0001574596-17-000160 Sample Contracts

SECOND SUPPLEMENTAL INDENTURE
Supplemental Indenture • October 27th, 2017 • New Home Co Inc. • Operative builders

SECOND SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of July 28, 2017, among Larkspur Land 8 Investors LLC, a Delaware limited liability company, Larkspur Land 8 Owner LLC, a Delaware limited liability company (together, the “Guaranteeing Subsidiaries”), each a subsidiary of The New Home Company Inc., (or its permitted successor), a Delaware corporation (the “Company”), the Company, the other Guarantors (as defined in the Indenture referred to herein) and U.S. Bank National Association, as trustee under the Indenture referred to below (the “Trustee”).

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THIRD SUPPLEMENTAL INDENTURE
Third Supplemental Indenture • October 27th, 2017 • New Home Co Inc. • Operative builders • New York

THIRD SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of September 18, 2017, among DMB/TNHC LLC, a Delaware limited liability company (the “Guaranteeing Subsidiary”), a subsidiary of The New Home Company Inc., (or its permitted successor), a Delaware corporation (the “Company”), the Company, the other Guarantors (as defined in the Indenture referred to herein) and U.S. Bank National Association, as trustee under the Indenture referred to below (the “Trustee”).

LIMITED LIABILITY COMPANY AGREEMENT OF TNHC RUSSELL RANCH LLC, a Delaware limited liability company
Limited Liability Company Agreement • October 27th, 2017 • New Home Co Inc. • Operative builders • Delaware

THIS LIMITED LIABILITY COMPANY AGREEMENT (the “Agreement”) of TNHC RUSSELL RANCH LLC, a Delaware limited liability company (the “Company”), is made as of May 22, 2013, by and between TNHC LAND COMPANY LLC, a Delaware limited liability company (“TNHC”), and IHP CAPITAL PARTNERS VI, LLC, a Delaware limited liability company (“IHP”).

FIRST AMENDMENT TO LIMITED LIABILITY COMPANY AGREEMENT OF TNHC RUSSELL RANCH LLC
Limited Liability Company Agreement • October 27th, 2017 • New Home Co Inc. • Operative builders

This First Amendment to Limited Liability Company Agreement of TNHC RUSSELL RANCH LLC (“Amendment”) is entered into by and between TNHC LAND COMPANY LLC, a Delaware limited liability company (“TNHC”) and IHP CAPITAL PARTNERS VI, LLC, a Delaware limited liability company (“IHP”) as of this 4th day of August, 2017 (the “Effective Date”).

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