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(d) The good faith of the CDMG is further questioned because of the fact that <br /> a loan commitment was obtained from Sanwa Business Credit Corporation in the amount <br /> of up to$2,000,000 to pre-fund the Class 5 reclamation claim, the Class 6 environmental <br /> claim and the Class 9 general unsecured creditors' claims. This was arranged through <br /> the Trustee, Resources, and Mid-Continent Minerals Corporation (parent of Resources) <br /> in the hope of accelerating completion of reclamation to meet the 1995 time frame <br /> prescribed in the Reclamation Plan. Payment to CDMG was conditioned upon <br /> accounting for expenditures to verify compliance with the Reclamation Plan, compliance <br /> with the bankruptcy Liquidation Plan and advance disclosure to the intended reclamation <br /> actions. CDMG declined to accept this offer, thus indicating a lack of concern as to full <br /> funding of the reclamation obligation. However, the Class 9 unsecured creditors' claims <br /> have been paid in full subject to the subrogation provisions of Section 6.7 of the <br /> Reclamation Plan. <br /> 12. Resources could not have sold the real property that is has sold since the filing <br /> of the bankruptcy if the real property had not been cleaned up. The contracts for the sale of the <br /> real estate generally required cleanup as a condition of sale. <br /> 3 <br />