STATE OF MINNESOTA

COUNTY OF FILLMORE

DISTRICT COURT, CIVIL DIVISION

THIRD JUDICIAL DISTRICT

CASE TYPE: OTHER CIVIL-QUIET TITLE

Benson Feed Mill, Inc.,

Plaintiff

-vs-

Halver Kittleson, Tillman J. Olson, Agnes G. Olson, Christian Severson, Joseph Rider, Even Henricksen, Edward Haedtke, Irene Haedtke, Clifford Benson, Maynard Benson, Christian 0. Swenson, Cordelia Benson, Marian Benson, Christian Sevenson, Christian Swenson, John A. Mathews, John Olson Kaasa, Ole C. Swenson, Theron Glenna also known as theron L. Glenna, Clara Glenna, Luther R. Glenna, Benjamin Benson, Benj. Benson, Kittle Thorson, Andrew Christianson, also known as A. C. Kasberg and Andrew C. Christenson, Mary A. Christenson, Carl A. Kasberg, Augusta A. Tofstad, Amelia A. Kasberg, Otto M. Kasberg, Alexander Kasberg, Tennora Kasberg, Petra E. Kasbert, K. A. Kasberg, Marie Kasberg, Nels H. Tofstad, Amalia Kasberg, Luthera Kasberg, Petra Kasberg, Mina Kasberg, Amond P. Moen, Mina Kasberg, Minnie Kasberg, Southern Minnesota Railroad Company, Samuel b. Ruggles, Albon P. Man, Christian Oleson, Ole Oleson, Ole G. Olsen, Ole Erickson, Nils Olson, Berte Olson, Olava Olson, Maria Olson, Andrine Olson, Lars Olson Myra, Ole G. Glenna, Christian Olson Osterud, Ole Olson Glenna, J. C. Easton, Sarah J. Easton, Gunild Glenna, Gunild Swenson, Anne Smaby, Anne Dorthea Glenna, Albert Oliver Glenna, Carl Ludvig Glenna, Gina Caroline Glenna, Julia Helmine Glenna, Marie Otelia Glenna, John Helmer Glenna, Sivert Alfred Glenna, Olga Annetta Glenna, Julius Bernhard Glenna, Cora Lovise Glenna, Elias Glenna, Thomas Glenna, Trettinius Glenna, Ole Glenna, Phillip Louis Glenna, Ludvig Glenna, Cordello Benson, Hubbard Foods, Inc. Jane Flynn, State of Minnesota, Kenneth Jacobson, Helen Jacobson, Charles Semmen, Timothy A. Johnson, Kari J. Johnson f/k/a Kari J. Rollins, James I. Priebe, Jean M. Priebe, Adam G. Eide, Bobbi Jo Eide, Jerry M. Olson and Bonnie M. Olson, as Trustees of The Jerry & Bonnie Olson Family Trust, Wayne Ferden, Rebecca J. Brown-Ferden, Oral A. Evanson and Alta M. Evanson, as Trustees of Evanson Family Rev. Trust, David W. Markegard, Brenda L. Markegard, Glenn A. Lea, Margaret Lea, Michael Wayne Lea, Bruce E. Johnson, Jerome Foods, Inc., also all other persons unknown claiming any right, title, estate, interest, or lien in the real estate described in the complaint herein, including the heirs at law and legatees and devisees of any of the foregoing Defendants who are deceased,

Defendants.

1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiff's Complaint against you is attached to this Summons. Do not throw these papers away. They are official papers that affect your rights. You must respond to this lawsuit even though it may not yet be filed with the Court and there may be no court file number on this summons.

2. YOU MUST REPLY WITHIN 20 DAYS TO PROTECT YOUR RIGHTS. You must give or mail to the person who signed this Summons a written response called an Answer within 20 days of the date on which you received this summons. You must send a copy of your Answer to the person who signed this Summons located at:

Springer & Gumbel, P.A.

141 West Fillmore St.

P.O. Box 469

Preston, MN. 55965.

3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiff's Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe the Plaintiff should not be given everything asked for in the Complaint, you must say so in your Answer.

