##### 



Exhibit 10.44
 Name of Lender
 MUTUAL RELEASE AND CONSENT AGREEMENT
 Agreement Operating Company TOUSA Senior TOUSA Senior Borrowers TOUSA Transaction
Parties Lender Administrative Agent Party Parties
 W I T N E S S E T H
 Senior Credit Agreement
 Technical Olympic USA, Inc. Deutsche Bank Trust Company Americas et
al. Deutsche Bank Trust Company Americas Technical Olympic USA, Inc. New York Action Deutsche Bank Securities Inc. Technical Olympic
USA, Inc., EH/Transeastern, LLC and TE/TOUSA Senior, LLC Legal Actions
 Senior Loan
Documents




---



##### 



- 2 - Annex
A
  Recitations
 Non-Admission of Liability
 Release by Lender Released Parties Lender Released Parties Transaction Released Parties Lender Claims provided however Surviving Obligations




---



##### 



- 3 -  Release by the Transaction Released Parties Transaction
Party Claims provided however
 Assumption of Surviving Obligations
 Execution of Pay-Off Letter Annex A
 Conditions




---



##### 



- 4 - Pay-Off Letter
  Termination
 Refinancing
 provided
 Representations and Warranties
 Each Party
 Power and Authority
 Authorization
 No Conflicts




---



##### 



- 5 - The Lender Senior Debt
 The Transaction Parties
 Covenants
 Discontinuance and Dismissal of Legal Actions and Foreclosure Proceedings Foreclosure
Proceeding
 Governing Law; Jurisdiction




---



##### 



- 6 -  Entire Agreement
 Headings
 Successors and Assigns
 Counterparts
 Severability
 Third-Party Beneficiaries
 Consideration
 Receipt of Adequate Information; Representation by Counsel




---



##### 



- 7 - Notices
     (i)
    
    If to the Lender:Attn: Jerome Sanzo
The CIT Group/Business Credit, Inc.
595 Fifth Avenue
New York, NY 10017
Facsimile: (212) 771-9610with copies to:Attn: Law Department  Business Credit
The CIT Group/Business Credit, Inc.
595 Fifth Avenue
New York, NY 10017
Facsimile: (212) 771-9520Attn: Thomas Kreller
Milbank, Tweed Hadley & McCloy LLP
601 South Figueroa Street. 30th Floor
Los Angeles, CA 90017-5735
Facsimile: (213) 629-5063(ii)
    
    If to TOUSA:Attn: Antonio B. MonAttn: Paul Berkowitz
TOUSA, Inc.
4000 Hollywood Boulevard
Suite 500N
Hollywood, FL 33021
Facsimile: (954) 364-4010




---



##### 



- 8 - with copies to:Attn: Paul M. Basta
Kirkland & Ellis LLP
153 E. 53rd Street
New York, NY 10022-4611
Facsimile: (212) 446-4900




---



##### 



- 9 - 
  Senior Debt
    
    
    
    Distressed High Yield Trading Ops. Fund Ltd,
as a Lender under the Senior Credit AgreementRevolving Loan Principal$
    
    By:
    
    /s/ Mark FochtLetter of Credit Exposure
    
    
    
    Name:
    
    Mark Focht$
    
    
    
    
    
    Title:
    
    COOTerm Loan Principal$
    
    3.5MMTHE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



- 11 -  Senior Debt
    
    
    
    3V Capital Master Fund Ltd.,
as a Lender under the Senior Credit AgreementRevolving Loan Principal$
    
    
    
    
    
    By:
    
    /s/ Mark FochtLetter of Credit Exposure
    
    
    
    Name:
    
    Mark Focht$
    
    
    
    
    
    Title:
    
    COOTerm Loan Principal$
    
    6.5MMTHE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



- 12 -  Senior Debt
    
    
    
    Deutsche Bank Trust Company Americas,
as a Lender under the Senior Credit AgreementRevolving Loan Principal$
    
    2,260,869.57
    
    
    
    By:
    
    /s/ Dusan LazarovName:
    
    Dusan LazarovLetter of Credit Exposure
    
    
    
    Title:
    
    Vice President$
    
    299,238.43Term Loan Principal
    
    
    
    By:
    
    /s/ David J. Bell$
    
    1,920,000.00
    
    
    
    Name:
    
    David J. BellTitle:
    
    Managing DirectorTHE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



- 13 -  Senior Debt
    
    
    
