Case No. 02-B02474 Jointly Administered.United States Bankruptcy Court, N.D. Illinois, Eastern Division.
August 5, 2004
AGREED ORDER RESOLVING CURE CLAIM FOR KMART STORE NO. 4131
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the cure claim (“Cure Claim”) filed byBD II LTD. as Landlord (“Landlord”) under the lease (the “Lease”) of the property described as Store No. 4131, Englewood, Colorado, and Kmart Corporation (“Kmart”) having filed an objection to such Cure Claim; and the Court being advised that Landlord and Kmart have resolved the Cure Claim; and after due deliberation and sufficient cause appearing therefore; it is hereby
ORDERED that Landlord shall have an allowed Cure Claim for Store No. 4131 in the agreed amount of $243,431.09, of which Landlord and Kmart agree that Kmart has already paid $26,637.66. Kmart shall pay the remaining unpaid balance within twenty (20) days of the date of entry of this Order. Payment shall be made by a check or checks totaling $71,589.51 for pre-petition amounts and the remainder by check or checks for post-petition amounts totaling $145,203.92, all of which shall be made payable to BD II, Ltd. and sent to BD II, Ltd. c/o LGC Management, Inc., 10301 East Arapahoe Road, Centennial, CO 80112, Attention: Robin J. Helms, by overnight or second business day mail delivery; and it is further
ORDERED that Landlord (including any assignees, designees or successors in interest) is forever barred from asserting, collecting, or seeking to collect any additional amounts which were due and payable by Kmart under the terms of the Lease on or before May 6, 2003.
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