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AGO NAT. RES. SECTION Fax:3038663558 Feb 19 '98 12:55 P.06 <br /> FEB-19-96 10;49 FROMtOELAKEX S. SALCgMg ID=9709459902 PAGE S/B <br /> 5.3 MCR`s r=ajn�lands in Coal Basin,the Prep-Plant Site less the 55.69 <br /> acre paxeel (Timroth sate) and the 83_79 acne parcel (pending;Winter Park sale), for the <br /> purposes of this stipulated settlement shau be subject to art ad valorem tax lien for the <br /> aforesaid reserved issues;provided,however,that so far as the reserved issue is concerned, <br /> at the option of either panty a further escrow may be created,between the County and <br /> MCR,with a res of$40,346.64 in cash or its equivalent in substantially the same terms and <br /> conditions as the present ES4MOW AGREDAEVT.In the event the County and MCR cannot <br /> agree on the terms and conditions of a reserved moues esc:rflw,them MCK may satisfy the <br /> intention of thus%pul.ation by depositing the sum of$40,346.64 in the registry account of <br /> this Court.In the event of either such a further escrow air such a registry account deposit <br /> is made,then and in either event the hither escrow or the registry account deposit shall, <br /> be and become the res which shall be in Jim of any statutory lien, and any lien for the <br /> reserved issues shall be extinguished and the real property shalt be free and clear of any <br /> acid all ad valorem tax liens claimed by the County whatsoever. <br /> 5-4 Upon payment of the escrowed funds by Stewart Title to the County, <br /> the County shall execute and fie with this Court its certificate of partial payment and/or <br /> satisfaction therefor. This certificate of partial payment and/or satisfaction shall be <br /> conclusive proof of payment of the escrowed sums and interest accrued thereon and may <br /> be relied upon by the parties or third-parties interested in the real property that is the <br /> subject matter of this litigation. <br /> 55 Upon payment of the interest short-fall and creation of the reserved <br /> issues escrow or registry account deposit descnbed hereinabove,the County shaII execute <br /> and file with this Court its certificate of payment and/or satisfaction therefor.This certificate <br /> of payment and/or satisfaction shall be conclusive proof of payment of the interest Mort-fall <br /> and/or creation of the reserved issues escrow or registry account deposit and may be r&ed <br /> upon by the parties or third-parties interested in the real property that is the subject matter <br /> of this litigation. <br /> 5.6 Except for the reserved issues, upon satisfaction of the County's ad <br /> vatarm tax lien and daims as aforesaid,all other claims of the County and counterclaims <br /> Of MCR shall be dismissed vv��tk '�ejdice from this graceedir�g,8u�td the Court and MCR <br /> shall each pay its respective costs and attorr:ey fees. <br /> 6. Nothing contained in this Order or the Settlement Stipulation shall be <br /> construed as pre renting the parties from settling one or more parts of the reserved issues. <br /> In the event of such partial setdement or settlements,the then reyx►ainingissue or issues and <br /> intemst difference shall be subject to the bans and conditions of tWs Order or the <br /> Settlement Stipulation as if originally wi tten herein. <br /> ENTERn this 23rd day of F*bruary',1998. <br /> DRAFT,2-19-98 O[ZDmR APPWvNG <br /> Civu No.97 Cu 131-3 -3- SETTLEMENT STHIULATTON <br />