WTE HOLDINGS LLC 2ND AMENDED SUMMONS

STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF OTTER TAIL SEVENTH JUDICIAL DISTRICT ——————————————– 14. OTHER CIVIL, REAL PROPERTY Court File # 56-CV-24-374 WTE Holdings, LLC; Norcon Holdings LLC; Bremer Bank, National Association; West Central Initiative; City of Fergus Falls; Scott A. Rachels; Cindy Rachels; Plaintiffs, vs. John W. Mason; Fannie M. Mason; William D. Lowry; Mary E. Lowry; M.A Lord aka Humphrey Lord; B.A Peabody; Adams Investment Company; the unknown heirs of Milton K. Baglien, deceased; the unknown heirs of Sally J. Baglien, deceased; Elmer E. Adams; the unknown heirs of John Mark, deceased; Mark Development Corp.; Cornelia Mark Rogers, Elizabeth Mark Anderson, Dorothy Mark Moen, Mary Mark Morris, JoAnne Mark Krujsa, Elizabeth LaPlante, Donald Ashworth, Donald Elliott, Alvin F. Hanneman, Merhle Messer; Deanne Louise Stertz; Peter Lawrence Arkulary; Robert John Arkulary; Timothy C. Rostad; Susanne R. Rostad; Mark Sand & Gravel Acquisition Co.; Mark Sand and Gravel Co.; Otter Tail Power Company; Otter Tail Corporation; also the unknown heirs, successors or assigns of any of the above defendants, and all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the Second Amended Complaint herein. Defendants. ———————————————————————————————– SECOND AMENDED SUMMONS (Abreviated) ———————————————————————————————– THE STATE OF MINNESOTA TO THE ABOVE-NAMED DEFENDANTS: You are hereby summoned and required to serve upon Plaintiffs’ attorney an Answer to the Second Amended Complaint which is on file in the office of the Court Administrator of the above-named Court, within twenty (20) days after service of this Second Amended Summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Second Amended Complaint. THIS ACTION involves, affects or brings into question real property situated in the County of Otter Tail, State of Minnesota described as follows: TRACT A That part of Sublots Thirty-five (35), Thirty-six (36), Forty-one (41), and Forty-two (42) of the State Subdivision of the West Half (W½) of Section Two (2), Township One Hundred Thirty-two (132) North, Range Forty-three (43) West, Otter Tail County, Minnesota, lying northerly of the South 66 feet of said Sublots Forty-one (41) and Forty-two (42), together with that part of the Southwest Quarter of the Southeast Quarter (SW¼ of SE¼) of said Section Two (2), all of which is described as follows: Commencing at the South quarter section corner of said Sec. 2; thence North 00°09’17” East (assumed bearing) along the North-South quarter section line of said Sec. 2 a distance of 66.00 feet and the point being the point of beginning; thence North 89°43’08” West parallel with the south line of said Sec. 2 a distance of 704.48 feet; thence North 00°11’27” West parallel with the easterly right-of-way line of County Road Number 82 (Formally Known As State Trunk Highway 52-59, or County Road Number 88) a distance of 657.61 feet to the southeasterly right-of-way line of State Trunk Highway Number 210; thence North 73°36’03” East along said right-of-way line a distance of 21.68 feet to the angle corner in said line; thence North 16°23’57” West along said right-of-way line a distance of 45 feet to the angle corner in said line; thence North 73°36’03” East along said right-of-way line a distance of 730.77 feet to the North-South quarter section line of said Sec. 2; thence continuing North 73°36’03” East along said right-of-way line a distance of 34.45 feet; thence South 00°09’17” West a distance of 68.90 feet; thence South 73°36’03” West a distance of 34.45 feet to the North-South quarter section line of said Sec. 2; thence South 00°09’17” West along said North-South quarter section line a distance of 847.78 feet to the point of beginning. EXCEPT Defendant Otter Tail Power Company Tract described in the office of the Otter Tail County recorder as document number 1066028 UTILITY EASEMENT FOR THE BENEFIT OF TRACT A ABOVE Together with a 10-foot-wide easement for utility purposes over, under and across that part of the