    Silver Oak Capital, LLC,
as a Lender under the Senior Credit AgreementRevolving Loan Principal$
    
    By:
    
    /s/ Jed A. HartLetter of Credit Exposure
    
    
    
    Name:
    
    Jed A. Hart$
    
    
    
    
    
    Title:
    
    Authorized SignatoryTerm Loan Principal$
    
    1,000,000THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



- 14 -  Senior Debt
    
    
    
    Bear Stearns Investment Products Inc.,
as a Lender under the Senior Credit AgreementRevolving Loan Principal$By:
    
    /s/ Jon WeissLetter of Credit Exposure
    
    
    
    Name:
    
    Jon Weiss$
    
    
    
    
    
    Title:
    
    Vice PresidentTerm Loan Principal$
    
    500,000THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



- 16 -  Senior Debt
    
    
    
    BANK OF AMERICA, N.A.,
as a Lender under the Senior Credit AgreementRevolving Loan Principal$
    
    7,347,826.09By:
    
    /s/ Jonathan M. BarnesLetter of Credit Exposure
    
    
    
    Name:
    
    Jonathan M. Barnes$
    
    972,524.91
    
    
    
    Title:
    
    Vice PresidentTerm Loan Principal$
    
    43,791,959.88THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



- 17 -  Senior Debt
    
    
    
    Black Diamond CLO 2005-1,
as a Lender under the Senior Credit AgreementRevolving Loan Principal$By:
    
    /s/ Stephen H. DeckoffLetter of Credit Exposure
    
    
    
    Name:
    
    Stephen H. Deckoff$
    
    
    
    
    
    Title:
    
    Managing PrincipalTerm Loan Principal$
    
    1,000,000THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



- 18 -  Senior Debt
    
    
    
    Fall Creek CLO, Ltd.,
as a Lender under the Senior Credit AgreementRevolving Loan Principal$By:
    
    /s/ Jason M. RiehleLetter of Credit Exposure
    
    
    
    Name:
    
    Jason M. Riehle$
    
    
    
    
    
    Title:
    
    Authorized SignorTerm Loan Principal
  $   1,000,000THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



- 19 -  Senior Debt
    
    
    
    Eaton Vance Senior Debt Portfolio,
as a Lender under the Senior Credit AgreementRevolving Loan Principal$
    
    1,130,434.82By:
    
    /s/ Michael B. BotthofLetter of Credit Exposure
    
    
    
    Name:
    
    Michael B. Botthof$
    
    149,619.18
    
    
    
    Title:
    
    Vice PresidentTerm Loan Principal$
    
    750,000THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



- 20 -  Senior Debt
    
    
    
    Eaton Vance Senior Income Trust,
as a Lender under the Senior Credit AgreementRevolving Loan Principal$By:
    
    /s/ Michael B. BotthofLetter of Credit Exposure
    
    
    
    Name:
    
    Michael B. Botthof$
    
    
    
    
    
    Title:
    
    Vice PresidentTerm Loan Principal$
    
    575,000THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



- 21 -  Senior Debt
    
    
    
    Eaton Vance Grayson & Co.,
as a Lender under the Senior Credit AgreementRevolving Loan Principal$
    
    1,695,652.23
    
    
    
    By:
    
    /s/ Michael B. BotthofLetter of Credit Exposure
    
    
    
    Name:
    
    Michael B. Botthof$
    
    224,428.77
    
    
    
    Title:
    
    Vice PresidentTerm Loan Principal$
    
    4,239,405.70THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



- 22 -  Senior Debt
    
    
    
    Eaton Vance VT Floating-Rate Income Fund,
as a Lender under the Senior Credit AgreementRevolving Loan Principal$
    
    
    
    
    
    
    By:
    
    /s/ Michael B. BotthofName:
    
    Michael B. BotthofLetter of Credit Exposure
    
    
    
    Title:
    
    Vice President$Term Loan Principal$
    
    600,000THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



- 23 -  Senior Debt
    
    
    
    Eaton Vance Limited Duration Income Fund,
as a Lender under the Senior Credit AgreementRevolving Loan Principal$
    
    
    
    
    
    By:
    
    /s/ Michael B. BotthofName:
    
    Michael B. BotthofLetter of Credit Exposure
    
    
    
    Title:
    
    Vice President$Term Loan Principal$
    
    1,750,000THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



- 24 -  Senior Debt
    
    
    
