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Mr. Michael Long <br />Mr. Kevin Riordan <br />April 20, 1998 <br />Page - 2 <br />Fax:3038663558 Nov 17 '98 16:06 P.03 <br />meeting in Denver, and subsequent meetings are in the nature of <br />compromise without prejudice to the parties in Case No. 97CV13a- <br />3, District Court, Pitkin County, Colorado, presently scheduled <br />for trial to commence August 7, 1998. In view of settlement <br />talks, it was agreed that counsel would contact the Court to <br />request changes in the Trial Management Order so as to <br />- accommodate the settlement negotiations. <br />As a matter relevant to settlement, I explained that a <br />decision had been made by the Mid- Continent principals to form a <br />Limited Liability Company (tentatively Midcon Realty, LLC. herein. <br />'LLC") which will purchase from the Bankruptcy Trustee the <br />remaining parcels of Mid - Continent Resources real estate <br />consisting of the balance of the Prep Plant tract, the Coke Oven <br />tract, and the Unit Train Loadout tract. From the proceeds, the <br />Trustee will retain for reclamation an amount equal to $3,000,000 <br />t less $882,504 for Mid- Continent and M&E /King work, and less <br />amounts previously paid to DMG. The amount so retained will be <br />disbursed according to negotiated settlement, or according to <br />Decree of the District Court if negotiations fail. The remainder <br />of the net purchase price, less an amount retained by the Trustee <br />for Trust administration and legal costs, will be distributed to <br />other creditors in accordance with the Bankruptcy Liquidation <br />Order. <br />Eighty -five acres are expected to be transferred to the <br />U. S. Forest Service on an exchange transaction (the Winter Park <br />exchange) during the latter part of April, 1998. <br />As to the remaining 265 acres in the Prep Plant tract, <br />the preferred alternative will be to sell to the U. S. Forest <br />Service on an exchange transaction provided settlement is reached <br />on several issues. In the alternative, this property will remain <br />in private ownership either'in the LLC, or a grantee, with <br />primary emphasis on recreational uses. <br />