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JOHN J. LEFFERDINK JOHN S. LEFFERDINK JAMES R. BULLOCK November 19, 1993 ~~~ ~~~II~~I~I~~~~~~ ass LEFFERDINK & BULLOCK ATTORNEYS A7 LAY 409 SOUTX MAIM DRAPER 710 LAMAR, COLORADO 81052-0110 Colorado Division of Minerals and Geology 1313 Sherman Street, Room 215 Denver, CO 80203 Attention: Mr. Thomas Shreiner Re: Midwestern Farms Application Dear Mr. Shreiner: FAK (779) 336-7621 TELEDHONE (779)336-7411 ,~;:'l; ~ p 1;;'~3:i Reference is made to our telephone conversation of this date concerning the above matter. The claim by Mike Hammit on behalf of the Gene Hammit family and Edna E. Gilly, Trustee of the Jada Trust is totally without merit. Midwestern Farms filed suit against the Hammits in Prowers County, Colorado, District Court under Case No. 87CV81. Enclosed is a copy of Amended Order granting partial summary judgment dated April 14, 1989 wherein the Court held that Midwestern Farms was the owner of the subject mineral rights. This Order was later confirmed in a Decree entered by the Court after trial on September 25, 1989, an excerpt of which is attached. Paragraph 4 on page 2 of the Decree reaffirms the earlier ruling. This Order was never appealed by the Hammits and is res judicata. We also checked with the Prowers County Treasurer's office and were advised that there is an outstanding tax sale certificate held by Jack O. Bowman, Trustee, a copy of which is attached. However, we believe this tax lien is invalid since the Court had ruled that a public trustee's deed issued June 14, 1985 had extinguished this mineral reservation. We will apply to the Prowers County Commissioners to void this tax sale certificate. If we are unsuccessful, we will pay the taxes. However, in any event, the tax lien does not in any way affect the ownership or title to the mineral rights.