    Eaton Vance Senior Floating-Rate Trust,
as a Lender under the Senior Credit AgreementRevolving Loan Principal$
    
    
    
    
    
    By:
    
    /s/ Michael B. BotthofName:
    
    Michael B. BotthofLetter of Credit Exposure
    
    
    
    Title:
    
    Vice President$Term Loan Principal$
    
    1,575,000THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



- 25 -  Senior Debt
    
    
    
    Eaton Vance Floating-Rate Income Trust,
as a Lender under the Senior Credit AgreementRevolving Loan Principal$
    
    
    
    
    
    By:
    
    /s/ Michael B. BotthofName:
    
    Michael B. BotthofLetter of Credit Exposure
    
    
    
    Title:
    
    Vice President$Term Loan Principal$
    
    1,700,000THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



- 26 -  Senior Debt
    
    
    
    Eaton Vance Credit Opportunities Fund,
as a Lender under the Senior Credit AgreementRevolving Loan Principal$
    
    
    
    
    
    By:
    
    /s/ Michael B. BotthofName:
    
    Michael B. BotthofLetter of Credit Exposure
    
    
    
    Title:
    
    Vice President$Term Loan Principal$
    
    500,000THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



- 27 -  Senior Debt
    
    
    
    Farallon Capital Institutional Partners, L.P.,
as a Lender under the Senior Credit AgreementRevolving Loan Principal$
    
    0.00
    
    
    
    By:
    
    /s/ Monica LandryName:
    
    Monica LandryLetter of Credit Exposure
    
    
    
    Title:
    
    Managing Member$
    
    0.00Term Loan Principal$
    
    257,500.00THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



- 28 -  Senior Debt
    
    
    
    Farallon Capital Institutional Partners II, L.P.,
as a Lender under the Senior Credit AgreementRevolving Loan Principal$
    
    0.00
    
    
    
    By:
    
    /s/ Monica LandryName:
    
    Monica LandryLetter of Credit Exposure
    
    
    
    Name:
    
    Managing Member$
    
    0.00Term Loan Principal$
    
    67,500.00THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



Senior Debt
    
    TINICUM PARTNERS, L.P.,
as a Lender under the Senior Credit AgreementRevolving Loan Principal
  $   0.00By:
    
    /s/ Monica LandryLetter of Credit Exposure
    
    Name:
    
    Monica Landry$   0.00
    
    Title:
    
    Managing MemberTerm Loan Principal
  $ 65,000.00THE CIT GROUP/BUSINESS CREDIT,
INC,as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



-30-  Senior Debt
    
    Farallon Capital Offshore Investors, Inc.,
as a Lender under the Senior Credit AgreementRevolving Loan Principal
  $   0.00By:
    
    /s/ Monica LandryLetter of Credit Exposure
    
    Name:
    
    Monica Landry$   0.00
    
    Title:
    
    Managing MemberTerm Loan Principal
  $5,332,500.00THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



-31-  Senior Debt
    
    Farallon Capital Offshore Investors II, L.P.
as a Lender under the Senior Credit AgreementRevolving Loan Principal
  $   0.00By:
    
    /s/ Monica LandryLetter of Credit Exposure
    
    Name:
    
    Monica Landry$   0.00
    
    Title:
    
    Managing MemberTerm Loan Principal
  $1,637,500.00THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



-32-  Senior Debt
    
    Farallon Capital Partners, L.P.,
as a Lender under the Senior Credit AgreementRevolving Loan Principal
  $   0.00By:
    
    /s/ Monica LandryLetter of Credit Exposure
    
    Name:
    
    Monica Landry$   0.00
    
    Title:
    
    Managing MemberTerm Loan Principal
  $1,620,000.00THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



-33-  Senior Debt
    
    Farallon Capital Institutional Partners III, L.P.,
as a Lender under the Senior Credit AgreementRevolving Loan Principal
  $   0.00By:
    
    /s/ Monica LandryLetter of Credit Exposure
    
    Name:
    
    Monica Landry$   0.00
    
    Title:
    
    Managing MemberTerm Loan Principal
  $ 30,000.00THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



Senior Debt
    
    Aurum CLO 2002-1 Ltd.,
as a Lender under the Senior Credit AgreementRevolving Loan Principal$By:
    
    /s/ Eric S. MeyerLetter of Credit Exposure
    
    Name:
    
    Eric S. Meyer$
    
    Title:
    
    DirectorTerm Loan Principal
    
    By:
    
