HomeMy WebLinkAbout330065_LLC Papers_20230705NORTH CAROLINA
D partent of The See retary of State
To all whom these presents shall come, Greetings:
1, ELAINE F. MARSHALL, Secretary of State of the State of North Carolina, do
hereby certify the following and hereto attached to be a true copy of
ARTICLES OF ORGANIZATION
OF
FOXCROFT FARMS, LLC
the original of which was filed in this office on the 12th day of April, 2012.
IN WITNESS WHEREOF, I have hereunto
set my hand and affixed my official seal at the
City off Raleigh, this 12th day of April, 2012
-07
Secretary of State
Document Id: C201210300248
LIMITED LIABILITY COMPANY
ARTICLES OF ORGANIZATION
•.,1R1[[V t'• 2 10.1 Ji1 R31
North Carolina Secretary of State
C201210300248
Pursuant to §57C-2-20 of the General Statutes of North
Carolina, the undersigned does hereby submit these Articles of
Organization for the purpose of forming a limited liability
company.
1. The name. of the Limited liability company is FOXCROFT
FARMS, LLC.
2. The. latest date on which the limited liability company is
to dissolve is December 31, 2112.
3. The name and address of the organizer executing these
articles of organization is as follows:
Thomas W. King
P. 0. Box 7805
3202 Sunset Avenue, Suite F
Rocky Mount, NC 27804
4. The street address and county of the initial registered
office of the limited liability company is:
5970 Morningstar Church Road
Edgecombe County
Battleboro, NC 27809
5. The mailing address of the initial registered office is:
5970 Morningstar Church Road
Battleboro, NC 27809
6. The name of the initial registered agent is:
Walter P. Bulluck
7. The limited liability company has a principal office
whose street address is:
5970 Morningstar Church Road
' Edgecombe County
Battleboro, NC 27809
8. The mailing address of the principal office location is:
5970 Morningstar Church Road
Battleboro, NC 27809
9. Check one of the following:
X (i) Member -managed LLC: all of the members by
virtue of their status as members shall be
managers of this limited liability company.
Manager -managed LLC: except as provided by
N.C.G.S. §57C-3-20(a), the members of this
limited liability company shall not be
managers by virtue of their status as members.
10. These aticles will be effective upon filing.
This the � � day of April, 2012.,,
ck:s (SEAL)
Thoma . King, Organize'
OPERATING AGREEMENT
OF
FOXCROFT FARMS, LLC
THIS OPERATING AGREEMENT OF FOXCROFT FARMS, LLC (the
"Company"), a limited liability company organized pursuant to the
North Carolina Limited Liability Company Act ("the.Act"), is
executed effective as of the 23rd day of April, 2012, by and among
the persons executing this Agreement as the initial Members (as
defined below).
ARTICLE I
FORMATION OF COMPANY
1.01 Formation. On April 12, 2012, Walter P. Bulluck and
Philip Bradley Bulluck (collectively the "Members" and individually
a "Member") formed the Company as a North Carolina Limited
Liability Company by executing and delivering Articles of
Organization to the Secretary of State of North Carolina in
accordance with the provisions of the Act.
1.02 Agreement. For and in consideration of the mutual
covenants herein contained and for other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, the Members executing the Operating Agreement hereby
agree to the terms and conditions of this Operating Agreement
(inclusive of the Appendix attached hereto and incorporated herein
be reference), as such may be amended from time to time according
to its terms. Notwithstanding any other provision contained in
this Operating Agreement, it is the expressed intent of the Members
that the Company shall conform to the federal, state and local tax
laws as such currently exist and as amended in the future. To the
extent any provision of the Operating Agreement is prohibited or
ineffective under such laws or the Act, the Operating Agreement
shall be considered amended to the smallest degree possible in
order to conform to such laws or the Act.
1.03 Name. The name of the Company is FOXCROFT FARMS, LLC.
1.04 Business of Company. The general nature of the business
operations of the Company shall be (a) farming operations and (b)
the conduct of any such other business activities as are authorized
by the Act.
1.05 Independent Activities. Each Member may engage in any
capacity (as owner, employee, consultant, or otherwise) in any
activity, whether or not such activity competes with or is
benefitted by the business of the Company, without being liable to
the Company or the other Members for any income or profit derived
from such activity. No Member shall be obligated to make available
to the Company or any other Member any business opportunity of
which such Member is or becomes aware.
1.06 Principal Place of Business. The Company's principal
place of business within the State of North Carolina is 5970
Morningstar Church Road, Battleboro, Edgecombe County, North
Carolina. The Company may locate its places of business and
registered office at any other place or places as the Members may
from time to time deem advisable.
1.07 Registered Office and Registered Agent. The Company's
initial registered office shall be at the office of its registered
agent at 5970 Morningstar Church Road, Battleboro, Edgecombe
County, North Carolina, and the name of its initial registered
agent at such address is Walter P. Bulluck. The registered office
and registered agent may be changed from time to time by filing the
address of the new registered office and/or the name of the new
registered agent with the Secretary of State of North Carolina
pursuant to the Act and the applicable rules promulgated
thereunder.
1.08 Term. The Company shall be dissolved and its affairs
wound up in accordance with the Act and the Operating Agreement on
December 31, 2112 unless the term shall be extended by amendment to
the Operating Agreement and the Articles of Organization, or unless
the Company shall be sooner dissolved and its affairs wound up in
accordance with the Act or the Operating Agreement.
1.09 Definitions. Capitalized words and phrases not otherwise
defined in this Operating Agreement are defined in and shall have