1993-01-18_GENERAL DOCUMENTS - C1981017 (2)

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John Deere 310A backhoe loader, (vii) one CAT backhoe, (viii) one CAT 16 G motor grader, (ix) one Kenworth dump truck, and (x) one 915 EIMCO loader with bucket. 1.3.432 Reclamation Plan shall mean the Debtor's reclamation plan for the Mine Site submitted pursuant to the Colorado Surface Coal*' Mining"Reclamation Act, C.R.S. Title 34 , Article 33, as approved by the MLRB 1n"permit-C-81-017 and governed by the terms of that Act. 1 .3-&33 Rockdust Plant shall mean the parcel referred to on the Debtor's Schedule A as the "Carbondale Rock Dust Plant Tract, " and the fixtures, equipment, and other personal property located therein. 1."34 Sanwa shall mean Sanwa Business Credit Corporation, or': its successors or assigns. ARTICLE II CLASSIFICATION OF CLAIMS AND INTEREST 2. 1 Class 1 -- Property Taxes. Class 1 shall consist of the Allowed Claims of the State of Colorado and its political subdivisions, including Garfield County, Gunnison County, and Pitkin County, for property taxes accrued to the Effective Date, which are secured by a senior statutory lien on the Debtor's real and personal property. 2.2 Class 2 -- Patsantaras. Class 2 shall consist of the Allowed Claim .of Mabel Patsantaras, which is secured by a senior consensual lien on approximately 2900 acres of real property located within the Mine Site. 2.3 Class 3 -- Caterpillar. Class 3 shall consist of the Allowed Claim of Caterpillar Financial Services Corporation, which is secured by a purchase money security interest in the Debtor's Caterpillar D-8 Dozer and Backhoe. 2.4 Class 4 -- Sanwa. Class 4 shall consist of the Allowed Claim of Sanwa, which is secured by consensual liens on substantially all real and personal property of the Debtor. The Class 4 claim shall include both the secured and undersecured portion of Sanwa's Allowed Claim. -5-