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Home My WebLink About11-00500060- 00075862Corporations Section P.O.Box 13697 Austin, Texas 75711 -3697 Office of the Secretary of State CERTIFICATE OF FILING OF BK HOME DF'VELOPMENT, INC. File Number: 80096830 Phil Wilson Secretary of State The undersigned, as Secretary of State of Texas, hereby certifies that a Certificate of Formation for the above named Domestic For - Profit Corporation has been received in this office and has been found to conform to the applicable provisions of law. ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority vested in the secretary by law, hereby issues this certificate evidencing filing effective on the date shown below. The issuance of this certificate does not authorize the use of a name in this state in violation of the rights of another under the federal Trademark Act of 1946, the Texas trademark law, the Assumed Business or Professional Name Act, or the common law. Dated: 03/27/2008 Effective: 03/27/2008 Phil Wilson Secretary of State Come visit us on the in. ernet at http: / /www. sos. state. tc us/ Phone: (512) 463 -5555 Fax: (512) 463 -5709 Dial: 7 -1 -1 for Relay Services Prepared by: Linda Basler TID: 10306 Document: 210013390002 t Form 201 Secretary of State i Filed in the Office of the P.O. Box 13697 Secretary of State of Texas 4 1istin, TX 78711 -3697 Filing #: 800956830 03/27/2008 K: 512/463 -5709 Document #: 210013390002 Certificate of Formation Image Generated Electronically Filing Fee: $300 For - Profit Corporz tion for Web Filing The filing entity being formed is a for - profit corporation. The name of the entity is: BK HOME.DEVELOPMENT, INC. The name must contain the word " corporation," " company; "'incorporated," "limited," or an abbreviation of one of these terms. The name must not be the same as, deceptively similar to or similar to that of an existing corporate, limited liability company, or limited partnership name on file with the secretary of state. A preliminary check for "name availability' is recommended. FA. The initial registered agent is an organization (cannot be corporation named above) by the name of: OR I✓ B. The initial registered agent is an individual resident of the state whose name is set forth below: Name: Karl Kacir C. The business address of the registered agent and the registered office address is: Street Address: : 1822 Avenue D; P.O. Box 390 Moody TX 76557 Article 3 Di • number of directors constituting the initial board of director, and the names and addresses of the person or sons who are to serve as directors until the first annual mee ing of shareholders or until their successors are elected and qualified are set forth below: Director 1: Karl Kacir Address: 1822 Avenue D; P.O. Box 390 Moody TX, USA 76557 Director 2: J. C. Wall address: 1822 Avenue D; P.O. Box 390 Moody TX, USA 76557 :• Shares The total number of shares the corporation is authorized to issu9 and the par value of each of such shares, or a statement that such shares are without par value, is set forth below. Number of Shares Par Value (must choose and complete either A or B) 'Class !Series i 1,000,000 ;f" A. has a par value of $.01 i F_ B. without par value. E If the shares are to be divided into classes, you must set forth the designation of each class, the number of shares of each class, and the par value (or statement of no par value), of each class. If shares of a class are to be issued in series, you must provide the designation of each series. The preferences, limitations, and relative rights of each class or series must be stated in space provided for supplemental information. The purpose for which the corporation is organized is for the transaction o_ f any and all wf laul business for which corporations may be organized under the Texas Business Org2nizations Code. Su pplemental informa _ [The attached addendum, if any, is incorporated herein by reference.] Effectiveness • Filing ... ..__ .. . _. _._ , -. I7l A. This document becomes effective when the document is Wed by the secretary of state. OR rB'. This document becomes effective at a later date, which is Zot more than ninety (90) days from the date of its signing. The delayed effective date is: name and address of the organizer is set forth below. ..arl Kacir 1822 Avenue D; P.O. Box 390, Muody, Texas 76557 The undersigned signs this docu ent subject to the enalties imposed by law for the submission of a materially false 'i or fraudulent instrument Karl Kacir Signature of organizer FILING OFFICE COPY CERTIFICATE OF FORMATION OF BK HOME DEVELOPMENT, INC. A FOR -PROI IT CORPORATION This certificate of formation is submitted for filing pursuant to the applicable provisions of the Texas Business Organizations Code. Article I - Entity Name and 'Type The name and type of filing entity being formed are: BK HOME DEVELOPMENT, INC., a Texas for - profit corporation (hereinafter "For- Profit Corporation "). Article II - Purpose The purpose for which the For - Profit C''orporation is organized is the transaction of any and all lawful business for which corporations may be incorporated under the Texas Business Organizations Code. Article III - Registered Office and Registered Agent The initial registered agent is an individual resident of the state whose name is Karl Kacir. The business address of the initial registered agent and the initial registered office is: 1822 Avenue D; P.O. Box 390, Moody, Texas 76557. Article IV - Organizer The name and address of the organizer is: Name Address Karl Kacir 1822 Avenue D; P.O. Box 390, Moody, Texas 76557 Article V - Directors The number of directors constituting the initial board of directors and the names and addresses of the persons who are to serve as directors until the first annual meeting of shareholders or until their successors are elected and qualified are: Name Address 1. Karl Kacir 1822 Avenue D; P.O. Box 390, Moody, Texas 76557 