IN DISTRICT COURT, COUNTY OF CASS, STATE

IN DISTRICT COURT, COUNTY OF CASS, STATE OF NORTH DAKOTA Cass County Joint Water Resource District, a North Dakota Political Subdivision, Plaintiff, vs. John P. Hertsgaard Family, LLLP, a North Dakota LLLP; Craig L. Hertsgaard Family, LLLP, a North Dakota LLLP; AgCountry Farm Credit Services, FLCA; and all other persons unknown claiming an estate or interest in or lien or encumbrance upon the real property described in the Complaint, whether as heirs, legatees, devisees, personal representatives, creditors or otherwise, Defendants. Civ. No. 09-2023-CV-00133 SUMMONS THE STATE OF NORTH DAKOTA TO THE ABOVE-NAMED DEFENDANTS: [¶1] You are hereby summoned and required to appear and defend against the Complaint in this action, which is herewith served upon you, by serving upon the undersigned an answer or other proper response within twenty-one (21) days after the service of this Summons upon you, exclusive of the day of service. If you do not serve an Answer in this action on or before twenty-one (21) days after service of this Summons upon you, default judgment could be entered against you. The Complaint in this action seeks a remedy of eminent domain whereby the Plaintiff, Cass County Joint Water Resource District, a North Dakota Political Subdivision, will acquire a flowage easement over, across, and through real property located in the County of Cass and the State of North Dakota, described as follows: OIN 2042 The Northwest Quarter (NW¼) of Section 35, Township 137 North, Range 49 West of the Fifth Principal Meridian, Cass County, North Dakota. Dated: January 12, 2023. /s/ Christopher M. McShane Christopher M. McShane (ND ID #06207) Andrew D. Cook (ND ID #06278) Stephen J. Hilfer (ND ID #09555) Attorneys for Plaintiff OHNSTAD TWICHELL, P.C. 444 Sheyenne Street, Suite 102 P.O. Box 458 West Fargo, ND 58078-0458 TEL (701) 282-3249 FAX (701) 282-0825 cmcshane@ohnstadlaw.com acook@ohnstadlaw.com shilfer@ohnstadlaw.com (May 17, 24 & 31, 2023) 224146