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<br />ANN TATIJM <br />129 NORTH COMMERCL4L STREET <br />.TRINIDAD, COI:ORADU 81082. . <br />Phone: 719 84b-0149 Fax., 719 846~O1S9 <br />May 30, 2007 <br />Scot Anderson <br />William Bianco <br />Attorney at Law ~ <br />Davis Grraham & Stubbs LLP <br />1550 .jCYCntCCIIlh SLTCgqt, .Suite SQL] <br />Denver, Colorado 80ZO,Z <br />FACSIMILE: (303) 893-1379 <br />RE: Tatum v Basin <br />Gentlemen: <br />c~~`~~° <br />~~ p`l 9 ~~'O~a~oo, <br />O~~ M ~~n9 a d 5 e~9 <br />We are in n:ceipt of the may 30, 20071etter directed to Mr. Anderson &ou~ Tysvn <br />Powell. <br />Please correct me if I am in error, however it does appear that you are intending to <br />insert certain "key elements" into the Board's order that were not addressed by the Board. <br />I <br />There were twb separate issues addressed by the Board on May 16s'. Each is a <br />performance vlolatlon)and while they address the same issue to some degree they are not <br />the same. <br />The NOV that Basin received is cleaz on its face. Abatement is to conform to the <br />7ud~zment, $622,000.00 plus pre and post judgment interest. You are correct that the <br />Board did not include pre judgment interest with reference to the bond. At no tune did <br />the Board address any amount for abatement of the NOV. Mr. Anderson certainly had <br />the opportunity to request clarification of the Boards order, he failed to do so. Mr. <br />Anderson did ask for the Board to abandon and rebuke the "law" with his request for an <br />extension of the NOV, which was clearly a viulaliun of [he slalc turd federal law. <br />It is our position that for Basin to abate the NOV they must pay the judgment <br />amount, pre and post judgment interest. We do not intend to acknowledge that the NOV <br />has been abated for any less amount. <br />Z0 39tyd Wf11Gl WIC 65Z09b86tL Eb~EL L00Z/0E/50 <br />