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22. "Reclamation Bond" referred to in Plan section 4.3.2 is defined in Plan section <br />1.30. The Plan also states (§ 4.3.5): <br />4.3.5 Residual Funds. In the event that the Mine Site is fully reclaimed <br />without expending all funds distributed to the MLRB under the Plan, <br />the balance of such funds shall be used, first, to complete any <br />distributions owed to Class 9 under the Plan; second, to supplement the <br />funds reserved for Class 6 claims pursuant to Section 4.4 of the Plan; <br />and third, to pay Sanwa on account of Sanwa's Class 4 claim. [Double <br />underlining added.] <br />FIRST CLAD] FOR RELIEF <br />(Injunction) <br />23. MidCon hereby incorporates all previous averments as if set forth in full. <br />24. MidCon owns certain real property within Coal Basin that is subject to the <br />ongoing reclamation being performed by DMG. <br />25. DMG, as part of its reclamation work, proposes to raze and destroy the rock <br />tunnel's Lamp House, its power lines, a metal building near the former preparation plant, access <br />roadways, culverts for stream crossings and water tank (collectively "Improvements "), all on <br />property currently owned by MidCon. <br />26. MidCon desires to use the Improvements for post - mining uses and does not want <br />them destroyed. <br />27. MidCon has requested that DMG provide assurances that DMG will not destroy <br />the Improvements, but DMG has not given such assurances. <br />28. Because the Improvements are on real property, destruction of the Improvements <br />will cause irreparable harm and there is no adequate remedy at law. <br />MidCon. <br />CIVIL No. 97 cv 131 -3 <br />29. Restraining the destruction of the Improvements would be in the public interest. <br />30. The balance of the equities favors such an injunction. <br />31. DMG proposes to destroy the Improvements without paying any compensation to <br />32. Destruction of the Improvements is not for any public purpose. <br />-5- <br />MIDCON REALTY, LLC's <br />THIRD -PARTY COMPLAINT <br />