2. J.C. Wall 1822 Avenue D; P.O. Box 390, Moody, Texas 76557 Article VI - Authorized Shares For - Profit Corporation is authorized to issue a total of 1,000,000 shares, and the par value of each of the authorized shares is $.01. Article VII - Effective Date of Filing This certificate of formation becomes effective when the document is filed by the secretary of state. Article VIII - Execution This document is signed subject to tl e penalties imposed by law for the submission of a materially false or fraudulent instrument. Dated to be effective: March 91 , 2008 14 7 RESOLUTION OF BK HOME DEVELOPMENT, INC., a Texas Corporation ("Corporation ") J. C. Wall, being the sole director of the Corporation governed under the Texas Business Organizations Code, does by this writing consent to take the following action and adopt the following resolutions: RESOLVED, that J. C. Wall, in his capacity as President of the Corporation, acting on behalf of the Corporation, thereby binding the Corporation, be and is hereby authorized and directed to do the following: 1. GENERAL BORROWING: Borrow from such banks, trust companies, savings institutions, individuals, or others, as in his judgment is necessary, for such a period of time and upon such terms and rate of interest as may to him at his discretion, seem advisable and to execute notes and payment of the amount so borrowed. Any such notes may be signed by him and he is hereby authorized to execute such mortgages, mechanic's liens, deeds of trust, security agreements, financing statements or such other security instruments as may in his judgment be necessary in connection with such transactions. Furthermore, he is authorized to execute any renewals, extensions and modifications of such notes. 2. TO SELL: Sell real or personal property upon such terms as may to him, at his discretion, seem advisable, and he is hereby authorized to execute any and all of those certain contracts, deeds, and other relative papers pertaining to the sale of real or personal property, upon such terms and conditions as to him, in his discretion, are advisable and reasonable and as may be set forth in any future contracts executed by him and any prospective buyer. Such contracts, deeds, and any relative instruments pertaining to the sale of real or personal property may be signed by him and he is hereby authorized to execute such contracts, deeds, or other relative instruments as, in his judgment, may be necessary in connection with such transaction. TO PURCHASE: Purchase real or personal property upon such terms as may to him, at his discretion, seem advisable, and he is hereby authorized to execute any and all of those certain relative papers pertaining to the purchase of property, upon such terms and conditions as to him, in his discretion, are advisable and reasonable and as may be set forth in future contracts executed by and between any third party, as Seller, and him on behalf of the Buyer. Such relative instruments pertaining to the purchase of certain real or personal property may be signed by him as, in his judgment, may be necessary in connection with such transaction. 4. CONSTRUCT IMPROVEMENTS: Execute any and all of those certain construction contracts, mechanic's lien contracts, construction loan agreements and other relative papers pertaining to the construction of certain improvements, upon such terms and conditions as to him, in his discretion, are advisable and reasonable and as may be set forth in such mechanic's lien documents executed by him; the third party; and, if applicable, the third party's lender. Such construction contracts, mechanic's lien documents, and any relative instruments pertaining to the construction of certain improvements may be signed by him as such construction contracts, mechanic's lien documents, or other relative instruments as, in his judgment, may be necessary in connection with such transaction. In addition, he is hereby authorized and directed to obtain all bids, permits, and perform such other actions necessary in connection with the construction of certain improvements. 5. BANK & BROKERAGE ACCOUNTS: Transact, oversee and initiate any and all banking and brokerage matters, including but not limited to the opening of bank and brokerage accounts, the execution of any signature cards, the enrollment of any online services offered by bank and brokerage firms, making all deposits or withdrawals, and any other matter related to bank and brokerage matters and accounts. 6. DAY TO DAY OPERATIONS: To transact any and all day - today business matters that may, in his discretion, be necessary to operate the day -to -day activities and operations. 7. OTHER ACTION: To take such other action to execute and deliver such additional instruments as are necessary or proper in order to effectively perform all of the foregoing resolutions. RESOLVED, that the Corporation consents to the foregoing resolutions. I direct that this consent be filed with the minutes of the proceedings of the Directors of the Corporation. This consent is executed pursuant to of the Texas Business Organizations Code which authorizes the taking of action by the Directors by unanimous written consent without a meeting. This unanimous written consent may be executed in one or more counterparts, all of which together shall be one and the same instrument. Dated to be effective: r 7 201 C. Wall, Sole Director ACKNOWLEDGMENT STATE OF TEXAS ff COUNTY OF t This instrument was acknowledged before me on capacity as Sole Director of BK HOME DEVELOPMENT, INC., a� behalf of said corporation. I J/ L VIJ y. t : PREPARED IN THE LAW OFFICE OF: jaw/kap BAIRD, CREWS, SCHILLER & WHITAKER, P. C. ATTN: THOMAS C. BAIRD 15 North Main Temple, Texas 76501 www.bcswlaw.com Public, State of Texas .C. Wall, in his AFTER RECORDING RETURN TO: jaw/kap BAIRD, CREWS, SCHILLER & WHITAKER, P. C. ATTN: THOMAS C. BAIRD IS North Main Temple, Texas 76501 www.bcswlaw.com