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OGO NAT. RES. SECTION Fax:3038663558 Jan 29 '98 10:12 P.05 <br /> JRN 28 '98 02:35PM PITKIN COLVTY ADMIN P.4 <br /> assigned to the Honorable Patricia A. Clark. <br /> e. after filing it became clear it was not feasible to reorganize MCR uncier <br /> Ch.ptei 11 of the Bankruptcy Code. A plan of liquidation, embodying provisions of <br /> Chapt,r 7 of the Bankruptcy Cade.I 1 U.S.C.$F 701-728,was developed,reviewed by the <br /> interested parties and the Creditors' committee,and proposed to the Bankruptcy Court. <br /> Uld mztely, a SEcoNro 1lmeNDED PLAN of LiQuiDAnoN(herein the*PLAN-) was approved <br /> aind confiimed by "Order Confirming Wftr's Second Amended Plan of Liquidation" (the <br /> "C'onjirirzin Orr#ar%ntered April 11, 1994by the Honorable Patrician A. Clark,to whicl•, as <br /> attach«l: <br /> (1) "Debtor's Second Amended Plan of Liquidation", dated. <br /> February 1,1994; <br /> (2) "Amendment to Debtor's Second Amended ?Ian of <br /> Liquidation", dated and submitted March 3,1.994 (revising <br /> Sections 4.3.2(ii) and 4.3.4 and deleting Section 4.3.6); <br /> (3) "Amendment to Debtor's Second Amended Plan of <br /> Liquidation',dated and filed March 9,1994(changing date <br /> in Section 6.5.1.from October 1,1993 to November 29,1993); <br /> and <br /> (4) "Amendment to Debtor's Second Amended Plan of <br /> Liquidation" (April 8, 1994), dated and Filed April 8, 1994 <br /> (adding new Section 6.2.5.1). <br /> The t ortflrning Order became final June 13,1994 and became effective 30 days later (id. � <br /> 1.14),July"4, 1494. <br /> t. The Con, rming Order and its attachments — the PLAN and its three <br /> amendments---were recorded July 28,1994 as Reception No.372570 in Book 756 at Pages <br /> 841-.86 + in the office of the Clerk and Recorder, Pitkin County, Colorado. The PLAN, its <br /> amendments.,and the Con firming0rder are Plaintiffs'complaint Exhlbj-8.For convenience <br /> of refoi,e tce,a conformed copy of the PLAN incorporating the three amendments,reduc--d <br /> in s12n and ivith added Hine numbering to facilitate reference were attached to MC-TI s <br /> amended answer as Answer Exhibit-2. <br /> g. Both the County and DMG were parties to the. Banlauptcy Proceeding. <br /> tUnder. the 3'1-AN the County is a Gass I creditor whose rights are unaltered by the PLAN(� <br /> 3.1). U_-ider the FLAN, DMG is a Class 5 creditor whose rights are affected by the PLAN {§ <br /> 4.-3). <br /> rivn,No.97 cv 131-3 3, I'=N-MCR SM I'LEMEtvr STIFULAMON <br />