Clarksburg Skylark, LLC Sample Contracts

BEAZER HOMES USA, INC. and THE GUARANTORS PARTY HERETO to [TRUSTEE] Trustee INDENTURE Dated as of [ ] SUBORDINATED DEBT SECURITIES
Indenture • November 13th, 2009 • Clarksburg Skylark, LLC • Operative builders • New York

INDENTURE, dated as of [___], among BEAZER HOMES USA, INC., a corporation duly organized and existing under the laws of the State of Delaware (herein called the “Company”), having its principal office at 1000 Abernathy Road, Suite 1200, Atlanta, Georgia 30308, the Guarantors (as defined hereinafter), each having its principal office at 1000 Abernathy Road, Suite 1200, Atlanta, Georgia 30328, and [Trustee], as Trustee (herein called the “Trustee”).

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PARTNERSHIP AGREEMENT OF CROSSMANN COMMUNITIES PARTNERSHIP
Partnership Agreement • November 13th, 2009 • Clarksburg Skylark, LLC • Operative builders

THIS AGREEMENT, made as of the 1st day of September, 1993, by and among Deluxe Homes Inc., an Indiana corporation (“DHI), Deluxe Homes of Lafayette, Inc., an Indiana corporation (“DHLI”), TriMark Homes, Inc., an Indiana corporation (“THI”), and TriMark Development, Inc., an Indiana corporation (“TDI”) (hereinafter referred to individually as a “Partner” and collectively as the “Partners”),

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OPERATING AGREEMENT OF BEAZER HOMES MICHIGAN, LLC
Operating Agreement • November 13th, 2009 • Clarksburg Skylark, LLC • Operative builders • Delaware

This Operating Agreement (this “Operating Agreement”) of BEAZER HOMES MICHIGAN, LLC (the “Company”), a Delaware limited liability company is entered into as of July 27, 2006 by Beazer Homes Corp., its sole member.

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AMENDED AND RESTATED CREDIT AGREEMENT Dated as of August 5, 2009 BEAZER HOMES USA, INC., THE LENDERS PARTY HERETO, THE ISSUERS PARTY HERETO, CITIBANK, N.A., as Swing Line Lender, and CITIBANK, N.A., as Agent CITIGROUP GLOBAL MARKETS INC. Lead Arranger...
Collateral Agreement • February 23rd, 2010 • Clarksburg Skylark, LLC • Operative builders • New York

AMENDED AND RESTATED CREDIT AGREEMENT dated as of August 5, 2009 among BEAZER HOMES USA, INC., a Delaware corporation (the “Borrower”), the Lenders that are signatories hereto, the Issuers that are signatories hereto, CITIBANK, N.A., a national banking association, as Swing Line Lender, and CITIBANK, N.A., a Delaware corporation, as Agent (the “Agent”) for the Lenders and the Issuers.

Sample 1
AMENDED AND RESTATED OPERATING AGREEMENT OF CLARKSBURG SKYLARK, LLC
Operating Agreement • January 21st, 2010 • Clarksburg Skylark, LLC • Operative builders • Maryland

THIS AMENDED AND RESTATED OPERATING AGREEMENT (this “Agreement”) of Clarksburg Skylark, LLC, a Maryland limited liability company (the “Company”), is made and entered into to be effective as of the Effective Date (as hereinafter defined) between the Company and Clarksburg Arora LLC, a Maryland limited liability company, its sole member (the “Member”).

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ARTERY-BEAZER CLARKSBURG, LLC a Maryland Limited Liability Company OPERATING AGREEMENT
Limited Liability Company Operating Agreement • November 13th, 2009 • Clarksburg Skylark, LLC • Operative builders • Maryland

THIS LIMITED LIABILITY COMPANY OPERATING AGREEMENT (“Operating Agreement” or “Agreement”) is made effective as of ___, 2001 (the “Effective Date”), by and between Artery Clarksburg, LLC, a Maryland limited liability company (“Artery”) and Beazer Clarksburg, LLC, a Maryland limited liability company (“Beazer”).

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AMENDED AND RESTATED LIMITED LIABILITY COMPANY OPERATING AGREEMENT OF CLARKSBURG ARORA LLC
Operating Agreement • January 21st, 2010 • Clarksburg Skylark, LLC • Operative builders • Maryland

THIS AMENDED AND RESTATED LIMITED LIABILITY COMPANY OPERATING AGREEMENT (this “Agreement”) of Clarksburg Arora LLC, a Maryland limited liability company (the “Company”), is made and entered into to be effective as of the Effective Date (as hereinafter defined) between the Company and Beazer Clarksburg, LLC, a Maryland limited liability company, its sole member (the “Member”).

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LIMITED LIABILITY COMPANY AGREEMENT DOVE BARRINGTON DEVELOPMENT LLC BY AND BETWEEN CENTEX HOMES, A NEVADA GENERAL PARTNERSHIP AND BEAZER HOMES CORP., A TENNESSEE CORPORATION OCTOBER 4, 2004
Limited Liability Company Agreement • November 13th, 2009 • Clarksburg Skylark, LLC • Operative builders • Delaware

THIS LIMITED LIABILITY COMPANY AGREEMENT (this “Agreement”) is entered into effective as of October 4, 2004, between CENTEX HOMES, a Nevada general partnership (“Centex”), and BEAZER HOMES CORP., a Tennessee corporation (“Beazer”).

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SECOND AMENDED AND RESTATED OPERATING AGREEMENT FOR ELYSIAN HEIGHTS POTOMIA, LLC
Operating Agreement • January 21st, 2010 • Clarksburg Skylark, LLC • Operative builders • Virginia

THIS SECOND AMENDED AND RESTATED OPERATING AGREEMENT (this “Agreement”) is made as of the 18th day of August, 2009, by BEAZER HOMES CORP., a Tennessee corporation (“Beazer” or the “Sole Member”).

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OPERATING AGREEMENT (Interim) CLARKSBURG SKYLARK, LLC
Operating Agreement • November 13th, 2009 • Clarksburg Skylark, LLC • Operative builders • Maryland

THIS OPERATING AGREEMENT (“this Agreement”) is made and entered into as of the 30th day of April, 2001, by DiMaio Joint Venture, a Maryland general partnership (the “Member”).

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AMENDED AND RESTATED OPERATING AGREEMENT FOR ARTERY POTOMIA, LLC
Operating Agreement • November 13th, 2009 • Clarksburg Skylark, LLC • Operative builders • Virginia

This Amended and Restated Operating Agreement is made this 3rd day of December, 2004, by and between THE ARTERY GROUP, LLC, a Maryland limited liability company (“Artery”) and BEAZER HOMES CORP., a Tennessee corporation (“Beazer”).

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