EX-25.3 9 d16798exv25w3.htm FORM T-1 STATEMENT - JUNIOR SUBORDINATED DEBT SECURITIES exv25w3
 

EXHIBIT 25.3



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)


JPMORGAN CHASE BANK

(Exact name of trustee as specified in its charter)
     
New York   13-4994650
(State of incorporation   (I.R.S. employer
if not a national bank)   identification No.)
     
270 Park Avenue    
New York, New York   10017
(Address of principal executive offices)   (Zip Code)

Thomas F. Godfrey
Vice President and Assistant General Counsel
JPMorgan Chase Bank
1 Chase Manhattan Plaza, 25th Floor
New York, NY 10081
Telephone: (212) 552-2192

(Name, address and telephone number of agent for service)

CENTEX CORPORATION

(Exact name of obligor as specified in its charter)
     
Nevada   75-0778259
(State or other jurisdiction of   (I.R.S. employer
incorporation or organization)   identification No.)
     
2728 North Harwood    
Dallas, Texas   75201
(Address of principal executive offices)   (Zip Code)

Junior Subordinated Debt Securities
(Title of the indenture securities)



 


 

GENERAL

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.

New York State Banking Department, State House, Albany, New York 12110.

Board of Governors of the Federal Reserve System, Washington, D.C., 20551

Federal Reserve Bank of New York, District No. 2, 33 Liberty Street, New York, New York

Federal Deposit Insurance Corporation, Washington, D.C., 20429.

     (b) Whether it is authorized to exercise corporate trust powers.

Yes.

Item 2. Affiliations with the Obligor and Guarantors.

     If the obligor or any Guarantor is an affiliate of the trustee, describe each such affiliation.

None.

Items 3 through 15, inclusive, are not applicable by virtue of T-1 General Instruction B.

[REMAINDER OF PAGE INTENTIONALLY BLANK]

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Item 16. List of Exhibits

     List below all exhibits filed as a part of this Statement of Eligibility.

     1. A copy of the Restated Organization Certificate of the Trustee dated March 25, 1997 and the Certificate of Amendment dated October 22, 2001 (see Exhibit 1 to Form T-1 filed in connection with Registration Statement No. 333-76894, which is incorporated by reference.)

     2. A copy of the Certificate of Authority of the Trustee to Commence Business (see Exhibit 2 to Form T-1 filed in connection with Registration Statement No. 33-50010, which is incorporated by reference). On November 11, 2001, in connection with the merger of The Chase Manhattan Bank and Morgan Guaranty Trust Company of New York, the surviving corporation was renamed JPMorgan Chase Bank.

     3. None, authorization to exercise corporate trust powers being contained in the documents identified above as Exhibits 1 and 2.

     4. A copy of the existing By-Laws of the Trustee (see Exhibit 4 to Form T-1 filed in connection with Registration Statement No. 333-76894, which is incorporated by reference.)

     5. Not applicable.

     6. The consent of the Trustee required by Section 321(b) of the Act (see Exhibit 6 to Form T-1 filed in connection with Registration Statement No. 33-50010, which is incorporated by reference). On November 11, 2001, in connection with the merger of The Chase Manhattan Bank and Morgan Guaranty Trust Company of New York, the surviving corporation was renamed JPMorgan Chase Bank.

     7. A copy of the latest report of condition of the Trustee, published pursuant to law or the requirements of its supervising or examining authority.

     8. Not applicable.

     9. Not applicable.

SIGNATURE

     Pursuant to the requirements of the Trust Indenture Act of 1939 the Trustee, JPMorgan Chase Bank, a corporation organized and existing under the laws of the State of New York, has duly caused this statement of eligibility to be signed on its behalf by the undersigned, thereunto duly authorized, all in the City of Houston and State of Texas, on the 19th day of July, 2004.
         
  JPMORGAN CHASE BANK
 
 
  By /s/ Carol Logan    
  Carol Logan   
  Vice President   
 

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Exhibit 7 to Form T-1

Bank Call Notice

RESERVE DISTRICT NO. 2
CONSOLIDATED REPORT OF CONDITION OF

JPMorgan Chase Bank
of 270 Park Avenue, New York, New York 10017
and Foreign and Domestic Subsidiaries,
a member of the Federal Reserve System,

at the close of business March 31, 2004, in
accordance with a call made by the Federal Reserve Bank of this
District pursuant to the provisions of the Federal Reserve Act.

               
    Dollar Amounts
    in Millions
ASSETS
             
Cash and balances due from depository institutions:
             
Noninterest-bearing balances and currency and coin
    $ 19,589  
Interest-bearing balances
        35,104  
Securities:
             
Held to maturity securities
        156  
Available for sale securities
        64,028  
Federal funds sold and securities purchased under agreements to resell
             
Federal funds sold in domestic offices
          30,180  
Securities purchased under agreements to resell
        74,963  
Loans and lease financing receivables:
             
Loans and leases held for sale
        19,061  
Loans and leases, net of unearned income
  $ 163,825    
Less: Allowance for loan and lease losses
    2,771      
Loans and leases, net of unearned income and allowance
        161,054  
Trading Assets
        191,989  
Premises and fixed assets (including capitalized leases)
        5,959  
Other real estate owned
        118  
Investments in unconsolidated subsidiaries and associated companies
        837  
Customers’ liability to this bank on acceptances outstanding
        203  
Intangible assets
           
Goodwill
        2,539  
Other Intangible assets
        4,521  
Other assets
        38,391  
TOTAL ASSETS
    $ 648,692  

 


 

                 
                 
LIABILITIES
             
Deposits
             
In domestic offices
    $ 210,211  
Noninterest-bearing
  $ 80,262    
Interest-bearing
    129,949      
In foreign offices, Edge and Agreement subsidiaries and IBF’s
        120,623  
Noninterest-bearing
  $ 7,920    
Interest-bearing
    112,703      
Federal funds purchased and securities sold under agreements to repurchase:
             
Federal funds purchased in domestic offices
        6,480  
Securities sold under agreements to repurchase
        102,641  
Trading liabilities
        114,412  
Other borrowed money (includes mortgage indebtedness and obligations under capitalized leases)
        20,692  
Bank’s liability on acceptances executed and outstanding
        203  
Subordinated notes and debentures
        8,039  
Other liabilities
        26,877  
TOTAL LIABILITIES
        610,178  
Minority Interest in consolidated subsidiaries
        346  
EQUITY CAPITAL
               
Perpetual preferred stock and related surplus
            0  
Common stock
            1,785  
Surplus (exclude all surplus related to preferred stock)
            16,318  
Retained earnings
            20,049  
Accumulated other comprehensive income
            16  
Other equity capital components
            0  
TOTAL EQUITY CAPITAL
            38,168  
 
           
 
TOTAL LIABILITIES, MINORITY INTEREST, AND EQUITY CAPITAL
      $ 648,692  
 
           
 
 

I, Joseph L. Sclafani, E.V.P. & Controller of the above-named
bank, do hereby declare that this Report of Condition has
been prepared in conformance with the instructions issued
by the appropriate Federal regulatory authority and is true
to the best of my knowledge and belief.

JOSEPH L. SCLAFANI

We, the undersigned directors, attest to the correctness
of this Report of Condition and declare that it has been
examined by us, and to the best of our knowledge and
belief has been prepared in conformance with the in-
structions issued by the appropriate Federal regulatory
authority and is true and correct.

             
WILLIAM B. HARRISON, JR.
    )      
ELLEN V. FUTTER
    )     DIRECTORS
FRANK A. BENNACK, JR.
    )