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RECEIVED 999 <br /> APR 101997 <br /> DNISion of Mmerais a 1,eo1o9y NKRUPTCY COURT <br /> FOR THE DISTRICT OF COLORADO <br /> In re: ) <br /> JIMMIE DEAN BRALEY,SR. ) CASE NO.95-12008 RIB <br /> SSN: 524-50-0342, ) Chapter 7 <br /> Debtor. ) <br /> NOTICE OF TRUSTEE'S MOTION TO APPROVE SETTLEMENT AGREEMENT <br /> PLEASE BE ADVISED that the Trustee has filed a Motion to Approve Settlement Agreement seeking approval of a <br /> Settlement Agreement between the Trustee, ARS Sand&Gravel Co., LLC("ARS"); Lynn M. Braley, individually and as spouse <br /> and personal representative of Jimmie Dean Braley.Jr.deceased,(the"Braleys")and other parties-in-interest. <br /> The Settlement Agreement provides for a settlement of litigation against the Bankruptcy Estate and others, presently <br /> pending in the United States Bankruptcy Court for the District of Colorado as Adversary Case No.96-1774-RJB wherein the Braleys <br /> claim ownership by adverse possession of the approximately 2.9 acres of the Debtor's 97 acres of real property located in Douglas <br /> County,Colorado. The Debtor's property,with Court approval,has previously been sold to ARS. To resolve the pending adversary <br /> proceeding and other disputes, the Settlement Agreement provides,among other things, for(1) the dismissal with prejudice of the <br /> adversary proceeding; (2)the delivery of a Quit Claim Deed by the Braleys to ARS;(3)the payment of a settlement payment by the <br /> Estate and ARS to Lynn M. Braley in an amount totaling$8,000.00(Estate's portion$3.000.00);(4)the transfer by the Trustee to <br /> ARS of the Estate's right,title and interest to the stock of Braley Sand&Gravel, Inc.and miscellaneous personal property; and(5) <br /> the Mutual Release of the parties. A copy of the Motion is available for review in the United States Bankruptcy Court for the District <br /> of Colorado 721 19th Street,Denver,Colorado 80202. <br /> Pursuant to Rule 202 of the Local Rules of Bankruptcy,if you desire to oppose this action you must file a written objection <br /> and request a hearing with the Court on or before May 5, 1997 and send a copy to the undersigned attorney. Objections and requests <br /> for hearing shall clearly specify the grounds upon which they are based including the citation of supporting legal authority if any. <br /> General objections will not be considered by the Court. <br /> In the absence of a timely and substantiated objection and request for hearing by an interested party, the Court may <br /> approve the proposed action without further hearing or notice. <br /> Dated this 9th day of April, 1997. <br /> Respectfully submitted <br /> BLOCK MAP KUS WILLIAMS,L.L.C. <br /> Ll.C1C/ K-0-4%, <br /> Howard R.Tallman,No. 10103 <br /> 1700 Lincoln,Suite 3550 <br /> Denver,CO 80203 <br /> Telephone: (303)830-0800 <br /> Attorneys for Tom H.Connolly, <br /> Chapter 7 Trustee <br />