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STATE OF SOUTH DAKOTA) IN CIRCUIT COURT )SS. COUNTY OF MEADE, ) FOURTH JUDICIAL CIRCUIT ANDREW MORSE and JOHN and EMILY CLARKE, for themselves and on behalf of all similarly situated individuals, 46CIV20-000295, Plaintiffs, v STATE OF SOUTH DAKOTA and/or the SOUTH DAKOTA COMMISSION OF SCHOOL AND PUBLIC LANDS, as successor of the SOUTH DAKOTA CEMENT PLANT COMMISSION and the SOUTH DAKOTA CEMENT PLANT TRUST, ORDER Defendants. Pursuant to the opinion of the court entered on September 16, 2022, it is ORDERED AND ADJUDGED that the Notice of Pendency of Class Action, the original of which has been placed in the file, be sent to all natural persons who own, possess title to, or hold a beneficial interest in, homes located in the subdivision of Hideaway Hills, Black Hawk, South Dakota (“Hideaway Hills”), during the period beginning November 21, 2022, through January 16, 2023. FURTHER ORDERED AND ADJUDGED that such notice be sent by registered mail by counsel for plaintiff to those persons constituting the class, at their last known address, and by publication of a notice once a week for six consecutive weeks in a daily or weekly newspaper of statewide circulation, and by delivery to those counsel known by Plaintiffs to represent individual members of the class. FURTHER ORDERED AND ADSUDGED that on or before February 16, 2023, counsel for plaintiff report in writing to the court the results of the sending of the class action notices, and that they file with the court as a part of such report all written inquiries received by them from members of the class, F TILED NOY 22 2022 SOUTH DAKOTA UNIFIED zunicial SYSTEM ATHCRCUT CLERK OF COURT Dated this wb of November 2022. Attest Kevin LK Rude, Jennifer Circuit Court Judge Clerk/Deputy FILED 2 NOY 22 22. SOUTH DAKOTA UNFIED suniciAL SYSTEM “4TH CIRCUIT CLERK O> COURT

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