1997-07-31_GENERAL DOCUMENTS - C1981017 (2)

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34. Plaintiffs admit the averments of paragraph 86. 35. Plaintiffs admit that DMG bond reclamation work began in 1995 and continued in the 1996 work season, and except as so admitted, are without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 87. 36. Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 88. 37. Plaintiffs admit the averments of paragraph 89. 38. With respect to the averments of paragraph 90. Plaintiffs state that the legal description for Tax Schedule R007863 contained in Answer Exhibit 4 is incomplete, that Schedule R007866 was combined with Schedule R007863 in 1992, that Schedules R007944 and R007948 became Schedule Nos. R015291. R015292, and R015293, and except as so stated. admit the averments of paragraph 90. 39. Plaintiffs admit the averments of paragraph 91. 40. Plaintiffs admit that certain sales of MCR Coal Basin property occurred in 1995 and 1996. that the parcels are described in Answer Exhibit 5, pages 1-10, that certain ad valorem taxes were paid, that none of the ad valorem taxes due on such sales under Schedule R007863 were paid. that proceeds from the July 1996 sales were deposited into an escrow described in the Complaint in paragraph 23, and except as so stated, deny the averments of paragraph 92. 41. Plaintiffs admit the averments of paragraph 93. 42. Plaintiffs admit the averments of paragraph 94. except to the extent that those averments imply that all ad valorem taxes due on this property were paid, and specifically deny that any portion of the ad valorem taxes due on these properties pursuant to Schedule R007863 were paid. 43. Plaintiffs admit the averments of paragraphs 95. 96 and 97, and state that the allocation Nvas based upon the fact that all of the real property identified in the Schedule which Mid-Continent still owned as of July 1996, not just the Prep Plant Site, was encumbered by the lien for those taxes. 44. Plaintiffs admit that the improvements that are the subject matter of Schedule R007863 were real property improvements constructed in connection with MCR's coal mining operations in Coal Basin, that some improvements had been severed from the real property. salvaged, sold, scrapped. or otherwise disposed of prior to preparation of Tax Certificate No. 9701310 dated June 26. 1997, and except as so stated, are without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 98. 5