EX-25.1 5 d233849dex251.htm STATEMENT OF ELIGIBILITY AND QUALIFICATION OF U.S. BANK NATIONAL ASSOCIATION Statement of Eligibility and Qualification of U.S. Bank National Association

Exhibit 25.1

 

 

 

UNITED STATES

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)

 

 

Muriel Shaw

U.S. Bank National Association

1349 West Peachtree Street

Suite 1050

Atlanta, Georgia 30309

(404) 898-8822

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

 

 

KB Home

(Issuer with respect to the Securities)

 

 

 

Delaware   95-3666267

(State or other jurisdiction of

incorporation or organization)

  

(I.R.S. Employer

Identification No.)

10990 Wilshire Boulevard

Los Angeles, California

   90024
(Address of principal executive offices)  

(Zip Code)

 

 

Senior Debt Securities

(Title of the indenture securities)

 

 

 

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.

Federal Deposit Insurance Company

Washington, D.C.

The Board of Governors of the Federal Reserve System

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.-14. Items 3 – 14 are not applicable because, to the best of the knowledge of U.S. Bank National Association (the “Trustee”), the obligor is not in default under any Indenture for which the Trustee acts as Trustee.

 

Item 15. Item 15 is not applicable because the Trustee is not a foreign trustee.

 

Item 16. List of Exhibits.

List below all exhibits filed as a part of this statement of eligibility; provided that exhibits identified in parentheses are filed with the Commission and are incorporated herein by reference as exhibits hereto pursuant to Rule 7a-29 under the Trust Indenture Act of 1939, as amended, and 17 C.F.R. 229.10(d).

 

  1. A copy of the articles of association of the Trustee as now in effect. (Incorporated by reference to Exhibit 25.1 to Amendment No. 2 to registration statement on S-4, Registration Number 333-128217 filed on November 15, 2005)

 

  2. A copy of the certificate of authority of the Trustee to commence business is attached as Exhibit 2.

 

  3. A copy of the authorization of the Trustee to exercise corporate trust powers is attached as Exhibit 3.

 

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  4. A copy of the existing by-laws of the Trustee as now in effect. (Incorporated by reference to Exhibit 25.1 to registration statement on S-4, Registration Number 333-166527 filed on May 5, 2010).

 

  5. A copy of each indenture referred to in Item 4, if the obligor is in default.

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. A copy of the latest report of condition of the Trustee published pursuant to law or the requirements of its supervising or examining authority as of the close of business on June 30, 2011, attached as Exhibit 7.

 

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SIGNATURE

Pursuant to the requirements of the Trust Indenture Act of 1939 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 Atlanta, State of Georgia, on the 20th day of September, 2011.

 

U.S. BANK NATIONAL ASSOCIATION
By:   /s/ Muriel Shaw
 

Muriel Shaw

Assistant Vice President

 

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Exhibit 2

LOGO

 

 

Comptroller of the Currency

Administrator of National Banks

 

 

Washington, DC 20219

CERTIFICATE OF CORPORATE EXISTENCE

I, John Walsh, Acting Comptroller of the Currency, do hereby certify that:

1. The Comptroller of the Currency, pursuant to Revised Statutes 324, et seq., as amended, 12 U.S.C. 1, et seq., as amended, has possession, custody and control of all records pertaining to the chartering, regulation and supervision of all National Banking Associations.

2. “U.S. Bank National Association,” Cincinnati, Ohio, (Charter No. 24), is a National Banking Association formed under the laws of the United States and is authorized thereunder to transact the business of banking on the date of this Certificate.

 

LOGO                             IN TESTIMONY WHERE OF, I have hereunto subscribed my name and caused my seal of office to be affixed to these presents at the Treasury Department, in the City of Washington and District of Columbia, this September 9, 2010.
   /s/ John Walsh   
   Acting Comptroller of the Currency   

 

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Exhibit 3

LOGO

 

 

Comptroller of the Currency

Administrator of National Banks

 

 

Washington, DC 20219

CERTIFICATE OF FIDUCIARY POWERS

I, John Walsh, Acting Comptroller of the Currency, do hereby certify that:

1. The Comptroller of the Currency, pursuant to Revised Statutes 324, et seq., as amended, 12 U.S.C. 1, et seq., as amended, has possession, custody and control of all records pertaining to the chartering, regulation and supervision of all National Banking Associations.

2. “U.S. Bank National Association,” Cincinnati, Ohio, (Charter No. 24), was granted, under the hand and seal of the Comptroller, the right to act in all fiduciary capacities authorized under the provisions of the Act of Congress approved September 28, 1962, 76 Stat.668, 12 U.S.C. 92 a, and that the authority so granted remains in full force and effect on the date of this Certificate.

 

LOGO                             IN TESTIMONY WHERE OF, I have hereunto subscribed my name and caused my seal of office to be affixed to these presents at the Treasury Department, in the City of Washington and District of Columbia, this September 9, 2010.
   /s/ John Walsh   
   Acting Comptroller of the Currency   

 

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Exhibit 6

CONSENT OF TRUSTEE

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: September 20, 2011

 

U.S. BANK NATIONAL ASSOCIATION
By:   /s/ Muriel Shaw
  Muriel Shaw
  Assistant Vice President

 

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Exhibit 7

U.S. Bank National Association

Statement of Financial Condition

AS OF 6/30/2011

($000’s)

 

     6/30/2011  

Assets

   

Cash and Balances Due From Depository Institutions

    $ 15,249,371   

Securities

      63,952,096   

Federal Funds

      15,876   

Loans & Lease Financing Receivables

      190,017,874   

Fixed Assets

      5,231,718   

Intangible Assets

      13,050,819   

Other Assets

      22,581,835   
  

 

 

  

Total Assets

    $ 310,099,589   

Liabilities

   

Deposits

    $ 218,820,466   

Fed Funds

      7,695,079   

Treasury Demand Notes

      0   

Trading Liabilities

      550,498   

Other Borrowed Money

      33,124,842   

Acceptances

      0   

Subordinated Notes and Debentures

      7,679,246   

Other Liabilities

      8,693,748   
  

 

 

  

Total Liabilities

    $ 276,563,879   

Equity

   

Minority Interest in Subsidiaries

    $ 1,821,732   

Common and Preferred Stock

      18,200   

Surplus

      14,136,872   

Undivided Profits

      17,558,906   
  

 

 

  

Total Equity Capital

    $ 33,535,710   

Total Liabilities and Equity Capital

    $ 310,099,589   

 

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