Exhibit 25.6
UNITED STATES
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) |
DEUTSCHE BANK NATIONAL TRUST COMPANY
(Exact name of trustee as specified in its charter)
13-3347003 | ||
(Jurisdiction of Incorporation or | (I.R.S. Employer | |
organization if not a U.S. national bank) | Identification no.) | |
2000 AVENUE of the STARS | ||
9thFL, NORTH TOWER | ||
LOS ANGELES, CA | 90071 | |
(Address of principal executive offices) | (Zip Code) |
K. Hovnanian Enterprises, Inc.
(Exact name of obligor as specified in its charter)
California | 22-2423583 | |
(State or other jurisdiction of incorporation or organization) | (IRS Employer Identification No.) |
Copies To:
110 West Front Street,
P.O. Box 500,
Red Bank, N.J., 07701
(Address and Zip Code of Principal Executive Offices)
8.625% Senior Notes Due 2017
(Title of the Indenture securities)
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. |
Name | Address | |
Office of the Comptroller | 1114 Avenue of the | |
of the Currency | Americas, Suite 3900 | |
New York, New York 10036 |
(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.
Item 3. -15. | Not Applicable |
Item 16. | List of Exhibits. |
Exhibit 1 - | Articles of Association as amended on April 15, 2002* | |
Exhibit 2 - | Certificate of the Comptroller of the Currency dated March 11, 2004* | |
Exhibit 3 - | Certification of Fiduciary Powers dated March 11, 2004* | |
Exhibit 4 - | Existing By-Laws of Deutsche Bank National Trust Company as amended dated May 21, 2003* | |
Exhibit 5 - | Not applicable. | |
Exhibit 6 - | Consent of Deutsche Bank National Trust Company required by Section 321(b) of the Act. Copy attached. | |
Exhibit 7 - | Reports of Condition of Deutsche Bank National Trust Company, dated as of March 31, 2013. Copy attached. | |
Exhibit 8 - | Not Applicable. | |
Exhibit 9 - | Not Applicable. |
* | Incorporated by reference to Registration Number 333-113187 |
SIGNATURE
Pursuant to the requirements of the Trust Indenture Act of 1939 the trustee, Deutsche Bank National Trust Company, a national banking association, organized and existing under the laws of the United States, has duly caused this statement of eligibility to be signed on its behalf by the undersigned, thereunto duly authorized, all in the city of Santa Ana, and State of California, on the 3rd day of July, 2013.
DEUTSCHE BANK NATIONAL TRUST COMPANY | ||
By: | /s/ Victoria Y. Douyon | |
Name: | Victoria Y. Douyon | |
Title: | Vice President |
Exhibit 6
CONSENT OF TRUSTEE
Pursuant to the requirements of Section 321(b) of the Trust Indenture Act of 1939 in connection with the proposed issue by K. Hovnanian Enterprises, Inc., we hereby consent that reports of examination by Federal, State, Territorial or District authorities may be furnished by such authorities to the Securities and Exchange commission upon request therefor.
