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-1 <br /> d . Prior to Resources ' bankruptcy filing, numerous <br /> transcripts of judgment were recorded in the real <br /> property records of Pitkin County, thereby creating <br /> judgment liens on Resources ' real property located in <br /> that county . Additionally, several mechanics ' liens <br /> were recorded in the real property records of Pitkin <br /> County . These judgment liens and mechanics ' liens were <br /> itemized in the First Motion . These creditors are <br /> being served with a copy of this Second Motion and the <br /> accompanying notice, and in the absence of timely <br /> objection consent to the use of cash collateral may be <br /> presumed. In any event, these liens are junior to the <br /> liens held by Sanwa, so the Debtor submits that the <br /> liens are valueless and therefore that no adequate <br /> protection is required. <br /> 16 . In making this cash collateral request, the Debtor <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 /> the Debtor that are not Sanwa' s cash collateral. The <br /> expenditure of cash collateral pursuant to this Motion <br /> may be conditioned on the delivery to Sanwa of a <br /> similar acknowledgement by the Official Committee of <br /> Unsecured Creditors . <br /> b. The expenditure of cash collateral pursuant to <br /> this Motion may be further conditioned on the delivery <br /> to Sanwa of an acknowledgement by the Debtor' s <br /> corporate affiliates that Sanwa 's consent to the use of <br /> cash collateral will not prejudice or diminish in any <br /> way Sanwa's claims against such affiliates or the <br /> assets of such affiliates . <br /> C . Sanwa 's consent to the use of cash collateral as <br /> requested in this Motion does not constitute consent by <br /> Sanwa for the use of any additional cash collateral or <br /> for the use of the this cash collateral for any other <br /> purposes . <br /> d. Notwithstanding the Debtor's solicitation of <br /> Sanwa ' s consent to the use of cash collateral, Sanwa <br /> has not and does not seek to participate in the <br /> management of the Debtor or in any decisions of the <br /> Debtor regarding environmental compliance, and assumes <br /> no responsibility for any actions or omissions of the <br /> Debtor in connection with the Debtor's use of cash <br /> collateral . <br /> -7- <br />