    /s/ Ryan Gelrod$1,500,000.00
    
    Name:
    
    Ryan Gelrod, CFATitle:
    
    Vice President
 THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



Senior Debt
    
    Flagship CLO III,
as a Lender under the Senior Credit AgreementRevolving Loan Principal
  $By:
    
    /s/ Eric S. MeyerLetter of Credit Exposure
    
    Name:
    
    Eric S. Meyer$
    
    Title:
    
    DirectorTerm Loan Principal
    
    By:
    
    /s/ Ryan Gelrod$ 750,000.00
    
    Name:
    
    Ryan Gelrod, CFATitle:
    
    Vice President
 THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



Senior Debt
    
    Flagship CLO IV,
as a Lender under the Senior Credit AgreementRevolving Loan Principal$By:
    
    /s/ Eric S. MeyerLetter of Credit Exposure
    
    Name:
    
    Eric S. Meyer$
    
    Title:
    
    DirectorTerm Loan Principal
    
    By:
    
    /s/ Ryan Gelrod$1,200,000.00
    
    Name:
    
    Ryan Gelrod, CFATitle:
    
    Vice President
 THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



Senior Debt
    
    Flagship CLO V,as a Lender under the Senior Credit AgreementRevolving Loan Principal$By:
    
    /s/ Eric S. MeyerLetter of Credit Exposure
    
    Name: Eric S. Meyer$
    
    Title: DirectorTerm Loan Principal
    
    By:
    
    /s/ Ryan Gelrod$1,800,000.00
    
    Name: Ryan Gelrod, CFATitle: Vice President
 THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



- 38 -  Senior Debt
    
    Goldman Sachs Credit Partner, L.P.,as a Lender under the Senior Credit AgreementRevolving Loan Principal$By:
    
    /s/ Philip F. GreenLetter of Credit Exposure
    
    Name: Philip F. Green$
    
    Title: Authorized SignatoryTerm Loan Principal$1,000,000.00
 THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



- 39 -  Senior Debt
    
    Grand Central Asset Trust, CED Series,as a Lender under the Senior Credit AgreementRevolving Loan Principal$By:
    
    /s/ Brian SchottLetter of Credit Exposure
    
    Name: Brian Schott$
    
    Title: Attorney-in-factTerm Loan Principal$16,000,000.00
 THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



- 40 -  Senior Debt
    
    Hartford Mutual Funds, Inc. on behalf of the Hartford Floating Rate Fund by
Hartford Investment Management Company, its sub-advisor, as a Lender under the Senior Credit
Agreement
 Revolving Loan Principal$By:
    
    /s/ Bhalendu A. DeshpandeLetter of Credit Exposure
    
    Name:
    
    Bhalendu A. Deshpande$
    
    Title:
    
    Assistant Vice PresidentTerm Loan Principal$ 2,500,000THE CIT GROUP/BUSINESS CREDIT,INC, as Administrative Agent under the SeniorCredit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrowerunder the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower underthe Senior Credit AgreementBy:Name:Title:




---



##### 



- 41 -  Senior Debt
    
    Stedman CBNA Loan Funding LLC,
as a Lender under the Senior Credit AgreementRevolving Loan Principal$By:
    
    /s/ Jason MuelverLetter of Credit Exposure
    
    Name:
    
    Jason Muelver$
    
    Title:
    
    Attorney-in-factTerm Loan Principal$3,500,000.00THE CIT GROUP/BUSINESS CREDIT,INC, as Administrative Agent under the SeniorCredit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrowerunder the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower underthe Senior Credit AgreementBy:Name:Title:




---



##### 



- 42 -  Senior Debt
    
    Atascosa Investments, LLC,
as a Lender under the Senior Credit AgreementRevolving Loan Principal$ 0By:
    
    /s/ Brian LohrdingLetter of Credit Exposure
    
    Name:
    
    Brian Lohrding$ 0
    
    Title:
    
    Treasurer, Strand Advisors, Inc.Term Loan Principal$2,000,000.00THE CIT GROUP/BUSINESS CREDIT,INC, as Administrative Agent under the SeniorCredit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrowerunder the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower underthe Senior Credit AgreementBy:Name:Title:




---



##### 



- 43 -  Senior Debt
    
    Gleneagles CLO Ltd., 

as a Lender under the Senior Credit AgreementRevolving Loan Principal$ 0By:
    
    /s/ Brian LohrdingLetter of Credit Exposure
    
    Name:
    
