Common use of Means Not Applicable Clause in Contracts

Means Not Applicable. Note: This Cross Reference Table shall not, for any purpose, be deemed to be part of the Indenture. THIS INDENTURE, between AV Homes, Inc., a Delaware corporation (hereinafter called the “Company,” as more fully defined in Section 1.01), and [ ], as trustee (hereinafter called the “Trustee,” as more fully defined in Section 1.01), is made and entered into as of this day of , . The Company, for its lawful corporate purposes, has duly authorized the execution and delivery of this Indenture to provide for the issuance of its unsecured subordinated debentures, notes, bonds and other evidences of indebtedness (the “Securities”) to be issued and delivered in one or more fully registered series, and to provide the terms and conditions upon which the Securities are to be authenticated, issued and delivered. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done. To set forth or to provide for the establishment of the terms and conditions upon which the Securities are and are to be authenticated, issued, and delivered, and in consideration of the premises thereof, and the purchase of Securities by the Holders (as hereinafter defined) thereof, it is mutually covenanted and agreed as follows, for the equal and proportionate benefit of all Holders from time to time of the Securities or of any series thereof, as the case may be:

Means Not Applicable. Note: This Cross Reference Table shall not, for any purpose, be deemed to be part of the Indenture. THIS INDENTURE, between AV Homes, Avatar Holdings Inc., a Delaware corporation (hereinafter called the “Company,” as more fully defined in Section 1.01), and [ ]Wilmington Trust FSB, a federal savings bank, as trustee (hereinafter called the “Trustee,” as more fully defined in Section 1.01), is made and entered into as of this 4th day of February, 2011. The Company, for its lawful corporate purposes, has duly authorized the execution and delivery of this Indenture to provide for the issuance of its unsecured subordinated debentures, notes, bonds and other evidences of indebtedness (the “Securities”) to be issued and delivered in one or more fully registered series, and to provide the terms and conditions upon which the Securities are to be authenticated, issued and delivered. All things necessary to make this Indenture a valid agreement of the Company, in accordance with its terms, have been done. To set forth or to provide for the establishment of the terms and conditions upon which the Securities are and are to be authenticated, issued, and delivered, and in consideration of the premises thereof, and the purchase of Securities by the Holders (as hereinafter defined) thereof, it is mutually covenanted and agreed as follows, for the equal and proportionate benefit of all Holders from time to time of the Securities or of any series thereof, as the case may be: