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Reception No. 372570 in Book 756 at Pages 841-866 in the office of the <br /> Clerk and Recorder, Pitkin County, Colorado. (The PLAN, its <br /> amendments,and the Confirming Order are Plaintiffs'complaint Exhibit- <br /> B a conformed copy of the PLAIN is Defendants' Answer Exhibit-2.) <br /> The foregoing items, including subparagraphs a., b, c and d are MCR <br /> Exhibits Nos. 4, 4.a, 4.b., 4.c and 4.d enumerated in the Rule 26(a)(1) <br /> Disclosures filed by MCR and the Creditors'Trustee and dated October <br /> 7, 1997. A conformed copy of the liquidation PLAN was previously <br /> furnished to counsel for DMG as Answer Exhibit 2 to Defendants' <br /> amended answer. <br /> Admission Request No.2. Admit that Louis LaGiglia as the Creditors Trustee <br /> has a fiduciary obligation to manage property subject to the Creditors' Trust in a prudent <br /> manner. <br /> Response to Admission Request No. 2. Defendants deny this admission <br /> request. The standard of care imposed upon Louis M. LaGiglia as Trustee is set forth in <br /> paragraph 6.2.4 of the PLAN. <br /> 6.2.4 Exculpation. Neither the Creditors'Trustee nor either of the Creditors' <br /> Representatives shall be personally liable to the Creditors'Trust,to the holder <br /> of an Allowed Claim,or to the Debtor or its corporate affiliates,arising out of <br /> any act or omission as Creditors'Trustee or Creditors'Representative,except <br /> for such acts or omissions as shall constitute misfeasance,gross negligence,or <br /> willful disregard of duties. Except for such acts or omissions,the Trustee and <br /> the Creditors' Representatives shall, from time to time, be entitled to be <br /> exonerated and indemnified by the Creditors'Trust against any loss,expense, <br /> or liability which they may suffer. Neither the Creditors' Trustee nor the <br /> Creditors'Representatives shall be required to give any bond or surety for the <br /> performance of their duties and,if so otherwise ordered,shall be entitled to <br /> be reimbursed for the cost of such bond or surety from the Creditors' Trust. <br /> The foregoing PLAN provision speaks for itself. <br /> Dated this 13'day of March, 1998. <br /> MID-CO? 7i.\-E_\T RESOLT.CES,INC.; <br /> a Delaware corporation <br /> By <br /> Robert Delaney, Vice-President <br /> MCR RESPONSES TO <br /> CIvtL No.97 Cv 131-3 -29- DMG INITIAL_DISCOVERY <br />