    Brian Lohrding$ 0
    
    Title:
    
    Treasurer, Strand Advisors, Inc.Term Loan Principal$4,000,000.00THE CIT GROUP/BUSINESS CREDIT,INC, as Administrative Agent under the SeniorCredit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrowerunder the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower underthe Senior Credit AgreementBy:Name:Title:




---



##### 



- 44 -  Senior Debt
    
    Grand Central Asset Trust, HLD Series,
as a Lender under the Senior Credit AgreementRevolving Loan Principal$By:
    
    /s/ Brian SchottLetter of Credit Exposure
    
    Name:
    
    Brian Schott$
    
    Title:
    
    Attorney-in-factTerm Loan Principal$3,000,000.00THE CIT GROUP/BUSINESS CREDIT,INC, as Administrative Agent under the SeniorCredit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrowerunder the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower underthe Senior Credit AgreementBy:Name:Title:




---



##### 



Senior Debt
    
    Grand Central Asset Trust, SOH Series,as a Lender under the Senior Credit AgreementRevolving Loan Principal$By:
    
    /s/ Brian SchottLetter of Credit Exposure
    
    Name:
    
    Brian Schott$
    
    
    
    Title:
    
    Attorney-in-factTerm Loan Principal$
    5,400,000.00THE CIT GROUP/BUSINESS CREDIT,INC, as Administrative Agent under the SeniorCredit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrowerunder the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower underthe Senior Credit AgreementBy:Name:Title:




---



##### 



Senior Debt
    
    Jasper CLO, Ltd.,as a Lender under the Senior Credit AgreementRevolving Loan Principal$
0By:
    
    /s/ Brian LohrdingLetter of Credit Exposure
    
    Name:
    
    Brian Lohrding$
0
    
    
    
    Title:
    
    Treasurer, Strand Advisors, Inc.Term Loan Principal$ 3,000,000.00THE CIT GROUP/BUSINESS CREDIT,INC, as Administrative Agent under the SeniorCredit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrowerunder the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower underthe Senior Credit AgreementBy:Name:Title:




---



##### 



Senior Debt
    
    Liberty CLO, Ltd.,as a Lender under the Senior Credit AgreementRevolving Loan Principal$
0By:
    
    /s/ Brian LohrdingLetter of Credit Exposure
    
    Name:
    
    Brian Lohrding$
0
    
    
    
    Title:
    
    Treasurer, Strand Advisors, Inc.,
General Partner of Highland Capital Management, L.P.Term Loan Principal$
5,500,000.00THE CIT GROUP/BUSINESS CREDIT,INC, as Administrative Agent under the SeniorCredit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrowerunder the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower underthe Senior Credit AgreementBy:Name:Title:




---



##### 



Senior Debt
    
    Burnet Partners, LLC,as a Lender under the Senior Credit AgreementRevolving Loan Principal
  $ 0By:
    
    /s/ Brian LohrdingLetter of Credit Exposure
    
    Name:
    
    Brian Lohrding$ 0
    
    
    
    Title:
    
    Treasurer, Strand Advisors, Inc.,
General Partner of Highland Capital Management, L.P.Term Loan Principal$
2,000,000.00THE CIT GROUP/BUSINESS CREDIT,INC, as Administrative Agent under the SeniorCredit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrowerunder the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower underthe Senior Credit AgreementBy:Name:Title:




---



##### 



Senior Debt
    
    Rockwall CDO, Ltd.,as a Lender under the Senior Credit AgreementRevolving Loan Principal$
0By:
    
    /s/ Brian LohrdingLetter of Credit Exposure
    
    Name:
    
    Brian Lohrding$ 0
    
    

    

    Title:
    
    Treasurer, Strand Advisors, Inc.,
General Partner of Highland Capital Management, L.P.Term Loan Principal$
500,000.00THE CIT GROUP/BUSINESS CREDIT,INC, as Administrative Agent under the SeniorCredit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrowerunder the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower underthe Senior Credit AgreementBy:Name:Title:




---



##### 



Senior Debt
    
    Highland CDO Opportunity Fund, Ltd.,as a Lender under the Senior Credit AgreementRevolving Loan Principal$
0By:
    
    /s/ Brian LohrdingLetter of Credit Exposure
    
    Name:
    
    Brian Lohrding$ 0
    
    

    
    Title:
    
