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FROM:natural TO:DMG OCT 15, 1993 8:23AM 0085 P.12 <br /> absence of timely objection, Sanwa's consent to the use <br /> of cash collateral may be presumed. <br /> c. Public Service Company of Colorado and the Colorado <br /> Compensation Insurance Authority hold consensual <br /> equipment liens which are junior to the liens held by <br /> Sanwa. The liens have no value and therefore there is <br /> no interest which must be adequately protected. <br /> Nonetheless, a copy of this Third Motion and the <br /> accompanying notice are being served on these <br /> creditors, and in the absence of timely objection it <br /> may be presumed that they consent to the use of cash <br /> collateral requested herein. <br /> d. Prior to Resources' bankruptcy filing, numerous <br /> transcripts of judgment were recorded in the real <br /> property records' of Pitkin, Garfield, and Gunnison <br /> Counties, thereby creating judgment liens on Resources' <br /> real property located in those counties. Additionally, <br /> several mechanics' liens were recorded in the real <br /> property records of those counties. These judgment <br /> liens and mechanics' liens were itemized in the First <br /> Motion. These liens are junior to the liens held by <br /> Sanwa; accordingly, the liens have no value and there <br /> is no interest which must be adequately protected. <br /> Nonetheless, a copy of this Third Motion and the <br /> accompanying notice are being served on the judgment <br /> creditors and mechanics' lien claimants, and in the <br /> absence of timely objection it may be presumed that <br /> they consent to the use of cash collateral requested <br /> herein. <br /> 51. In making this cash collateral request, Resources <br /> represents and acknowledges the following: <br /> a. The funds which it proposes to spend are cash <br /> collateral of Sanwa and there are no funds available to <br /> Resources that are not Sanwa's cash collateral. <br /> b. At Sanwa's request, the expenditure of cash <br /> collateral pursuant to the Third Motion may be <br /> conditioned on the delivery to Sanwa of an <br /> acknowledgement by Resources' corporate affiliates that <br /> Sanwa's consent to the use of cash collateral will not <br /> prejudice or diminish in any way Sanwa's claims against <br /> such affiliates or the assets of such affiliates. <br /> c. Sanwa's consent to the use of cash collateral as <br /> requested in the Third Motion does not constitute <br /> consent by Sanwa for the use of any additional cash <br /> collateral or for the use of the this cash collateral <br /> for any other purposes. <br /> d. Notwithstanding Resources' solicitation of Sanwa's <br /> consent to the use of cash collateral, Sanwa has not <br /> 9 <br />