4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN RESPONSE TO THE COMPLAINT TO THE PERSON WHO SIGNED THE SUMMONS. If you do not Answer within 20 days, you will lose this case. You will not get to tell your side of the story, and the Court may decide against you and award the Plaintiff everything asked for in the Complaint. If you do not want to contest the claims stated in the Complaint, you do not need to respond. A default judgment can then be entered against you for the relief requested in the Complaint.

5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you do not have a lawyer, the Court Administrator may have information about places where you can get legal assistance. Even if you cannot get legal help, you must still provide a written Answer to protect your rights or you may lose the case.

6. ALTERNATIVE DISPUTE RESOLUTION. The parties may agree to or be ordered to participate in an alternative dispute resolution process under Rule 114 of the Minnesota General Rules of Practice. You must still send your written response to the Complaint even if you expect to use alternative means of resolving this dispute.

7. THIS LAWSUIT MAY AFFECT OR BRING INTO QUESTION TITLE TO REAL PROPERTY LOCATED IN FILLMORE COUNTY, STATE OF MINNESOTA: '

See Exhibit A attached hereto and made a part hereof

EXHIBIT A

Easement "A"

Hubbard Food Inc. to Benson Feed and Mill, Inc.

A 33 foot wide easement for ingress and egress over and across part of the Northeast Quarter of the Northeast Quarter (NE1/4 NE1/4) of Section 8, Township 103 North, Range 8 West, Fillmore County, Minnesota, the centerline of which is described as follows: Commencing at the Northeast corner of said NE1/4 NE1/4; thence South 89 degrees 48 minutes 03 seconds West (assumed bearing) along the North line of said NE1/4 NE1/4, 220.00 feet; thence South 44 degrees 47 minutes 28 seconds West, 87.27 feet to the point of beginning of the centerline to be herein described; thence North 88 degrees 29 minutes 29 seconds West, 238.01 feet; thence South 37 degrees 29 minutes 48 seconds West, 169.45 feet and there terminating.

FOR THE BENEFIT OF THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY PRESENTLY OWNED BY GRANTEE:

Northeast Quarter of the Northeast Quarter (NE1/4 NE1/4) of Section 8, Township 103 North, Range 8 West.

SAID EASEMENT SHALL EXPIRE AT SUCH TIME AS SUCH BENEFITED PROPERTY SHALL NO LONGER BE USED SOLELY FOR AGRICULTURAL PURPOSES.

Easement "B"

Hubbard Foods Inc. to Benson Feed and Mill Inc.

A 33 foot wide Easement for ingress and egress over and across part of the Northeast Quarter of the Northeast Quarter (NE1/4 NE1/4) of Section 8, and part of the North One­half of the Northwest Quarter (N1/2 NW1/4) of Section 9, both in Township 103 North, Range 8 West, Fillmore County, Minnesota, the centerline of which is described as follows: Commencing at the Northeast corner of said NE1/4 NE1/4 said Section 8; thence South 89 degrees 48 minutes 03 seconds West (assumed bearing) along the North line of said NE1/4 NE1/4, 220.00 feet; thence South 44 degrees 47 minutes 28 seconds West, 30.13 feet to the point of beginning of the centerline to be herein described; thence South 85 degrees 59 minutes 11 seconds East, 1004.55 feet; thence South 00 degrees 40 minutes 11 seconds East, 871.32 feet; thence North 88 degrees 23 minutes 31 seconds East, 1212.28 feet and there terminating.

FOR THE BENEFIT OF THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY PRESENTLY OWNED BY GRANTEE:

North One-Half of the Northwest Quarter (N1/2 NW1/4) of Section 9, Township 103 North, Range 8 West.

SAID EASEMENT SHALL EXPIRE AT SUCH TIME AS SUCH BENEFITED PROPERTY SHALL NO LONGER BE USED SOLELY FOR AGRICULTURAL PURPOSES.

Easement "C"

Hubbard Foods Inc. to Benson Feed and Mill Inc.

