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First Counterclaim <br /> (In the nature of Mandamus) <br /> 138. For a counterclaim for relief against Plaintiffs, Defendants reallege the <br /> allegations in paragraphs 132 and 133 and ask for relief in the nature of mandamus <br /> pursuant to COLO.R.CIv.P. 106 to compel Plaintiffs,their officers, agents and employees, <br /> to fulfill the statutory mandate of Section 39-10-115 and issue a Certificate of Taxes Due for <br /> the "Prep Plant Tract". <br /> Second Counterclaim <br /> (Tolling of Interest, Fees,etc.) <br /> 139. For a further counterclaim for relief against Plaintiffs,Defendants reallege <br /> the allegations in paragraphs 132, 133, 136 and 137. <br /> 140. Because Plaintiffs,its officers,agents and/or employees have unwarrantably <br /> refused to comply with the statutory mandate of Section 39-10-115 thereby precluding the <br /> liquidation closing scheduled for Mav 29, 1997 on parts of that property,Defendants ask <br /> the Court to toll or halt the running of any and all interest,fees and/or other expenses for <br /> or on account of unpaid ad valorem real property taxes on the"Prep Plant Tract" from and <br /> after the scheduled date of closing. <br /> Third Counterclaim <br /> (Declaratory Relief, PLAN Disbursements) <br /> 141. For a further counterclaim for relief against Plaintiffs in so far as the Escrow <br /> Agreement (complaint Exhibit L), as amended (Answer 199), are concerned, Defendants <br /> reallege the allegations in paragraphs 132 and 133,Defendants ask that the Court declare <br /> and determine: <br /> 142. That this Court has jurisdiction to implement the Escrow Agreement, as <br /> amended, and when the Court is ready to rule (to allow continuing accrual of interest in <br /> the escrow account) and in accordance with Paragraph 4 of the Escrow Agreement, as <br /> amended,Defendants ask that the Court determine,declare and direct payment of escrow <br /> proceeds,together with accrued interest thereon,into the registry account of this Court for <br /> the following disbursements in accordance with the PLAN: <br /> a. Payment of remaining,if any, ad valorem real property taxes, <br /> interest and fees validly assessed against real property sold or <br /> to be sold, <br /> with payment of the balance of escrow funds and subsequent property sale proceeds to <br /> C[VIL No.97 Cv 131-3 -26- AMENDED ANSWER&COUNTERCLAIMS <br />