2010-11-09_GENERAL DOCUMENTS - M2006010

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L s pending final adjUdication of the claims of the parties and that Plaintiff is entitled to this Prejudgment (Eder of'Possession; and NOW., THEREFORE, the Court having reviewed the averments of the Verified. Complaint and having heard the testintnony of the parties and/or witnesses on behalf of the parties: It is hereby ORDERED, tNDjTjD(SED AND DECREED that the Sheriff of Las Animas County, or the Sheriff in any other County in which the property is located, State of Colorado, be, and hereby is, ordered to forthwith takes into possession the leased equipment described as follows: Exhib:'.ts "A" and "B" attached hereto. 'I'hat pursuant to Rule 104(i) the Sheriff may enter the premises located at 27201 High,,vay 631, Aguilar, Colorado, or at any location where the equipment may be found, and may break into the respective building or office or storage space if necessary to take the property into his possession and thereafter deliver same to Plaintiff or one of Plaintiff's duly authorized representatives. That u ie Plaintiff need not post a. rLple-6n bond. The Elefendants shall have the- right to except to the surety bond or to the amount of the bond upon the undertaking, or to file a fitten undertaking for the redelivery of the equipment upon filing with this Court a written. undert ding in the amount of $400,000.00 with good and sufficient sureties to be approved by the Clerk of this Court for the delivery of the property to the Plaintiff if such deliver,' be ordered, and, for payment to the Plaintiff of such sutra as may be for any cause, be recovered against the Defendants, and A certified copy of the within Order shall constitute authority- to the Sheriff of Las Anfinaas County, or to the Sheriff in any other County ir: which the property is located, State of Colorado, to proceed as directed herein. DATED this day of February, 2009. BY THE COURT: DISTRICT COURT JUDGE