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52. For their reply to the averments of paragraph 138. Plaintiffs incorporate by <br /> this reference their reply to the averments in paragraphs 132 and 133 and paragraph 50 of <br /> this reply, and further state that the only request for a Certificate of Taxes due for the Prep <br /> Plant tract (as a request specifically describing real property, not a request for certificate <br /> for tax schedule numbers) was for the 55-acre parcel which has already been sold and for <br /> which proceeds have been escrowed. that the claim for mandamus is substantially <br /> frivolous, groundless or vexatious. and except as so stated. deny the remaining averments <br /> of paragraph 138. <br /> 53. For their reply to the averments of paragraph 139. Plaintiffs incorporate by <br /> this reference their replies to the averments in paragraphs 132. 133. 136. and 137. <br /> 54. Plaintiffs deny the averments of paragraph 140. <br /> 55. Plaintiffs incorporate by this reference their replies to paragraphs 132 and <br /> 133, for their repi}, to paragraph 141. <br /> 56. Plaintiffs admit the averments of paragraph 142 except for the portion <br /> requesting specific disbursements in accordance with the Plan and deny that the <br /> disbursements requested in paragraph 142 are in accordance with the Plan. Specifically, <br /> Plaintiffs state that disbursements as requested by Defendants would result in a change in <br /> Plaintiffs' classification as a Class 1 secured creditor to an unclassified, unsecured <br /> creditor with no priority, contrary to the express intent of the Plan. <br /> 57. To the extent that paragraph 143 is an averment. Plaintiffs deny that the <br /> correct interest on ad valorem property taxes under Pitkin County Tax Assessment <br /> Schedule R007863 is the rate of twelve percent (12%) per annum. that the interest rate for <br /> the 1990 taxes. which proceeded to a tax sale in 1991, prior to the filing of bankruptcy, <br /> was fifteen percent ( 15%), and remains 15 percent ( 15%). and that for the other years of <br /> taxes due. twelve percent ( 12%) is the correct interest rate, and except as so stated. deny <br /> the averments of paragraph 143. <br /> 58. Plaintiffs incorporate by this reference their replies to the averments of <br /> paragraphs 132 and 133 for their response to paragraph 144. and deny any remaining <br /> averments of paragraph 144. <br /> 59. Plaintiffs incorporate by this reference their replies to the averments of <br /> paragraphs 132 and 133 for their response to paragraph 145, and further, admit that with <br /> respect to any personal property sold pursuant to the M & E/King Contract which was <br /> subject to the tax liens from Schedule 4062 was extinguished by the sale pursuant to <br /> Section 6.2.2 of the Plan. that the taxes due on all such sales of personal property should <br /> have been paid by the Trustee from the proceeds from those sales prior to any distribution <br /> of "Net Proceeds" to any other creditors, and except as so stated, deny the remaining <br /> averments of paragraph 145. <br />