    Treasurer, Strand Advisors, Inc.,
General Partner of Highland Capital Management, L.P.Term Loan Principal$
1,100,000.00THE CIT GROUP/BUSINESS CREDIT,INC, as Administrative Agent under the SeniorCredit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrowerunder the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower underthe Senior Credit AgreementBy:Name:Title:




---



##### 



Senior Debt
    
    Highland Floating Rate LLC,as a Lender under the Senior Credit AgreementRevolving Loan Principal$
0By:
    
    /s/ M. Jason BlackburnLetter of Credit Exposure
    
    Name:
    
    M. Jason Blackburn$
0
    
    
    
    Title:
    
    TreasurerTerm Loan Principal$
4,000,000.00THE CIT GROUP/BUSINESS CREDIT,INC, as Administrative Agent under the SeniorCredit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrowerunder the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower underthe Senior Credit AgreementBy:Name:Title:




---



##### 



Senior Debt
    
    Highland Legacy Limited,as a Lender under the Senior Credit AgreementRevolving Loan Principal$
0By:
    
    /s/ Brian LohrdingLetter of Credit Exposure
    
    Name:
    
    Brian Lohrding$
0
    
    
    
    Title:
    
    Treasurer, Strand Advisors, Inc.Term Loan Principal$
3,000,000.00THE CIT GROUP/BUSINESS CREDIT,INC, as Administrative Agent under the SeniorCredit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrowerunder the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower underthe Senior Credit AgreementBy:Name:Title:




---



##### 



Senior Debt
    
    Loan Funding VII, LLC,as a Lender under the Senior Credit AgreementRevolving Loan Principal$
0By:
    
    /s/ Brian LohrdingLetter of Credit Exposure
    
    Name:
    
    Brian Lohrding$
0
    
    
    
    Title:
    
    Treasurer, Strand Advisors, Inc.,
General Partner of Highland Capital Management, L.P.Term Loan Principal$
2,500,000.00THE CIT GROUP/BUSINESS CREDIT,INC, as Administrative Agent under the SeniorCredit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrowerunder the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower underthe Senior Credit AgreementBy:Name:Title:




---



##### 



Senior Debt
    
    Highland Offshore Partners, L.P.,as a Lender under the Senior Credit AgreementRevolving Loan Principal$
0By:
    
    /s/ Brian LohrdingLetter of Credit Exposure
    
    Name:
    
    Brian Lohrding$
0
    
    
    
    Title:
    
    Treasurer, Strand Advisors, Inc.,
General Partner of Highland Capital Management, L.P.Term Loan Principal$
1,500,000.00THE CIT GROUP/BUSINESS CREDIT,INC, as Administrative Agent under the SeniorCredit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrowerunder the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower underthe Senior Credit AgreementBy:Name:Title:




---



##### 



Senior Debt
    
    Highland Credit Opportunities CDO Ltd.,as a Lender under the Senior Credit AgreementRevolving Loan Principal$
0By:
    
    /s/ Brian LohrdingLetter of Credit Exposure
    
    Name:
    
    Brian Lohrding$
0
    
    
    
    Title:
    
    Treasurer, Strand Advisors, Inc.,
General Partner of Highland Capital Management, L.P.Term Loan Principal$
3,000,000.00THE CIT GROUP/BUSINESS CREDIT,INC, as Administrative Agent under the SeniorCredit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrowerunder the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower underthe Senior Credit AgreementBy:Name:Title:




---



##### 



Senior Debt
    
    Highland Floating Rate Advantage Fund,as a Lender under the Senior Credit AgreementRevolving Loan Principal$
0By:
    
    /s/ M. Jason BlackburnLetter of Credit Exposure
    
    Name:
    
    M. Jason Blackburn$
0
    
    
    
    Title:
    
    TreasurerTerm Loan Principal$
4,000,000.00THE CIT GROUP/BUSINESS CREDIT,INC, as Administrative Agent under the SeniorCredit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrowerunder the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower underthe Senior Credit AgreementBy:Name:Title:




---



##### 



Senior Debt
    
    JPMorganChase Bank, N.A.,as a Lender under the Senior Credit AgreementRevolving Loan Principal$
    1,800,540.01By:
    
    /s/ Roberto RistorucciLetter of Credit Exposure
    
    Name:
    
    Roberto Ristorucci$
    N/A
    
    Title:
    
