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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />notice of the date of the hearing on confirmation of the Plan and <br />the last date to object to confirmation of the Plan was duly given <br />by the Debtor to all persons or entities owning taxable property <br />within the Debtor's boundaries as evidenced by the records of the <br />County of Douglas, State of Colorado. Prior.to the entry of this <br />Order, notice of the pendency of this proceeding and of the <br />proposed confirmation of the Plan was duly given in writing to all <br />residents and owners of taxable property within Debtor's <br />boundaries, and all of such persons affected by the Findings Of <br />Fact and Conclusions Of Law herein had the opportunity to appear <br />before this Court and object to the entry of this Order. <br /> <br />8. On April 29, 1994, 216 Valley Group, L.P. filed an <br />Objection to confirmation of the Plan. In addition, on April 29, <br />1994, 216 Valley Group, L.P. cast a vote rejecting the Plan as a <br />member of Class 3. . No other creditor or other interested party <br />filed an objection to confirmation of the Plan. <br /> <br />9. The Court commenced a hearing on confirmation of the Plan <br />on May 4, 1994. At the conclusion of the May 4, 1994 hearing, the <br />Court continued the hearing on confirmation of the Plan to June 1, <br />1994 at 9:00 o'clock a.m. At the conclusion of the June 1, 1994 <br />hearing, the Court determined that no further hearing on <br />confirmation of the Plan was required. <br /> <br />10. At the May 4, 1994 hearing, Counsel for the Debtor and <br />counsel for the Indenture Trustee filed Voting Affidavits with the <br />Court which reflect that Classes 1 and 2 have accepted the Plan by <br />more than one-half in number and two-thirds in dollar amount of <br />those creditors actually casting a ballot in each of these Classes. <br /> <br />11. Article X of the Plan provides that the Plan may not be <br />confirmed until and unless certain Conditions Precedent To <br />Confirmation Of The Plan ("Conditions" or "Condition") have been <br />satisfied. The Conditions are defined in the Plan. <br /> <br />a. The first Condition requires that NP, Inc., a <br />subsidiary of U.S. West, shall have closed into escrow on a sale of <br />all of its real property located in the Debtor to a third party <br />purchaser, subject only to the entry of a final order confirming <br />the Plan. The first Condition has been satisfied. <br /> <br />b. The second Condition requires that the purchaser of <br />the NP, Inc. land and The Writer Corporation shall have each <br />executed and complied with all conditions 0:: a tap purchase <br />agreement with the Debtor substantially in the form attached to the <br />Disclosure statement as Exhibit B, in final form and substance <br />acceptable to the Bondholders' Committee and the Debtor, and that <br />such tap purchase agreements are in full force and effect (subject <br />only to confirmation of the Plan). The Debtor and the Bondholders' <br />Committee have stipulated that the second Condition is <br />substantially satisfied, but that certain terms of the second <br /> <br />2 <br />