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third-party complaint, caps or maximizes the liability payment to DMG at 53,000,000, <br /> subject to several contributory charges, and specifically addresses DMG's PLAN Class 5 <br /> claims (PLAN ¶ 4.3): <br /> 4.3 Class 5. <br /> 4.3.1 Disposition of Pledged Assets. The MLRB,on behalf of the DMG and the <br /> OSM,shall receive the following with respect to assets pledged by the Debtor <br /> to secure reclamation of the Mine Site, the Mid-Continent Quarry, and the <br /> Marblehead Quarry: <br /> (i)the Net Proceeds from the Rockdust Plant,which shall be sold by the <br /> Creditors' Trustee. Alternatively, at the election of the claimants, the <br /> claimants may foreclose on the Rockdust Plant; <br /> (ii)$7,000 in cash on the Effective Date,which shall cause the release of <br /> the deed of trust on the Carbondale Industrial Park securing <br /> reclamation of the Mid-Continent Quarry; and <br /> (iii) the proceeds of the certificates of deposit securing reclamation of <br /> the Marblehead Quarry. <br /> Such property,or the Net Proceeds thereof, shall constitute forfeited bonds <br /> within the meaning of C.R.S. § 34-33-124(4),shall be held by the MLRB,and <br /> shall be expended pursuant to Section 4.3.4 of the Plan. <br /> 4.3.2 Augmentation of Reclamation Bond. The assets pledged to the MLRB <br /> and the OSM to secure the Reclamation Bond shall be augmented by cash <br /> payments from the Creditors'Trust to the MLRB,in the amount of$3,000,000, <br /> less: <br /> (i) the Net Proceeds from the Rockdust Plant or,in the alternative,the <br /> proceeds realized by the MLRB and the OSM from foreclosure on the <br /> Rockdust Plant; <br /> (ii) The costs set forth in the Reclamation Bond for work which is to be <br /> performed by M&E pursuant to the M&E Contract at no cost to the <br /> Debtor,as such work actually is performed; and <br /> (iii) the cost of reclamation work performed prior to the Effective Date <br /> pursuant to cash collateral orders entered by the Court, the cost of <br /> which shall be determined according to the costs for such work set forth <br /> in the Reclamation Bond. <br /> The adjustments provided by subparagraph (iii) above shall occur in lieu of <br /> the recoupment of cash collateral from proceeds of the Rockdust Plant <br /> MCR REsPONSI=<TO <br /> CIVIL No.97 cv 131-3 -18- DMG INITIAL Discos ERY <br />