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11/30/98 18:37 FAX 3037962777 BII&NS FIGA & WILL Z 009/014 <br /> MCR BANKRUPTCY FILING <br /> 9. On February 12, 1992, MCR filed a Chapter 11 reorgaiuiation proceeding under <br /> I 1 U.S_C. §§ 1101 - 1113 (part of the federal Bankruptcy Code) in the United States Bankruptcy <br /> Court for the District of Colorado. This filing was docketed as In re Mid-Continent Resources, Inc, <br /> T I N 36-1475193, Debtor, assigned Case No. 92 11659 PAC and assigned to the Honorable <br /> Patricia A_ Clark. Both Pitkin County and DMG were named creditors in the bankruptcy <br /> proceeding. <br /> 10. DMG, like Plaintiff Pitkin County,was a party to the;vICR bankruptcy proceeding <br /> from the onset_ <br /> BANKRUPTCY LIQUIDATION PLAN <br /> 14. Once the final prospective purchaser for the mine property withdrew, it was clear <br /> it was not feasible to reorganize MCR under Chapter 11 of the Bankruptcy Code. A Plan of <br /> liquidation, was developed, reviewed by the interested parties and the bankruptcy Creditors' <br /> Committee, and then proposed to the Bankruptcy Court. Ultimately, a SECOND AMENDED PLAN OF <br /> LIQUIDATION (herein the "Plan") was approved and confirmed by "Order Confirming Debtor's <br /> Second Amended Plan of Liquidation" (the "Confirming Order"), which was entered April 11, <br /> 1994,by the Honorable Patricia A. Clark,to which is attached: <br /> a. "Debtor's Second Amended Plan of Liquidation," dated February <br /> 1, 1994;, <br /> b. "Amendment to Debtor's Second Amended Plan of Liquidation," <br /> dated and submitted March 3, 1994 (revising Sections 4.3.2(ii) <br /> and 4.3.4 and deleting Section 4.3.6); <br /> C. "Amendment to Debtor's Second Amended Plan of Liquidation," dated and <br /> filed March.9, 1994 (changing date in Section 6.5.1 From October 1, 1993 <br /> to November 29, 1993); and <br /> d. "Amendment to Debtor's Second Amended Plan of Liquidation" <br /> (April 8, 1994), dated and filed April 8, 1994 (adding new <br /> Section 6.2.5.1). <br /> The Confirming Order became final June 13, 1994 and it became effective 30 days later (Plan § <br /> 1.14). <br /> 15. The Confirming Order and its attachments --the Plan and its three amendments -- <br /> were recorded July 28, 1994 as Reception No. 372570 in Book 756 at pages 941-866 in the office <br /> of the Clerk and Recorder, Pitkin County, Colorado. The Plan, its amendments, and the Confirming <br /> MIDCoN REALTY,LLC's <br /> -3- <br /> CIVIL No. 97 cv 131-3 T H RD-PARTY CONPL ANT <br />