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96. Of the proceeds derived from the June 30, 1997 sale, $9,468.21 were, by <br /> "Second Amendment to Escrow Agreement", dated June 30, 1997, additionally deposited <br /> in the escrow described in complaint paragraph 23 (complaint Exhibit L). A conformed <br /> reduction copy of the "Second Amendment to Escrow Agreement" is attached to this <br /> answer, marked as Answer Exhibit 8, and incorporated herein by this reference. <br /> 97. The escrowed sum from the June 30, 1997 sale proceeds, $9,468.21, was <br /> entirely due to an allocation for ad valorem taxes due under Tax Assessment Schedule No. <br /> R007863 (aka 18-07863,Answer Exhibit 4 p. 5). <br /> 98. It is believed that the"improvements" that were the subject matter of No. <br /> R007863 were the real property improvements erected in connection with MCR's <br /> underground coal mining operations in Coal Basin. These "improvements" — except for <br /> the lamphouse at the so-called rock-tunnels portals — have been severed from the real <br /> property to which they were formerly appurtenant by M&F/King and salvaged, sold, or <br /> substantially scrapped and otherwise disposed of pursuant to the M&t/KING CONNTRACT <br /> prior to Plaintiffs'preparation of Certificate of Taxes Due No.9701310,dated June 26, 1997. <br /> 99. The Coal Basin mining machinery and equipment that was the subject <br /> matter of No. P004062 (Answer Exhibit 4 p. 1) that could be has been salvaged, sold, or <br /> substantially scrapped and otherwise disposed of pursuant to the M&E/KING CONTRACT. <br /> Plaintiffs failed or neglected to attempt to enforce any lien by statutory remedies during the <br /> disposal of such mining machinery and equipment. <br /> DEFENDANTS' AMENDED AFFIRMATIVE DEFENSES <br /> First Affirmative Defense <br /> (Failure to State a Claim) <br /> 100. For an affirmative defense to the allegations of Plaintiffs' complaint, <br /> Defendants state and allege that the complaint fails to state a claim for which relief may be <br /> granted. <br /> Second Affirmative Defense <br /> (Supremacy Clause) <br /> 101. For an affirmative defense to the allegations of Plaintiffs' complaint, <br /> Defendants reallege the allegations in paragraphs 49-99 above and further state that all <br /> relief sought by Plaintiffs'is in direct contravention of the discretion granted the Creditors' <br /> CIVIL No.97 c-%"131-3 -18- AMENDED ANSWER&COUNTERCLAIMS <br />