    Authorized SignatoryTerm Loan Principal$
    17,000,000.00THE CIT GROUP/BUSINESS CREDIT,INC, as Administrative Agent under the SeniorCredit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrowerunder the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower underthe Senior Credit AgreementBy:Name:Title:




---



##### 



Senior Debt
    
    LL Blue Marlin Funding LLC,as a Lender under the Senior Credit AgreementRevolving Loan Principal
     $By:
    
    /s/ Tara E. KennyLetter of Credit Exposure
    
    Name: Tara E. Kenny$
    
    Title: Authorized SignatoryTerm Loan Principal     
$14,000,000.00
 THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



- 59 -  Senior Debt
    
    Merril Lynch Credit Products, LLC,as a Lender under the Senior Credit AgreementRevolving Loan Principal
     $By:
    
    /s/ Neyda DariasLetter of Credit Exposure
    
    Name: Neyda Darias$
    
    Title: Vice PresidentTerm Loan Principal     
$8,250,000.00
 THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



- 60 -  Senior Debt
    
    Ocean Bank,as a Lender under the Senior Credit AgreementRevolving Loan Principal     
$11,304,347.83By:
    
    /s/ Eric J. TothLetter of Credit Exposure
    
    Name: Eric J. Toth$1,496,192.17
    
    Title: Senior Vice PresidentTerm Loan Principal     
$
 THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



- 61 -  Senior Debt
    
    Quadrangle Master Funding Ltd.,as a Lender under the Senior Credit AgreementRevolving Loan Principal     
$35,255,213By:
    
    /s/ Christopher SantanaLetter of Credit Exposure
    
    Name: Christopher Santana$4,666,219.00
    
    Title: Managing PrincipalTerm Loan Principal     
$110,368,634.00
 THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



- 62 -  Senior Debt
    
    Centurion CDO 10, Ltd.,as a Lender under the Senior Credit AgreementRevolving Loan Principal
     $By:
    
    /s/ Robin C. StancilLetter of Credit Exposure
    
    Name: Robin C. Stancil$
    
    Title: Director of OperationsTerm Loan Principal     
$2,000,000.00
 THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



- 63 -  Senior Debt
    
    Centurion CDO XI, Ltd.,as a Lender under the Senior Credit AgreementRevolving Loan Principal
     $By:
    
    /s/ Robin C. StancilLetter of Credit Exposure
    
    Name: Robin C. Stancil$
    
    Title: Director of OperationsTerm Loan Principal     
$2,000,000.00
 THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



- 64 -  Senior Debt
    
    Centurion CDO 8, Limited,as a Lender under the Senior Credit AgreementRevolving Loan Principal
     $By:
    
    /s/ Robin C. StancilLetter of Credit Exposure
    
    Name: Robin C. Stancil$
    
    Title: Director of OperationsTerm Loan Principal     
$2,170,000.00
 THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



- 65 -  Senior Debt
    
    Centurion CDO 9, Ltd.,as a Lender under the Senior Credit AgreementRevolving Loan Principal
     $By:
    
    /s/ Robin C. StancilLetter of Credit Exposure
    
    Name: Robin C. Stancil$
    
    Title: Director of OperationsTerm Loan Principal     
$2,900,000.00
 THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



- 66 -  Senior Debt
    
    Centurion CDO II, Ltd.,as a Lender under the Senior Credit AgreementRevolving Loan Principal
     $By:
    
    /s/ Robin C. StancilLetter of Credit Exposure
    
    Name: Robin C. Stancil$
    
    Title: Director of OperationsTerm Loan Principal     
$2,000,000.00
 THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



- 67 -  Senior Debt
    
    Centurion CDO VI, Ltd.,as a Lender under the Senior Credit AgreementRevolving Loan Principal
     $By:
    
    /s/ Robin C. StancilLetter of Credit Exposure
    
    Name: Robin C. Stancil$
    
    Title: Director of OperationsTerm Loan Principal     
$1,450,000.00
 THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



- 68 -  Senior Debt
    
    Sequils-Centurion V, Ltd.,as a Lender under the Senior Credit AgreementRevolving Loan Principal
     $By:
    
    /s/ Robin C. StancilLetter of Credit Exposure
    
    Name: Robin C. Stancil$
    
    Title: Director of OperationsTerm Loan Principal     
$4,500,000.00
 THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



- 69 -  Senior Debt
    
    Centurion CDO VII, Ltd.,as a Lender under the Senior Credit AgreementRevolving Loan Principal
     $By:
    
