AGREEMENT AND THE OTHER LOAN DOCUMENTS
EMBODY THE FINAL, ENTIRE AGREEMENT AMONG THE
4
PARTIES HERETO AND THERETO AND SUPERSEDE ANY AND ALL PRIOR COMMITMENTS,
AGREEMENTS, REPRESENTATIONS, AND UNDERSTANDINGS, WHETHER WRITTEN OR ORAL,
RELATING TO THE SUBJECT MATTER HEREOF AND THEREOF AND MAY NOT BE CONTRADICTED OR
VARIED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OR
DISCUSSIONS OF THE PARTIES HERETO OR THERETO. THERE ARE NO ORAL AGREEMENTS AMONG
THE PARTIES HERETO OR THERETO. THE PROVISIONS OF THIS AGREEMENT AND THE OTHER
LOAN DOCUMENTS MAY BE AMENDED OR WAIVED ONLY BY AN INSTRUMENT IN WRITING SIGNED
BY THE RESPECTIVE PARTIES TO SUCH DOCUMENTS.
[The remainder of this page is intentionally left blank. The signature pages
follow.]
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EXECUTED to be effective as of the date first above written.
ADMINISTRATIVE AGENT:
TEXAS CAPITAL BANK,
NATIONAL ASSOCIATION
By:
/s/ Carolynn Alexander Name:
Carolynn Alexander Title:
Sr. Vice
President
LENDER:
BMO HARRIS BANK N.A.,
By:
/s/ Michael M. Mattick Name:
Michael M. Mattick Title:
Authorized
Officer
BORROWER:
CENTURY COMMUNITIES, INC.,
a Delaware corporation
By:
/s/ David Messenger Name:
David Messenger Title:
Chief Financial
Officer
GUARANTOR:
BMC REALTY ADVISORS, INC.,
a California corporation
By:
/s/ David Messenger Name:
David Messenger Title:
Authorized Signatory
AUGUSTA POINTE, LLC,
AVALON AT INVERNESS, LLC,AVR A, LLC,
AVR B, LLC,
AVR C, LLC,
BEACON POINTE, LLC,
BLACKSTONE HOMES, LLC,
CC COMMUNITIES, LLC,
CCC HOLDINGS, LLC,
CCH HOMES, LLC,
CENTURY AT ANTHOLOGY, LLC,
CENTURY AT ASH MEADOWS, LLC,
CENTURY AT AUTUMN VALLEY RANCH, LLC,
CENTURY AT BEACON POINTE, LLC,
CENTURY AT BELLEVIEW PLACE, LLC,
CENTURY AT CALEY, LLC,
CENTURY AT CANDELAS, LLC,
CENTURY AT CAROUSEL FARMS, LLC,
CENTURY AT CASTLE PINES TOWN CENTER, LLC,
CENTURY AT CLAREMONT RANCH, LLC,
CENTURY AT COLLIERS HILL, LLC,
CENTURY AT COMPARK VILLAGE NORTH, LLC,
CENTURY AT COMPARK VILLAGE SOUTH, LLC,
CENTURY AT COYOTE CREEK, LLC,
CENTURY AT FOREST MEADOWS, LLC,
CENTURY AT HARVEST MEADOWS, LLC,
CENTURY AT LANDMARK, LLC,
CENTURY AT LITTLETON VILLAGE, LLC,
CENTURY AT LITTLETON VILLAGE II, LLC,
CENTURY AT LOR, LLC,
CENTURY AT LOWRY, LLC,
CENTURY AT MARVELLA, LLC,
CENTURY AT MAYFIELD, LLC,
CENTURY AT MIDTOWN, LLC,
CENTURY AT MILLENNIUM, LLC,
CENTURY AT MURPHY CREEK, LLC,
CENTURY AT OAK STREET, LLC,
CENTURY AT OBSERVATORY HEIGHTS, LLC,
CENTURY AT OUTLOOK, LLC,
CENTURY AT PEARSON GROVE, LLC,
CENTURY AT SALISBURY HEIGHTS, LLC,
CENTURY AT SOUTHSHORE, LLC,
CENTURY AT SPRING VALLEY RANCH, LLC,
CENTURY AT TANGLEWOOD, LLC,
CENTURY AT TERRAIN, LLC,
CENTURY AT THE GROVE, LLC,
CENTURY AT THE HEIGHTS, LLC,
CENTURY AT THE MEADOWS, LLC,
CENTURY AT VISTA RIDGE, LLC,
CENTURY AT WILDGRASS, LLC,
CENTURY AT WOLF RANCH, LLC,
CENTURY AT WYNDHAM HILL, LLC,
CENTURY CITY, LLC,
CENTURY COMMUNITIES OF GEORGIA, LLC,
CENTURY COMMUNITIES SOUTHEAST, LLC,
CENTURY GROUP LLC,
CENTURY LAND HOLDINGS, LLC,
CENTURY LAND HOLDINGS II, LLC,
CENTURY LAND HOLDINGS OF TEXAS, LLC,
CENTURY TOWNHOMES AT CANDELAS, LLC,
CHERRY HILL PARK, LLC,
COTTAGES AT WILLOW PARK, LLC,
CROWN HILL, LLC,
ENCLAVE AT BOYD PONDS, LLC,
ENCLAVE AT CHERRY CREEK, LLC,
ENCLAVE AT PINE GROVE,