1994-02-01_GENERAL DOCUMENTS - C1981017 ‎(3)‎

• Permit No: C1981017
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Date: 2/1/1994
• Doc Name: Case No. 9211658 Debtors Second Amended Plan of Liquidation
• Permit Index Doc Type: General Correspondence
• Media Type: D
• Archive: No

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.
2.5 Class 5 -- Reclamation Claimants. Class 5 shall
consist of the Allowed Claims of the MLRB, the DMG, and the OSM for
reclamation pertaining to, or related to, the Mine Site, the
Marblehead Quarry, and the Mid-Continent Quarry, whether or not
such claims arise under the Debtor's approved Reclamation Plan,
applicable federal or state statute, regulation, rule, or other
doctrine of law or equity, and whether or not such claims represent
claims for money damages, injunctive relief, or for enforcement of
other legal or equitable rights. Class 5 claims specifically
include (i) claims arising under MLRB Permit Numbers C-81-017, M-
82-121, and M-77-420; (ii) amounts required under the Debtor's
current performance bond and any revisions thereto to which the
MLRB, the DMG, or the OSM may now or hereafter be entitled and
(iii) any fines or penalties for violation of any applicable
statute, regulation, or rule pertaining to reclamation or interim
maintenance of the Mine Site. Class 5 claims specifically exclude
reclamation taxes, which are treated as priority taxes pursuant to
Section 5.2 of the Plan. The Class 5 claims pertaining to the Mine
Site are secured by a senior consensual lien on the Rockdust Plant.
The Class 5 claims pertaining to the the Mid-Continent Quarry are
secured by a senior lien on the Carbondale Industrial Park, limited
in amount to $7,000. The Class 5 claims pertaining to the
Marblehead Quarry are secured by two certificates of deposit, in
the approximate amount of $4,500.
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