Southwest Quarter (SW¼) of Section Two (2), Township One Hundred Thirty-two (132), Range Forty- three (43), County of Otter Tail, State of Minnesota, the centerline of said easement described as follows: Commencing at the South Quarter corner of said Section Two (2); thence North 00 degrees 26 minutes 16 seconds East, assumed bearing along the North and South Quarter Section line of said Section Two (2), a distance of 66.00 feet; thence North 89 degrees 32 minutes 10 seconds West parallel with the south line of said Section 2, a distance of 704.48 feet; thence North 00 degrees 01 minutes 47 seconds West, parallel to the easterly right-of-way line of Trunk Highway 52-59 a distance of 123.97 feet to the point of beginning; thence South 83 degrees 28 minutes 06 seconds West, a distance of 108.93 feet; thence South 69 degrees 58 minutes 01 seconds West, a distance of 224.90 feet; thence North 87 degrees 48 minutes 11 seconds West a distance of 229.39 feet to said easterly right-of- way line of Trunk Highway 52-59 and said centerline there terminating. The sidelines are to be prolonged or shortened to terminate at said easterly right-of-way line of Trunk Highway 52-59 and a line that bears North 00 degrees 01 minutes 47 seconds West and South 00 degrees 01 minutes 47 seconds East from the point of beginning. Said easement is subject to certain documents filed in the office of the Otter County Recorder document number 848054 modified by document number 1290626 entitled “Partial Release of Easement”. INGRESS EGRESS EASEMENTS FOR THE BENEFIT OF TRACT A ABOVE Together with all of Grantor’s right, title and interest, without warranty, in and to that certain easement and right-of-way for ingress and egress purposes over and across part of said Sublots 36 and 41, all in Sec. 2, Twp. 132, Rng 43, said easement is described as follows: Commencing at the South Quarter Section Corner of said Sec. 2; thence North 00°09’17” East (assumed bearing) along the North-South quarter section line of said Sec. 2 a distance of 66.00 feet; thence North 89°43’08” West parallel with the South line of said Sec. 2 a distance of 704.48 feet; thence North 00°11’27” West parallel with the easterly line of County Road Number 88 a distance of 704.48 feet to the southeasterly right-of-way line of State Trunk Highway Number 210, said point being the point of beginning of said easement; thence South 00°11’27” East a distance of 71.57 feet; thence South 73°36’03” West parallel with the southeasterly right-of-way line of State Trunk Highway Number 210 a distance of 428.43 feet, thence South 36°40’54” West parallel with the southeasterly right-of-way line of State Trunk Highway Number 210 a distance of 114.71 feet; thence South 00°11’27” East parallel with the easterly right-of- way line of County Road Number 88 a distance of 417.59 feet to the North line of the South 66.00 feet of said Sec. 2; thence North 89°43’08” West parallel with the South line of said Sec. 2 a distance of 68.73 feet to the easterly right-of-way line of County Road Number 88; thence North 00°11’27” West along said right-of-way line a distance of 440.27 feet; thence North 36°40’54” East along the southeasterly right-of-way line of State Trunk Highway Number 210 a distance of 160.03 feet; thence North 73°36’03” East along the southeasterly right-of-way line of State Trunk Highway Number 210 a distance of 471.69 feet to the point of beginning. (Pursuant to Document Number 783783 as recorded in the office of the Otter Tail County Recorder) TRACT A ABOVE IS SUBJECT TO THE FOLLOWING INGRESS EGRESS EASEMENTS A perpetual right of way and easement to be used in common with the grantor, its grantees and licensees, for the purpose of ingress and egress at all times upon, over and across that part of the SE¼ of Sec. 2, Twp 132, Rng 43, and that part of Lots 35, 36, and 41 of State Sublot Plat of the W½ of said Sec. 2, described as follows: Commencing at the South Quarter corner of said Sec. 2; thence on an assumed bearing of North 00°09’17” East on the westerly line of said SE¼ for a distance