FERROVIAS Guatemala [illegible] Guatemala City, September 16
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FERROVIAS Guatemala [illegible] Guatemala City, September 16, two thousand eight Engineer Elder Martínez Administrator FERROCARRILES DE GUATEMALA (FEGUA) Local Dear Engineer: With cordial greetings, I respond to your official letter No. 107-2008 dated July 3 of this year. We are somewhat surprised by your letter, in which you indicate concern about the increase in complaints related to the plundering of the railroad track and encroachment on railroad property. This is because the Government of Guatemala resolved to declare lesivo, on August 25, 2006, the Railroad Equipment Onerous Usufruct entered into by Compañía Desarrolladora Ferroviaria, Sociedad Anónima and your client. This declaration was an illegal action constituting indirect expropriation by the Government of Guatemala, which made it impossible for my client to continue regularly operating transport on the railroad right-of- way, which has caused the constant encroachments of the railroad property and theft of the railroad track. The foregoing notwithstanding, I repeat that it is FEGUA that promised to promote and carry out the respective evictions on all the railroad property that is being trespassed on, well as to maintain my client in the peaceful enjoyment of the usufruct property which, since the declaration of lesividad, it has not done—rather quite the opposite. With nothing more to add, sincerely, [signature] Jorge Senn General Manager [stamp:] FERROCARRILES DE GUATEMALA RECEIVED September 18, 2008 INTAKE Signature: [initials] Time: A company affiliated with
