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for schedules 7863 and 4062. Additional interest accrues at the rate of 12% per <br /> annum,and additional taxes for 1997 will be assessed January 1, 1998. <br /> 27. Following the establishment of the Escrow, Pitkin County requested that <br /> the bankruptcy Court reopen the case, which Defendants opposed and which the <br /> Bankruptcy Court declined to do, for the reasons set forth in the Order attached as <br /> Exhibit A. <br /> FIRST CLAIM FOR RELIEF <br /> (Declaratory Judgment) <br /> 28. Pitkin county incorporates by this reference the allegations of <br /> paragraphs 1-27 herein. <br /> 29. An actual controversy exists regarding the rights and obligations of the <br /> parties under the Plan with respect to payment of Fitkin County's taxes. <br /> 30. Pitkin Countv is entitled to a declaration that the Plan requires pament of <br /> taxes first before distribution of any sale proceeds by the Trustee, and that the taxes due <br /> tinder schedule 7863 constituted a valid lien on the real property which was sold on <br /> July 31, 1996, and on any remaining real property owned by Mid-Continent in the <br /> area described in schedule 7863. <br /> SECOND CLAIM FOR RELIEF <br /> 31. Pitkin County incorporates by this reference the allegations of paragraph <br /> 1-27 herein. <br /> 32. Defendants' failure to pay Pitkin County the real and personal property <br /> taxes from the proceeds of sales of personal property and improvements of Mid- <br /> Continent previously located in Pitkin County constitutes a breach of the contract <br /> established by the Plan. <br /> 33. Pitkin County has been damaged by Mid-Continent's breach in an <br /> amount to be established at trial, representing the total proceeds realized by Mid- <br /> Continent from the sale of personal property and improvements previously located in <br /> Fitkin County and distributed to other creditors without first paving the outstanding <br /> amounts due to Pitkin County as required by the Plan. <br /> THIRD CLAIM FOR RELIEF <br /> (Accounting) <br /> 34. Pitkin Countv incorporates bv_ this reference the allegation of paragraph <br /> 1 -27 herein. <br /> 35. Upon information and belief. personal property and improvements <br /> subject to Pitkin County tax liens have been sold by Mid-Continent through a <br /> bankruptcy court approved contract with cat & E. and pursuant to Bankruptcy Court <br /> Order, the terms and amounts of sales were and are confidential. <br /> 4 <br />