    /s/ Robin C. StancilLetter of Credit Exposure
    
    Name: Robin C. Stancil$
    
    Title: Director of OperationsTerm Loan Principal     
$3,980,000.00
 THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



- 70 -  Senior Debt
    
    RiverSource Floating Rate Fund,as a Lender under the Senior Credit AgreementRevolving Loan Principal
     $By:
    
    /s/ Robin C. StancilLetter of Credit Exposure
    
    Name: Robin C. Stancil$
    
    Title: Director of OperationsTerm Loan Principal     
$1,000,000.00
 THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



- 71 -  Senior Debt
    
    Van Kampen Senior Loan Fund,as a Lender under the Senior Credit AgreementRevolving Loan Principal     

$2,037,957.50By:
    
    /s/ Robert P. DrobnyLetter of Credit Exposure
    
    Name: Robert P. Drobny$462,042.50
    
    Title: Vice PresidentTerm Loan Principal     
$1,000,000.00
 THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



- 72 -  Senior Debt
    
    Van Kampen Dynamic Credit Opportunities Fund, as a Lender under the Senior Credit AgreementRevolving Loan Principal
     $By:
    
    /s/ Christina JamiesonLetter of Credit Exposure
    
    Name: Christina Jamieson$
    
    Title:Term Loan Principal     
$1,000,000.00
 THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



- 73 -  Senior Debt
    
    Van Kampen Senior Income Trust,as a Lender under the Senior Credit AgreementRevolving Loan Principal     

$2,037,957.50By:
    
    /s/ Robert P. DrobnyLetter of Credit Exposure
    
    Name: Robert P. Drobny$462,042.50
    
    Title: Vice PresidentTerm Loan Principal     
$1,000,000.00
 THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



- 74 -  Senior Debt
    
    The Foothills Group, Inc.,as a Lender under the Senior Credit AgreementRevolving Loan Principal
     $By:
    
    /s/ Dennis R. AscherLetter of Credit Exposure
    
    Name: Dennis R. Ascher$
    
    Title: Senior Vice PresidentTerm Loan Principal     
$10,000,000.00
 THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



- 75 -  Senior Debt
    
    ,as a Lender under the Senior Credit AgreementRevolving Loan Principal
     $By:Letter of Credit Exposure
    
    Name:$
    
    Title:Term Loan Principal     
$
 THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:
    
    /s/ Jerome SanzoName: Jerome SanzoTitle: Managing DirectorEH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:Name:Title:TE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:Name:Title:




---



##### 



- 76 -  Senior Debt
    
    ,as a Lender under the Senior Credit AgreementRevolving Loan Principal
     $By:Letter of Credit Exposure
    
    Name:$
    
    Title:Term Loan Principal   
  $
 THE CIT GROUP/BUSINESS CREDIT,
INC, as Administrative Agent under the Senior
Credit AgreementBy:Name:Title:EH/TRANSEASTERN, LLC,as Borrower
under the Senior Credit AgreementBy:
    
    /s/ Sorana GeorgescuName: Sorana GeorgescuTitle: Vice President and SecretaryTE/TOUSA SENIOR LLC,as Borrower under
the Senior Credit AgreementBy:
    
    /s/ Sorana GeorgescuName: Sorana GeorgescuTitle: Secretary




---



##### 



- 77 - TOUSA, INC.f/k/a Technical Olympic USA,
Inc.,as a Transaction Party under the Senior Credit AgreementBy:
    
    /s/ Paul BerkowitzName: Paul BerkowitzTitle: Executive Vice PresidentTOUSA HOMES, L.P.,as a Transaction Party
under the Senior Credit AgreementBy:
    
    /s/ Paul BerkowitzName: Paul BerkowitzTitle: Executive Vice PresidentTE/TOUSA, LLC,as a Transaction Party under
the Senior Credit AgreementBy:
    
    /s/ Paul BerkowitzName: Paul BerkowitzTitle: Executive Vice PresidentTE/TOUSA MEZZANINE TWO, LLC,
as a Transaction Party under the Senior Credit
AgreementBy:
    
    /s/ Paul BerkowitzName: Paul BerkowitzTitle: Executive Vice PresidentTE/TOUSA MEZZANINE, LLC,as a
Transaction Party under the Senior Credit
AgreementBy:
    
    /s/ Paul BerkowitzName: Paul BerkowitzTitle: Executive Vice President




---



##### 



- 78 - ANNEX A