In re: KMART CORPORATION, et al., Chapter 11, Debtors.

Case No. 02-B02474, Jointly AdministeredUnited States Bankruptcy Court, N.D. Illinois.
September 24, 2003

AGREED ORDER RESOLVING CURE CLAIMS ASSERTED BY H.J. HEYMAN SONS Store 4496
SUSAN SONDERBY, Chief Judge, Bankruptcy

Upon consideration of the expedited cure claim (the “Cure Claim”) filed by H.J. Heyman Sons (“Landlord”); and Kmart Corporation (“KMart”) having paid the Cure Claim in part and having otherwise filed an objection to such Cure Claim; the Court being advised that the Landlord and Kmart have resolved all issues concerning the remaining balance of the Cure Claim and KMart’s objections thereto; and after due deliberation and sufficient cause appearing therefore, it is hereby

ORDERED that the unpaid balance of the Landlord’s Cure Claim is $15,329.52, which amount shall be paid by Kmart within 10 days of the date of entry of this Order; and it is further

ORDERED that, except as provided herein, all persons are forever barred from asserting collecting, or seeking to collect any cure amounts with respect to the Lease relating to Kmart Store No, 4496.