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amount(s) certified by Pitkin County in its Certificates of Taxes Due.The original retained <br /> sums were placed in escrow (the "Stewart Title escrow") in accordance with an "Escrow <br /> Agreement" (Plaintiff's complaint Exhibit L), as amended. <br /> Proceeds from the April 29, 1997 sales (S46,215.00, $42,120.00, and <br /> $111,735.00) were, by "Amendment to Escrow Agreement," dated April 29, 1997, were <br /> added to the Stewart Title escrow. A reduction, conformed copy of the "Amendment to <br /> Escrow Agreement," dated April 29, 1997, is Answer Exhibit 6 to Defendant's amended <br /> answer filed in this action, a copy of which was furnished to counsel for DMG. <br /> On June 30,1997 a further sale of Coal Basin real property occurred,the so- <br /> called"Timroth sale"(approximately 55 acres of the approximate 405 acre Preparation Plant <br /> Site). Of the proceeds from this sale, $9,468.21 were, by "Second Amendment to Escrow <br /> Agreement,"dated June 30,1997 added to the Stewart Title escrow.A reduction,conformed <br /> copy of the "Second Amendment of Escrow Agreement," dated June 30, 1997, is Answer <br /> Exhibit 8 to Defendant's amended answer filed in this action, a copy of which was <br /> furnished to counsel for DMG. <br /> Stewart Title as escrow agent in connection with the several closings on <br /> MCR Pitkin County real property paid Pitkin County the following sum of money as <br /> escrow agent under the original Escrow Agreement and its two amendments: <br /> $668,513.85 <br /> as evidenced by the Certificate of Payment Pursuant to order Approving Settlement,"filed <br /> by Pitkin County with the Court and dated march 2, 1998. <br /> Interrogatory No. 17. Identify the person(s) who made the decision(s) on <br /> behalf of the Creditors' Trust as to actions to take to address past, present, or future tax <br /> assessments on personal or real property sold pursuant to MCR's liquidation plan, <br /> including the person(s)who made decisions on whether to protest tax assessments or seek <br /> abatements as to interests assessed by Pitkin County.If you identify more than one person, <br /> please state the dates on which each person made the decisions and the transactions on <br /> which each person made decisions,and the authority under which such person made the <br /> decisions. <br /> Response to Interrogatory No. 17. For the years 1990, 1991 and 1992, MCR <br /> sought and obtained appropriate reassessments, adjustments and abatements from ad <br /> valorem tax assessments.Following the effective date of appointment as Creditors'Trustee, <br /> July 13, 1994, Louis M. LaGiglia, reviewed the status of the ad valorem taxes owed Pitkin <br /> County.Because he initially was without funds to make payments if adjusted or abated,the <br /> Creditors'Trustee determined not to immediately seek any abatements or adjustments for <br /> MCR RESPONSES TO <br /> CIVIL No.97 cv 131-3 -16- DMG INITIAL DISCOVERY <br />