EX-25.1 67 a2126596zex-25_1.htm EXHIBIT 25.1
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Exhibit 25.1



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)


U.S. BANK NATIONAL ASSOCIATION
(Exact name of Trustee as specified in its charter)

31-0841368
I.R.S. Employer Identification No.

800 Nicollet Mall
Minneapolis, Minnesota
    
55402
(Address of principal executive offices)   (Zip Code)

Richard Prokosch
U.S. Bank National Association
60 Livingston Avenue
St. Paul, MN 55107
(651) 495-3918
(Name, address and telephone number of agent for service)

Beazer Homes USA, Inc.
(Issuer with respect to the Securities)

Delaware   58-2086934
(State or other jurisdiction of incorporation or organization)   (I.R.S. Employer Identification No.)

1000 Abernathy Road, Suite 1200
Atlanta, Georgia

 

 
30328
(Address of Principal Executive Offices)   (Zip Code)

61/2% Senior Notes Due 2013
(Title of the Indenture Securities)





FORM T-1

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.

          Comptroller of the Currency
          Washington, D.C.

      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


Items 3-15    Items 3-15 are not applicable because to the best of the Trustee's knowledge, the obligor is not in default under any Indenture for which the Trustee acts as Trustee.


Item 16.    LIST OF EXHIBITS:    List below all exhibits filed as a part of this statement of eligibility and qualification.

      1.
      A copy of the Articles of Association of the Trustee.*

      2.
      A copy of the certificate of authority of the Trustee to commence business.*

      3.
      A copy of the certificate of authority of the Trustee to exercise corporate trust powers.*

      4.
      A copy of the existing bylaws of the Trustee.*

      5.
      A copy of each Indenture referred to in Item 4. Not applicable.

      6.
      The consent of the Trustee required by Section 321(b) of the Trust Indenture Act of 1939, attached as Exhibit 6.

      7.
      Report of Condition of the Trustee as of September 30, 2003, published pursuant to law or the requirements of its supervising or examining authority, attached as Exhibit 7.

*
Incorporated by reference to Registration Number 333-67188.

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NOTE

        The answers to this statement insofar as such answers relate to what persons have been underwriters for any securities of the obligors within three years prior to the date of filing this statement, or what persons are owners of 10% or more of the voting securities of the obligors, or affiliates, are based upon information furnished to the Trustee by the obligors. While the Trustee has no reason to doubt the accuracy of any such information, it cannot accept any responsibility therefor.


SIGNATURE

        Pursuant to the requirements of the Trust Indenture Act of 1939, as amended, the Trustee, U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America, has duly caused this statement of eligibility and qualification to be signed on its behalf by the undersigned, thereunto duly authorized, all in the City of St. Paul, State of Minnesota on the 7th day of January, 2004.

 
   
   
   
        U.S. BANK NATIONAL ASSOCIATION

 

 

 

 

By:

 

/s/  
RICHARD PROKOSCH      
Richard Prokosch
Vice President

By:

 

/s/  
BENJAMIN J. KRUEGER      
Benjamin J. Krueger
Trust Officer

 

 

 

 

3


Exhibit 6


CONSENT

        In accordance with Section 321(b) of the Trust Indenture Act of 1939, the undersigned, U.S. BANK NATIONAL ASSOCIATION hereby consents that reports of examination of the undersigned by Federal, State, Territorial or District authorities may be furnished by such authorities to the Securities and Exchange Commission upon its request therefor.

Dated: January 7, 2004

 
   
   
   
        U.S. BANK NATIONAL ASSOCIATION

 

 

 

 

By:

 

/s/  
RICHARD PROKOSCH      
Richard Prokosch
Vice President

By:

 

/s/  
BENJAMIN J. KRUEGER      
Benjamin J. Krueger
Trust Officer

 

 

 

 

4


Exhibit 7


U.S. Bank National Association
Statement of Financial Condition
As of 9/30/2003
($000's)

 
  9/30/2003
Assets      
  Cash and Due From Depository Institutions   $ 9,363,408
  Federal Reserve Stock     0
  Securities     34,719,100
  Federal Funds     2,322,794
  Loans & Lease Financing Receivables     118,943,010
  Fixed Assets     1,915,381
  Intangible Assets     9,648,952
  Other Assets     9,551,844
   
    Total Assets   $ 186,464,489

Liabilities

 

 

 
  Deposits   $ 122,910,311
  Fed Funds     6,285,092
  Treasury Demand Notes     3,226,368
  Trading Liabilities     246,528
  Other Borrowed Money     21,879,472
  Acceptances     145,666
  Subordinated Notes and Debentures     6,148,678
  Other Liabilities     5,383,119
   
    Total Liabilities   $ 166,225,234

Equity

 

 

 
  Minority Interest in Subsidiaries   $ 1,003,166
  Common and Preferred Stock     18,200
  Surplus     11,676,398
  Undivided Profits     7,541,491
   
    Total Equity Capital   $ 20,239,255

Total Liabilities and Equity Capital

 

$

186,464,489

To the best of the undersigned's determination, as of the date hereof, the above financial information is true and correct.

U.S. Bank National Association

By:   /s/  RICHARD PROKOSCH      
Vice President
   

Date:

 

January 7, 2004

 

 

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FORM T-1
NOTE
SIGNATURE
CONSENT
U.S. Bank National Association Statement of Financial Condition As of 9/30/2003 ($000's)