Filing Pursuant to
Registration No. 333-163110

 

 

securities and exchange commission

Washington, D.C. 20549

FORM T-1

STATEMENT OF ELIGIBILITY UNDER
THE TRUST INDENTURE ACT OF 1939 OF A
CORPORATION DESIGNATED TO ACT AS TRUSTEE

Check if an Application to Determine Eligibility of
a Trustee Pursuant to Section 305(b)(2) x

U.S. BANK NATIONAL ASSOCIATION

(Exact name of Trustee as specified in its charter)

31-0841368
I.R.S. Employer Identification No.

800 Nicollet Mall Minneapolis, Minnesota		55402
(Address of principal executive offices)		(Zip Code)

Jack Ellerin
U.S. Bank National Association
1349 W. Peachtree Street, Suite 1050
Atlanta, GA 30309
(404) 898-8830
(Name, address and telephone number of agent for service)

Beazer Homes USA, Inc.

(Issuer with respect to the Securities)

Delaware		58-2086934
(State or other jurisdiction of incorporation or organization)		(I.R.S. Employer Identification No.)

1000 Abernathy Road, Suite 1200 Atlanta GA		30328
(Address of Principal Executive Offices)		(Zip Code)

Subordinated Debt Securities
(Title of the Indenture Securities)

FORM T-1

Item 1.		GENERAL INFORMATION. Furnish the following information as to the Trustee.
		a)				Name and address of each examining or supervising authority to which it is subject.
								Comptroller of the Currency
								Washington, D.C.
		b)				Whether it is authorized to exercise corporate trust powers.
								Yes
Item 2.		AFFILIATIONS WITH OBLIGOR. If the obligor is an affiliate of the Trustee, describe each such affiliation.
								None
Items 3-15		Items 3-15 are not applicable because to the best of the Trustee’s knowledge, the obligor is not in default under any Indenture for which the Trustee acts as Trustee.
Item 16.		LIST OF EXHIBITS: List below all exhibits filed as a part of this statement of eligibility and qualification.
		1.				A copy of the Articles of Association of the Trustee.*
		2.				A copy of the certificate of authority of the Trustee to commence business.*
		3.				A copy of the certificate of authority of the Trustee to exercise corporate trust powers.*
		4.				A copy of the existing bylaws of the Trustee.**
		5.				A copy of each Indenture referred to in Item 4. Not applicable.
		6.				The consent of the Trustee required by Section 321(b) of the Trust Indenture Act of 1939, attached as Exhibit 6.
		7.				Report of Condition of the Trustee as of September 30, 2009 published pursuant to law or the requirements of its supervising or examining authority, attached as Exhibit 7.

SIGNATURE

     Pursuant to the requirements of the Trust Indenture Act of 1939, as amended, the Trustee, U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America, has duly caused this statement of eligibility and qualification to be signed on its behalf by the undersigned, thereunto duly authorized, all in the City of Atlanta, State of Georgia on the 5^th of January, 2010.

Exhibit 6

CONSENT

     In accordance with Section 321(b) of the Trust Indenture Act of 1939, the undersigned, U.S. BANK NATIONAL ASSOCIATION hereby consents that reports of examination of the undersigned by Federal, State, Territorial or District authorities may be furnished by such authorities to the Securities and Exchange Commission upon its request therefor.

Dated: January 5, 2010

Exhibit 7
U.S. Bank National Association
Statement of Financial Condition
As of 9/30/2009

($000’s)

		9/30/2009
Assets
Cash and Balances Due From		$	5,280,939
Depository Institutions
Securities			40,563,378
Federal Funds			3,740,525
Loans & Lease Financing Receivables			179,125,128
Fixed Assets			4,619,442
Intangible Assets			12,762,329
Other Assets			13,851,241
Total Assets		$	259,942,982
Liabilities
Deposits		$	180,624,239
Fed Funds			10,951,345
Treasury Demand Notes			0
Trading Liabilities			469,006
Other Borrowed Money			28,305,774
Acceptances			0
Subordinated Notes and Debentures			7,779,967
Other Liabilities			6,311,437
Total Liabilities		$	234,441,768
Equity
Minority Interest in Subsidiaries		$	1,640,987
Common and Preferred Stock			18,200
Surplus			12,642,020
Undivided Profits			11,200,007
Total Equity Capital		$	25,501,214
Total Liabilities and Equity Capital		$	259,942,982

To the best of the undersigned’s determination, as of the date hereof, the above financial information is true and correct.

Date: January 5, 2010