RECEIVED IN THE SUPERIOR COURT OF THE VIRGIN ISI4N)A DIVISION OF ST. THOMAS AND ST. JOHN z 4 2017 DUDLEY, TOPPER AND FEUERZEIG, LLP 1000 Froderksberg Gado em 766 Thorn's, U.S %U. 00&34-0756 0.40) 774.4422 LSJE, LLC Plaintiff, v. BETTEROADS ASPHALT CORPORATION ) ) ) ) ) ) ) ) ) ) Case No. ST-16-CV-615 THIRD-PARTY HEAVY MATERIALS, LLC'S NOTICE OF REMOVAL & DISPOSAL Heavy Materials, LLC ("Heavy Materials")—the prior landlord of Defendant, Betteroads Asphalt Corporation a/k/a Betteroads Asphalt LLC ("Betteroads")—respectfully notifies the parties and the Court that it intends to remove and dispose of the asphalt plant ("Plant")1 which still remains on Heavy Materials' property located in Estate Bovoni, St. Thomas ("Premises") over five (5) months after Betteroads' month-to-month lease of the Premises ended. Betteroads' failure to remove its property, including the Plant, from the Premises necessitated the filing of a forcible entry and detainer action by Heavy Materials to establish its right to restitution of the Premises. On December 8, 2016, the Court entered judgment granting Ileavy Materials the right to immediate restitution of the Premises. A copy of the Judgment is attached as Exhibit 2. The Court's order correctly stated that "removal or disassembly of the asphalt plant on the premises is really an issue for which Defendant [Betteroads] is responsible, unless the parties can arrive at a mutually satisfactory agreement to resolve same." See id. at p. 3. Subsequent to the entry of the Judgment, Heavy Materials made multiple requests for Betteroads to remove the Plant from the Premises. As of the date of this Notice, Betteroads has not removed the Plant. The component parts of the Plant are specifically set forth on Exhibit 1 hereto. EFTA00803380