A 33 foot wide easement for ingress and egress over and across part of the Southwest Quarter of the Southwest Quarter (SW1/4 SW1/4) of Section 4, Township 103 North, Range 8 West, Fillmore County, Minnesota, the centerline of which is described as follows: Commencing at the Southwest comer of said SW1/4 SW1/4; thence North 01 degrees 49 minutes 47 seconds West (assumed bearing) along the West line of said SW1/4 SW1/4, 850.24 feet to the point of beginning of the centerline to be herein described; Thence South 40 degrees 34 minutes 16 seconds East, 458.73 feet; thence South 85 degrees 02 minutes 32 seconds East, 506.59 feet; thence North 76 degrees 12 minutes 01 seconds East, 217.36 feet; thence South 87 degrees 59 minutes 07 seconds East, 250.00 feet and there terminating.

FOR THE BENEFIT OF THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY PRESENTLY OWNED BY GRANTEE:

West One-Half of the Southwest Quarter (W1/2 SW1/4) and Northeast Quarter of the Southwest Quarter (NE1/4 SW1/4) of Section 4, Township 103 North, Range 8 West.

SAID EASEMENT SHALL EXPIRE AT SUCH TIME AS SUCH BENEFITED PROPERTY SHALL NO LONGER BE USED SOLELY FOR AGRICULTURAL PURPOSES.

Easement "D"

Hubbard Foods Inc. to Benson Feed and Mill Inc.

A 33 foot wide easement for ingress and egress over and across part of the Southeast Quarter (SE1/4) of Section 5, Township 103 North, Range 8 West, Fillmore County, Minnesota, the centerline of which is described as follows: Commencing at the Southeast comer of said SE1/4; thence North 01 degrees 49 minutes 47 seconds West (assumed bearing) along the East line of said SE1/4, 857.38 feet to the point of beginning of the centerline to be herein described; thence North 31 degrees 00 minutes 26 seconds West, 102.39 feet; thence North 67 degrees 45 minutes 16 seconds West, 448.07 feet; thence North 82 degrees 39 minutes 06 seconds West, 254.55 feet; thence North 57 degrees 05 minutes 03 seconds West, 564.91 feet; thence North 83 degrees 15 minutes 23 seconds West, 236.96 feet and there terminating.

FOR THE BENEFIT OF THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY PRESENTLY OWNED BY GRANTEE:

West One-Half of the Northeast Quarter (W1/2 NE 1/4) and Southeast Quarter (SE1/4) of Section 5, Township 103 North, Range 8 West, excepting therefrom the following: Commencing at the Northeast corner of the Northeast Quarter of the Southeast Quarter (NE1/4 SE1/4) of Section 5, Township 103 North, Range 8 West, running thence west 40 rods, thence southeasterly to a point 80 rods south of said beginning point, thence north to place of beginning, all in Section 5, Township 103 North, Range 8 West.

SAID EASEMENT SHALL EXPIRE AT SUCH TIME AS SUCH BENEFITED PROPERTY SHALL NO LONGER BE USED SOLELY FOR AGRICULTURAL

Fee Title to the following: The North Half of the Northeast Quarter, Section 8-103-8; The North Half of the Northwest Quarter, Section 9-103-8; The East Half of Section 5-103-8; The Southwest Quarter of Section 4-103-8; The Southwest Quarter of the Southeast Quarter, Section 32-104-8; The Southeast Quarter of Section 1-103-9; and the South Half of the Northwest Quarter of Section 4-103-8, Fillmore County, Minnesota, except as follows:

That part of the North One-Half of the Northwest Quarter (N1/2 NW1/4) of Section 9, and that part of the Southwest Quarter of the Southwest Quarter (SW1/4 SW1/4) of Section 4, and that part of the Southeast Quarter (SE1/4) of Section 5, and that part of the Northeast Quarter of the Northeast Quarter (NE1/4 NE1/4) of Section 8, all in Township 103 North, Range 8 West, Fillmore County, Minnesota, described as follows:

