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. Michael D. Brakke, Paul E. Brakke, 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. 09-2022-CV-03621 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 1964 That part of the Southwest Quarter of the Southeast Quarter of Section 20, Township 137 North, Range 49 West of the Fifth Principal Meridian, Cass County, North Dakota, described as follows: Commencing at a found iron monument which designates the southeast corner of said Section 20; thence South 87 degrees 17 minutes 16 seconds West on an assumed bearing along the south line of the Southeast Quarter of said Section 20 for a distance of 1317.79 feet to the southeast corner of said Southwest Quarter of the Southeast Quarter; thence North 02 degrees 42 minutes 57 seconds West along the east line of said Southwest Quarter of the Southeast Quarter for a distance of 746.05 feet to the point of beginning; thence continuing thence North 02 degrees 42 minutes 57 seconds West along said east line for a distance of 573.00 feet to the northeast corner of said Southwest Quarter of the Southeast Quarter; thence South 87 degrees 21 minutes 06 seconds West along the north line of said Southwest Quarter of the Southeast Quarter for a distance of 1320.28 feet to the northwest corner of said Southwest Quarter of the Southeast Quarter; thence South 02 degrees 49 minutes 26 seconds East along the west line of said Southwest Quarter of the Southeast Quarter for a distance of 544.47 feet; thence North 88 degrees 35 minutes 27 seconds East for a distance of 1319.60 feet to the point of beginning. Said tract contains 16.93 acres, more or less, and is subject to all easements, reservations, restrictions, and rights-of-ways of record, if any. Dated: December 8, 2022. /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) 224191