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HomeMy WebLinkAboutCC - Articles of Incorporation Delaware Page 1 The First State I, CHARUNI PATIBANDA—SANCHEZ, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF FORMATION OF "MAGNOLIA EAST DAYSPRING OWNER, LLC", FILED IN THIS OFFICE ON THE TWENTIETH DAY OF JANUARY, A.D. 2026, AT 2:19 O'CLOCK P.M. Charuni Ps.ibi-Iis-8all Se=-etaryolSrete � qs 10478516 8100 � Authentication: 202866377 SR# 20260215863 AwFL Date: 01-20-26 You may verify this certificate online at corp.delaware.gov/authver.shtml State of Delaware Secretary of State Division of Corporations Delivered 02:19 PM 01/20/2026 STATE OF DELAWARE FILED 02:19 PM O112 012 02 6 SR 20260215863 - File Number 10478516 CERTIFICATE OF FORMATION OF LIMITED LIABILITY COMPANY The undersigned authorized person, desiring to form a limited liability company pursuant to the Limited Liability Company Act of the State of Delaware,hereby certifies as follows: 1. The name of the limited liability company is Magnolia East Dayspring Owner, LLC 2. The Registered Office of the limited liability company in the State of Delaware is located at 1209 Orange Street (street), in the City of Wilmington , Zip Code 19801 . The name of the Registered Agent at such address upon whom process against this limited liability company may be served is The Corporation Trust Company By. Authorized Person Name: David Levine Print or Type Docusign Envelope ID:0043D456-47AE-426B-9277-FA746497D308 WRITTEN CONSENT OF THE SOLE MEMBER OF MAGNOLIA EAST DAYSPRING OWNER,LLC March 31,2026 Officer Authority The undersigned,being the sole member(the"Sole Member")of Magnolia East Dayspring Owner, LLC, a Delaware limited liability company (the "Company"), hereby takes the following actions, adopts the following preambles and resolutions, and transacts the following business by written consent without a meeting,effective as of the date above written,pursuant to the provisions of the Limited Liability Company Agreement of the Company dated as of February 6, 2026 (the "Operating Agreement") authorizing the Company to so act. WHEREAS,pursuant to Section 15 of the Operating Agreement,the Sole Member may from time to time as it deems advisable, appoint officers of the Company and assign in writing titles (including, without limitation,President,Vice President, Secretary, and Treasurer)to any such person; WHEREAS,pursuant to Section 15 of the Operating Agreement,the Sole Member appointed the below person as an executive officer of the Company, to serve in the position set forth opposite his name (the"Authorized Officer"); and Officer Title Dan McCann President WHEREAS, the Sole Member deems it advisable and in the best interests of the Company to confirm the responsibility and authority of the Authorized Officer. NOW, THEREFORE, BE IT RESOLVED, that, in connection with his appointment as an executive officer,the Authorized Officer be and hereby is authorized and directed to negotiate,complete, execute, acknowledge, deliver and perform any agreement, document, certificate, letter, or other instrument, and to take any and all further actions in the name and on behalf of the Company, all in accordance with the Operating Agreement,the Limited Liability Company Agreement of Magnolia East Dayspring JV, LLC dated as of February 6, 2026, and Delaware General Corporation Law, and which he deems necessary or desirable in connection with his position as the Authorized Officer in order to consummate any and all such agreements, documents, certificates, letters or other instruments being in such form and containing such terms and conditions as the Authorized Officer executing the same shall approve,the execution and delivery of each of which shall be conclusive evidence of proper authorization and approval thereof as contemplated hereby; and RESOLVED FURTHER, that any action heretofore taken by or on behalf of the Company in furtherance of the matters authorized by the foregoing resolutions, is hereby ratified, approved and confirmed as the act and deed of the Company. This Written Consent of the Sole Member of Company (this "Consent') may be executed and delivered in one or more counterparts, all of which shall be considered one and the same document, and shall become effective when signed by each of the parties hereto and delivered by each of the parties hereto to the other parties hereto. Delivery of an executed counterpart of a signature page of this Consent by facsimile or electronic format, e.g. pdf or "tif," shall be effective as delivery of a manually executed counterpart of this Consent. The words"execution,""signed,""signature,"and words of like import in this Consent shall include electronic signatures or electronic records, each of which shall be of the same legal Docusign Envelope ID:0043D456-47AE-426B-9277-FA746497D308 effect, validity or enforceability as a manually executed signature or use of paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act or any other similar state laws based upon the Uniform Electronic Transactions Act. [Signature Page Follows] 2 4896-6540-7901,v. 1 Docusign Envelope ID:0043D456-47AE-426B-9277-FA746497D308 IN WITNESS WHEREOF, the undersigned, being sole member of the Company, has executed this Consent, as of the day and year first above written. SOLE MEMBER: EAST AVENUE DAYSPRING JV,LLC. a Delaware limited liability company By: EAST AVENUE DAYSPRING LLC, a Texas limited liability company, its Member EytV4 igned by: By: N, Name: -Vinod Nagi Title: Manager By: MAGNOLIA DAYSPRING INVESTOR,LLC, a Delaware limited liability company, its Member By: Magnolia Land Investors,LLC, a Delaware limited liability company, its Sole Member By: Magnolia Land Capital,LLC, a Delaware limited liability company, its Managing Member Signed by^: By. Name: an c arin Title: Sole Member SIGNATURE PAGE TO WRITTEN CONSENT OF SOLE MEMBER OF MAGNOLIA EAST DAYSPRING OWNER,LLC