Beginning at the Southwest comer of said N1/2 NW1/4 said Section 9; thence North 88 degrees 08 minutes 46 seconds East (assumed bearing) along the South line of said N1/2 NW1/4, 1961.86 feet; thence North 01 degrees 16 minutes 12 seconds West, 467.80 feet; thence South 88 degrees 23 minutes 31 seconds West, 794.92 feet; thence North 02 degrees 00 minutes 53 seconds East, 847.43 feet to the North line of said N1/2 NW1/4 said Section 9 and the South line of said SW1/4 SW1/4 said Section 4; thence continuing North 02 degrees 00 minutes 53 seconds East, 1113.68 feet; thence North 87 degrees 55 minutes 57 seconds West, 459.79 feet; thence South 01 degrees 57 minutes 06 seconds West, 422.49 feet; thence North 83 degrees 22 minutes 16 seconds West, 785.31 feet; thence North 31 degrees 00 minutes 26 seconds West, 55.06 feet to the West line of said SW1/4 SW1/4 said Section 4 and the East line of said SE1/4 said Section 5; thence Continuing North 31 degrees 00 minutes 26 seconds West, 78.32 feet; thence North 67 degrees 45 minutes 16 seconds West, 455.70 feet; thence North 82 degrees 39 minutes 06 seconds West, 252.97 feet; thence North 57 degrees 05 minutes 03 seconds West, 565.01 feet; thence North 83 degrees 15 minutes 23 seconds West, 226.89 feet; thence South 46 degrees 51 minutes 08 seconds West, 260.74 feet; thence South 43 degrees 17 minutes 51 seconds East, 600.34 feet; thence South 77 degrees 33 minutes 36 seconds East, 597.45 feet; thence South 65 degrees 35 minutes 14 seconds East, 673.91 feet to the centerline of a township road; thence South 01 degrees 19 minutes 52 seconds East along said centerline, 133.80 feet; thence South 23 degrees 55 minutes 17 seconds West along said centerline, 274.78 feet; thence South 44 degrees 47 minutes 28 seconds West along said centerline, 126.51 feet to the South line of said SE1/4 said Section 5 and the North line of said NE1/4 NE1/4 said Section 8; thence continuing South 44 degrees 47 minutes 28 seconds West along said centerline, 63.37 feet; thence North 88 degrees 29 minutes 29 seconds West, 359.28 feet; thence South 00 degrees 27 minutes 32 seconds East, 154.60 feet; thence South 89 degrees 27 minutes 16 seconds East, 245.59 feet to the Centerline of a township road; thence South 00 degrees 15 minutes 25 seconds East along said centerline, 651.29 feet; thence South 23 degrees 30 minutes 12 seconds East along said centerline, 334.12 feet; thence South 29 degrees 45 minutes 14 seconds East along said centerline, 185.41 feet to the South line of said NE1/4 NE1/4 said Section 8, thence North 89 degrees 26 minutes 59 seconds East along said South line, 177.85 feet to the point of beginning and containing 98.22 acres, more or less. Subject to easements of record.

ALSO EXCEPTING THEREFROM: That part of the Southwest Quarter of the Southeast Quarter of Section 1, Township 103 North, Range 9 West, Fillmore County, Minnesota, described as follows: Beginning at the Southwest corner of said Southwest Quarter of the Southeast Quarter; thence North 00 degrees 38 minutes 15 seconds East (assumed bearing) along the West line of said Southwest Quarter of the Southeast quarter, 1061.32 feet; thence North 87 degrees 29 minutes 50 seconds East 442.40 feet; thence South 01 degree 56 minutes 49 seconds East, 1081.20 feet to the South line of said Southwest Quarter of the Southeast Quarter; thence West along said South line 490.52 feet to the point of beginning.

The object of this action is to determine that the defendants have no right, title, estate, interest or lien in or on the above described real estate.

NOTICE OF NO PERSONAL CLAIM.

No personal claim is made against any of the defendants in the action above entitled.

By: /s/ Scott K. Springer (#0313695)

Springer & Gumbel, P.A.

141 W. Fillmore St.

P.O. Box 469

Preston, MN 55965

Phone 507-765-3600

Facsimile: 507-765-3629

Attorneys for Plaintiff,

Benson Feed Mill, Inc.

4/24, 5/1, 5/8