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Since the MLRD required other lienors to subordinate their lien rights to the reclamation rights of the MLRD, Peerless executed a number of agreements. These Agreements were with Melco (the "Melco Settlement Agreement"); with Burnett (the "Burnett Agreement"); and with First National Bank of Durango (the "Bank Agreement"). Melco, Burnett and the Bank were secured creditors of AMCC but are unsecured creditors of Peerless. Since the MLRD requires that the S140,000 bond be maintained, Springer is unable to withdraw the 5140,000 letter of credit. Furthermore, once the 5140,000 has been placed in the Sun West escrow account by Peerless, Springer will be absolved of liability on the letter of credit. Springer, however, will still have a claim for interest accrued under the Springer Agreement. This claim for interest, however, is actually a bond finance premium. As of the date of filing this Plan, Peerless owes Springer approximately 547,000 in interest. Peerless proposes paying Springer, before the creditors' fund is disbursed to other creditors, 525,000 to settle Springer's claims in full. DCC would agree to contribute to funds noted above and to relinquish its claim for 5445,000 for Peerless' release of any rights, title, options or claims Peerless has under ` the Joint Venture Agreement. Furthermore, DCC would be I • , ~y''~ allowed to mine coal at the site under Peerless' MLRD 1 permit. when all creditors are paid, Peerless would transfer the permit to DCC. Peerless is willing to allow DCC to fund its reorganization in hopes that a plan can be put forth which will allow Debtor's unsecured creditors to be paid. Peerless and DCC believe that when the mine is put into production, approximately 10,000 tons per month will be produced and sold within one year and 20,000 tons per month will be produced and sold within two years. Peerless believes that its creditors would be paid off within 5 or 6 years of the effective date of the Plan. ARTICLE VII GENERAL PROVISIONS 1. All property of the Debtor shall be dealt with by the Amended Plan and, upon confirmation, the Debtor shall be revested with all assets and shall retain all property except as specifically provided in the Amended Plan for the purposes of continuing their business operation. 2. The Debtor may undertake to borrow outside funds for any obligations that the Debtor may incur in the ordinary course of business which would include maintenance, repair, enhancement of any property of the Debtor and acquisition of any property for the Debtor in the ordinary course of business.