0001104659-08-054670 Sample Contracts

MERITAGE HOMES CORPORATION AND HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE GUARANTEED TO THE EXTENT SET FORTH THEREIN BY THE GUARANTORS NAMED HEREIN. INDENTURE DATED AS OF
Indenture • August 22nd, 2008 • Meritage Homes of Texas Holding, Inc. • 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 HSBC Bank USA, National Association, as Trustee (the “Trustee”).

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