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. 3773
SUSAN SONDERBY, Chief Judge, Bankruptcy

Upon consideration of the cure claim (the “Cure Claim”) filed by New Plan Excel Realty Trust, Inc. (“New Plan”), landlord under the lease (the “Lease”) of the property described as Store No. 3773, Greenville Commons, located in Greenville, TN (the “Landlord”); 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 in the agreed amount of $123,076.36 of which New Plan and Kmart agree that Kmart has already paid $69,391.43, Kmart shall pay the remaining unpaid balance of $53,684.93 to New Plan within 10 days after entry of this Order; and it is further

ORDERED that New Plan (including Us assignees, designees or successors in interest, if any) is forever barred from asserting collecting, or seeking to collect any cure amounts which were due and owing as of May 6, 2003; provided however that New Plan and Kmart shall reconcile amounts due and owing for Common Area Maintenance for the period from August 1, 2002 through July 31, 2003; and it is further

ORDERED that, except as otherwise provided herein, Kmart (including its assignees, designees or successors in interest, if any) is forever barred from contesting, objecting

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to, or seeking any refund or credit for amounts due and owing as of May 6, 2003 or approved herein as Allowed Cure Claims with respect to the above Lease and Kmart Store.

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