File Photo EPIC Companies founder Todd Berning speaks at a Ward County Commission meeting April 5, 2022. Berning has been named as a defendant in a $3 million foreclosure lawsuit filed by Bravera Bank on Oct. 18.

The former CEO and founder of EPIC Companies Todd Berning has been named among other defendants in a foreclosure proceeding filed in North Central District Court by a Minot bank.

A complaint of foreclosure filed in North Central District Court by Bravera Bank on Oct. 18 says Henry Land Holding LLC has defaulted on a $3 million mortgage executed on Aug. 13, 2021, with United Community Bank (UCB). UCB merged with Bravera in October 2023, and Henry Land Holdings is now owned by EPIC Holdings LLC. .

According to the complaint, the mortgage was used to purchase nine lots adjacent to The Tracks development on 37th Avenue Southwest.

Berning and co-defendants Brian Kounovksy and William Langer Gokey II signed commercial guaranties for the payment of the mortgage for Henry Land Holdings, which failed to pay all amounts due after Bravera initiated a written demand for payment on Sept. 4.

Additional filings indicate Berning was not located to be served the foreclosure, leading to the notice being served by publication.

Additional defendants include Ackerman-Estvold Engineering and Management Consulting, Minot Paving Company, STC Flooring, Dakota Underground Specialties, Integrated Steel Solutions and The Roofing Company are also listed as defendants as they may have interest in the property due to construction liens filed in July. According to the complaint, the companies’ interest from the construction liens are subordinate to the mortgage.

These events were precipitated by the sudden closure of EPIC Companies in May, and several properties owned or managed by the company throughout the state to change hands. EPIC developed Blu on Broadway in Minot and was developing the Tracks, the downtown Big M building and worked with Essential Living developing the Park South townhomes.

EPIC Companies entered two filings seeking Chapter 11 bankruptcy protection on July 8, claiming assets in the range of $10-50 million. One filing listed between 50-99 creditors and the other listed between 100-199, which included a number of investors from around the state.

Berning individually is also facing foreclosure in Cass County by 7Seven Property Partners LLC of Minot for a defaulted loan of $506,933.