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EXHIBIT 4.4
AMENDMENT NUMBER ONE
TO THE NON-STANDARDIZED
JOINDER AGREEMENT FOR THE
CROSSMANN COMMUNITIES, INC
401(k) PROFIT SHARING PLAN
THIS AMENDMENT NUMBER ONE is executed on behalf of Crossmann Communities, Inc. ("Company").
WITNESSETH:
WHEREAS, the Company adopted the Crossmann Communities, Inc. 401(k) Profit Sharing Plan ("Plan"), effective as of February 28, 1991. Such Plan was subsequently amended as of July 1, 1996, including a Joinder Agreement for such Plan specifying the employers which had adopted the Plan;
WHEREAS, pursuant to Section 8.05(a) and (b) of the Plan, certain additional employers have become participating employers under the Plan, and such adoption of the Plan by such employers has been reflected in written resolutions;
WHEREAS, the Company now desires to amend the Joinder Agreement for the Plan to reflect changes which have occured since the effective date of the most recent Joinder Agreement for such Plan with respect to the list of employers who have adopted the Plan; and
WHEREAS, the Company reserved the right to amend its elections in the Joinder Agreement for Plan pursuant to Section 8.01(b) of the Plan.
NOW, THEREFORE, the Plan is hereby amended, effective as specifically provided herein, as follows:
1. The list of Adopting Employers under Item 1 of the Joinder Agreement for the Plan is hereby amended to be and read as follows:
EMPLOYER
| | EIN
| | ADOPTING EMPLOYER
|
|---|
| 1. | | Crossmann Communities of Ohio, Inc. | | 31-1390649 | | Yes |
2. |
|
Crossmann Communities Partnership, which includes: |
|
35-1901790 |
|
Yes |
|
|
Deluxe Homes, Inc. |
|
35-1297389 |
|
Yes |
|
|
Deluxe Homes of Lafayette, Inc |
|
35-1683706 |
|
Yes |
|
|
Trimark Homes, Inc |
|
35-183064 |
|
Yes |
|
|
Trimark Development, Inc |
|
35-1807331 |
|
Yes |
3. |
|
Crossmann Mortage Corp. |
|
35-1898927 |
|
Yes |
4. |
|
Merit Realty |
|
35-1679596 |
|
No |
5. |
|
Cutter Homes, Inc |
|
61-0915273 |
|
Yes (special entry date of 8/15/97—granted past service credit for eligibility and vesting) |
6. |
|
TriMark Realty, Inc |
|
|
|
No |
7. |
|
Crossmann Communities of Tennessee, LLC, which includes: |
|
62-1713158 |
|
|
|
|
Paragon Properties |
|
|
|
Yes (entry date of 7/1/99) |
|
|
Heartland Homes |
|
|
|
Yes (entry date of 1/1/99) |
|
|
|
|
|
|
|
8. |
|
Crossmann Communities of North Carolina, Inc. (Pinehurst Builders, Inc.) |
|
35-2047531 |
|
Yes (special entry date of 7/1/98—granted prior service credit for eligibility and vesting) |
2. In all other respects, the Joinder Agreement for the Plan shall be and remain unchanged.
IN WITNESS WHEREOF, Crossmann Communities, Inc. has caused this Amendment Number One to the Joinder Agreement for the Plan to be executed this 14th day of September 1998.
| TRUSTEE | | CROSSMANN COMMUNITIES, INC. |
By: |
|
/s/ Jennifer Holihen
|
|
By: |
|
/s/ Jennifer Holihen
|
| | | | | Title: | | CFO
|
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AMENDMENT NUMBER ONE TO THE NON-STANDARDIZED JOINDER AGREEMENT FOR THE CROSSMANN COMMUNITIES, INC 401(k) PROFIT SHARING PLAN
