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

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secure reclamation of the Mine Site, the Mid-Continent Quarry, and the Marblehead Quarry: (i) the Net Proceeds from the Rockdust Plant, which shall be sold by the Creditors' Trustee. Alternatively, at the election of the claimants, the claimants may foreclose on the Rockdust Plant; (ii) $7,000 in cash on the Effective Date, which shall cause the release of the deed of trust on the Carbondale Industrial Park securing reclamation of the Mid-Continent Quarry; and (iii) the proceeds of the certificates of deposit securing reclamation of the Marblehead Quarry. Such property, or the Net Proceeds thereof, shall constitute forfeited bonds within the meaning of C.R.S. S 34-33-124 (4) , shall be held by the MLRB, and shall be expended pursuant to Section 4 .3.4 of the Plan. 4.3.2 Augmentation of Reclamation Bond. The assets pledged to the MLRB and the OSM to secure the Reclamation Bond shall be augmented by cash payments from the Creditors' Trust to the MLRB, in the amount of $3,000,000, less: (i) the Net Proceeds from the Rockdust Plant or, in the alternative, the proceeds realized by the MLRB and the OSM from foreclosure on the Rockdust Plant; (ii) $500,000, representing the cost of work estimated in the Reclamation Bond which is to be performed by M&E pursuant to the M&E Contract, at no cost to the Debtor; and (iii) the cost of reclamation work performed prior to the Effective Date pursuant to cash collateral orders entered by the Court, the cost of which shall be determined according to the costs for such work set forth in the Reclamation Bond. The adjustments provided by subparagraph (iii) above shall occur in lieu of the recoupment of cash collateral from proceeds of the Rockdust Plant provided under prior cash collateral orders of the Court. 4 .3.3 No Other Payment Under Plan. Class 5 claimants shall receive no other payment under the Plan, as the holder of administrative claims, general unsecured claims, or otherwise. 8