/k/a TECHNICAL OLYMPIC USA, INC.), a corporation duly organized and existing under the laws of Delaware, having its principal office at 4000 Hollywood Boulevard, Suite 500 N, Hollywood, Florida 33021 (the “Company”), WELLS FARGO BANK, NATIONAL ASSOCIATION, successor by merger to Wells Fargo Bank Minnesota, National Association, a national banking association organized and existing under the laws of the United States, having a corporate trust office at 213 Court Street, Suite 703, Middletown, Connecticut 06457, solely in its capacity as resigning Trustee (the “Resigning Trustee”), and WILMINGTON TRUST COMPANY, a banking corporation duly organized and existing under the laws of the State of Delaware, having its corporate trust office at 1100 North Market Street, Wilmington, DE 19890, solely in its capacity as successor Trustee (the “Successor Trustee”).

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Contract
Appointment and Acceptance • November 21st, 2007 • Tousa Inc • General bldg contractors - residential bldgs

INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE, dated as of November 20, 2007 (this “Instrument”), among TOUSA, Inc. (f/k/a TECHNICAL OLYMPIC USA, INC.), a corporation duly organized and existing under the laws of Delaware, having its principal office at 4000 Hollywood Boulevard, Suite 500 N, Hollywood, Florida 33021 (the “Company”), WELLS FARGO BANK, NATIONAL ASSOCIATION, successor by merger to Wells Fargo Bank Minnesota, National Association, a national banking association organized and existing under the laws of the United States, having a corporate trust office at 213 Court Street, Suite 703, Middletown, Connecticut 06457, solely in its capacity as resigning Trustee (the “Resigning Trustee”), and HSBC BANK USA, NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States, having its corporate trust office at 10 East 40th Street, 14th Floor, New York, New York 10016, solely in its capacity as successor Trustee (the “Successor

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