EX-4.6 3 0003.txt CERTIFICATE OF TRUST FOR DRH CAPITAL TRUST II Exhibit 4.6 ----------- CERTIFICATE OF TRUST OF DRH CAPITAL TRUST II This Certificate of Trust of DRH Capital Trust II (the "Trust") is being duly executed and filed on behalf of the Trust by the undersigned, as trustee, to form a business trust under the Delaware Business Trust Act (12 Del. C. ss 3801 et seq.) (the "Act"). 1. Name. The name of the business trust formed by this Certificate of Trust is DRH Capital Trust II. 2. Delaware Trustee. The name and business address of the trustee of the Trust in the State of Delaware are Adrianne M. Horne, 1209 Orange Street, City of Wilmington, County of New Castle, Delaware 19801. 3. Effective Date. This Certificate of Trust shall be effective upon filing. IN WITNESS WHEREOF, the undersigned has duly executed this Certificate of Trust in accordance with Section 3811(a)(1) of the Act. /s/ --------------------------------------------- Adrianne M. Horne, as Delaware Trustee /s/ --------------------------------------------- Donald R. Horton, as Administrative Trustee /s/ --------------------------------------------- Donald J. Tomnitz, as Administrative Trustee