July 3, 2013
Deutsche Bank National Trust Company | ||
By: | /s/ Victoria Y. Douyon | |
Victoria Y. Douyon | ||
Vice President |
Exhibit 7
DEUTSCHE BANK NATIONAL TRUST COMPANY | ||
Quarter End Date 3/31/2013 |
Balance Sheet
Dollar amounts in thousands | ||||||||||
1. Cash and balances due from depository institutions (from Schedule RC-A): | 1. | |||||||||
a. Noninterest-bearing balances and currency and coin | RCON0081 | 0 | 1.a. | |||||||
b. Interest-bearing balances | RCON0071 | 25,594 | 1.b. | |||||||
2. Securities: | 2. | |||||||||
a. Held-to-maturity securities (from Schedule RC-B, column A) | RCON1754 | 0 | 2.a. | |||||||
b. Available-for-sale securities (from Schedule RC-B, column D) | RCON1773 | 97,236 | 2.b. | |||||||
3. Federal funds sold and securities purchased under agreements to resell: | 3. | |||||||||
a. Federal funds sold | RCONB987 | 0 | 3.a. | |||||||
b. Securities purchased under agreements to resell | RCONB989 | 0 | 3.b. | |||||||
4. Loans and lease financing receivables (from Schedule RC-C): | 4. | |||||||||
a. Loans and leases held for sale | RCON5369 | 0 | 4.a. | |||||||
b. Loans and leases, net of unearned income | RCONB528 | 0 | 4.b. | |||||||
c. LESS: Allowance for loan and lease losses | RCON3123 | 0 | 4.c. | |||||||
d. Loans and leases, net of unearned income and allowance (item 4.b minus 4.c) | RCONB529 | 0 | 4.d. | |||||||
5. Trading assets (from Schedule RC-D) | RCON3545 | 0 | 5. | |||||||
6. Premises and fixed assets (including capitalized leases) | RCON2145 | 899 | 6. | |||||||
7. Other real estate owned (from Schedule RC-M) | RCON2150 | 0 | 7. | |||||||
8. Investments in unconsolidated subsidiaries and associated companies | RCON2130 | 0 | 8. | |||||||
9. Direct and indirect investments in real estate ventures | RCON3656 | 0 | 9. | |||||||
10. Intangible assets: | 10. | |||||||||
a. Goodwill | RCON3163 | 0 | 10.a. | |||||||
b. Other intangible assets (from Schedule RC-M) | RCON0426 | 0 | 10.b. | |||||||
11. Other assets (from Schedule RC-F) | RCON2160 | 37,250 | 11. | |||||||
12. Total assets (sum of items 1 through 11) | RCON2170 | 160,979 | 12. | |||||||
13. Deposits: | 13. | |||||||||
a. In domestic offices (sum of totals of columns A and C from Schedule RC-E) | RCON2200 | 0 | 13.a. | |||||||
1. Noninterest-bearing | RCON6631 | 0 | 13.a.1. | |||||||
2. Interest-bearing | RCON6636 | 0 | 13.a.2. | |||||||
b. Not applicable | 13.b. | |||||||||
14. Federal funds purchased and securities sold under agreements to repurchase: | 14. | |||||||||
a. Federal funds purchased | RCONB993 | 0 | 14.a. | |||||||
b. Securities sold under agreements to repurchase | RCONB995 | 0 | 14.b. | |||||||
15. Trading liabilities (from Schedule RC-D) | RCON3548 | 0 | 15. | |||||||
16. Other borrowed money (includes mortgage indebtedness and obligations under capitalized leases) (from Schedule RC-M) | RCON3190 | 0 | 16. | |||||||
17. Not applicable | 17. | |||||||||
18. Not applicable | 18. | |||||||||
19. Subordinated notes and debentures | RCON3200 | 0 | 19. | |||||||
20. Other liabilities (from Schedule RC-G) | RCON2930 | 28,603 | 20. | |||||||
21. Total liabilities (sum of items 13 through 20) | RCON2948 | 28,603 | 21. | |||||||
22. Not applicable | 22. | |||||||||
23. Perpetual preferred stock and related surplus | RCON3838 | 0 | 23. | |||||||
24. Common stock | RCON3230 | 50,000 | 24. | |||||||
25. Surplus (exclude all surplus related to preferred stock) | RCON3839 | 50,539 | 25. | |||||||
26. Not available | 26. | |||||||||
a. Retained earnings | RCON3632 | 31,815 | 26.a. | |||||||
b. Accumulated other comprehensive income | RCONB530 | 22 | 26.b. | |||||||
c. Other equity capital components | RCONA130 | 0 | 26.c. | |||||||
27. Not available | 27. | |||||||||
a. Total bank equity capital (sum of items 23 through 26.c) | RCON3210 | 132,376 | 27.a. | |||||||
b. Noncontrolling (minority) interests in consolidated subsidiaries | RCON3000 | 0 | 27.b. | |||||||
28. Total equity capital (sum of items 27.a and 27.b) | RCONG105 | 132,376 | 28. | |||||||
29. Total liabilities and equity capital (sum of items 21 and 28) | RCON3300 | 160,979 | 29. |
Dollar amounts in thousands | ||||||||||
1. Indicate in the box at the right the number of the statement below that best describes the most comprehensive level of auditing work performed for the bank by independent external auditors as of any date during 2012 | RCON6724 | 2 | M.1. | |||||||
2. Bank’s fiscal year-end date | RCON8678 | 1231 | M.2. |