of 983.22 feet to the southerly right of way of said State Trunk Highway No. 210 for point of beginning; thence South 73°28’34” West on said right of way line for a distance of 733.05 feet; thence South 16°31’26” East on said right of way line for a distance of 45.00 feet; thence South 73°28’34” West on said right of way line for a distance of 21.48 feet; thence South 00°18’46” East 68.73 feet; thence North 73°28’34” East 55.00 feet; thence North 45°07’20” East 94.76 feet; thence North 73°28’34” East 650 feet; thence North 00°09’17” East 68.90 feet to the southerly right of way line of said Trunk Highway No. 210; thence South 73°28’34” West 34.45 feet to point of beginning. TRACT B All that part of the south 66 feet of Lot 41 of the State Subdivision of the West Half of Section 2, Township 132, Range 43, Otter Tail County, Minnesota, according to the recorded plat thereof, lying within the following description: Commencing at the north quarter corner of said Section 11; thence on an assumed bearing of South 89 degrees 56 minutes 08 seconds West along the north line of said Section 11, a distance of 1156.25 feet; thence South 0 degrees 32 minutes 20 seconds East a distance of 119.00 feet; thence South 89 degrees 56 minutes 08 seconds West a distance of 122.00 feet to the easterly right of way line of County State Aid Highway No. 82; thence South 0 degrees 32 minutes 20 seconds East along said easterly right of way line, a distance of 42.53 feet; thence North 89 degrees 56 minutes 08 seconds East a distance of 159.05 feet to the point of beginning of the land to be described; thence continuing North 89 degrees 56 minutes 08 seconds East a distance of 31.36 feet; thence North 82 degrees 03 minutes 32 seconds East a distance of 142.98 feet; thence North 00 degrees 32 minutes 20 seconds West a distance of 43.13 feet; thence North 85 degrees 44 minutes 27 seconds East a distance of 114.00 feet; thence North 0 degrees 32 minutes 20 seconds West a distance of 156.46 feet to the north line of the South 66.00 feet of said Lot 41; thence North 89 degrees 56 minutes 08 seconds East along said north line of the South 66.00 feet, a distance of 190.00 feet ; thence South 0 degrees 32 minutes 20 seconds East a distance of 315.00 feet; thence South 89 degrees 56 minutes 08 seconds West a distance of 239.37 feet; thence South 0 degrees 32 minutes 20 seconds East a distance of 195.39 feet; thence South 89 degrees 50 minutes 28 seconds West a distance of 237.54 feet to the intersection with a line which bears South 0 degrees 32 minutes 20 seconds East from the point of beginning; thence North 0 degrees 32 minutes 20 seconds West a distance of 283.24 feet to the point of beginning. Subject to a mortgage in favor of Security State Bank of Fergus Falls filed in the office of the Otter Tail County Recorder as document number 1240494 and modified in document number 1249825. YOU ARE FURTHER NOTIFIED that the object of this action is to obtain a judgment that Plaintiffs are the owners in fee simple of the above-described real property as described and allocated in the Second Amended Complaint; and other than that described and allocated in the Second Amended Complaint the Plaintiffs and Defendants, and each of them, be declared to have no right, title, estate, right to possession, lien or interest in the real estate described above. The Defendants will take notice that no personal claim is made by the Plaintiffs against any of the Defendants. Civil cases are subject to Alternative Dispute Resolution processes as provided in Rule 114 of the General Rules of Practice for the District Courts. Alternative Dispute Resolution includes mediation, arbitration, and other processes set forth in the rules. You may contact the Court Administrator for information about these processes and about resources available in your area. Dated: 10-2-24 /S/ Penn C. Brandborg Penn C. Brandborg, Attorney for Plaintiffs 315 S. Mill Street Fergus Falls, MN 56537 218-736-7447 Att. Reg. No. 166546 penn@brandborglaw.com (Published November 13, 20 and 27, 2024)