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t~ • • <br />Mr. Gregg R. Squire <br />August 16, 1996 <br />Page - 2 <br />proceeds paid over to the DMG. The proceeds derived from the <br />Rock Dust Plant were insufficient to meet reclamation obligations <br />under approved Plan and provision was made to make up the <br />deficiency up to $3,000,000 by liquidation of assets pursuant to <br />provisions of. Debtors' Second Amendment Plan of Liquidation, Case <br />No. 92 116058PAC, United States District Court for the District <br />of Colorado in Bankruptcy confirmed by Order of the Court dated <br />April 11, 1994. DMG consented to this Plan and is bound thereby. <br />2.0 The Bankruptcy Liquidation Plan (the Liquidation <br />Plan). <br />2.1 Attention is called to the following numbered <br />paragraphs of the Liquidation Plan: <br />2.5 Defines Class 5 reclamation claims "for <br />reclamation pertaining to, or related to, the Mine <br />Site, the Marble Head Quarry, and the Mid- <br />Continent quarry, whether or not such claims arise <br />under the Debtors' approved reclamation plan, <br />applicable federal or state statute, regulation, <br />rule or other doctrine of law or equity. . <br />Class 5 claims specifically include (i) claims <br />arising under MLRB Permit Nos. C-81-017, M-82-121 <br />and M-77-420". <br />4.3.1 Directs allocation by the Trustee of <br />proceeds of sales for reclamation; provides that <br />proceeds shall constitute forfeited bonds to be <br />held by MLRB and expended pursuant to Section <br />4.3.4 of the Plan which provides for negotiation <br />of a reclamation schedule "among the Debtor, the <br />DMG, and the MLRB" and that "funds received by the <br />MLRB pursuant to Section 4.3.1 and 4.3.2 of the <br />Plan shall be expended by the MLRB pursuant to the <br />Reclamation Plan and such reclamation schedule." <br />4.3.3 "No Other Payment Under Plan. Class 5 <br />