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

Case No. 02-B02474, Jointly AdministeredUnited States Bankruptcy Court, N.D. Illinois
November 18, 2003

AGREED ORDER RESOLVING CURE CLAIM FOR KMART STORE NO 3410
SUSAN SONDERBY, Chief Judge, Bankruptcy

Upon consideration of the cure claim (the “Cure Claim”) filed by the landlord, Janet Bentzen, (the “Landlord”) under the lease (the “Lease”) for the property described as Kmart Store No. 3410, and Kmart Corporation (“Kmart”) having filed an objection to such Cure Claim; and the Court being advised that the Landlord and Kmart have resolved the Cure Claim; and after due deliberation and sufficient cause appearing therefore, it is hereby

ORDERED that the Landlord shall have an allowed Cure Claim for Store No, 3410 in the agreed amount of $54,979.83, all of which has been paid. Kmart shall pay no additional dollars to Landlord; and it is further

ORDERED that the Landlord, its successors and assigns, are forever barred from asserting collecting, or seeking to collect any cure amounts which were due and owing as of May 6, 2003 in addition to the Cure Claims with respect to the Lease relating to Kmart Store No. 3410.