IN RE KMART CORPORATION (Bankr.N.D.Ill. 2004)

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

Case No. 02-B02474 Jointly Administered.United States Bankruptcy Court, N.D. Illinois, Eastern Division.
December 6, 2004

AGREED ORDER RESOLVING LEASE REJECTION CLAIM AND ADMINISTRATIVE CLAIM FOR KMART STORE NUMBER 3548
SUSAN SONDERBY, Chief Judge, Bankruptcy

Upon consideration of the lease rejection claim (the “Lease Rejection Claim”) and the administrative claim (the “Administrative Claim”) filed by Selma Miller c/o S.S.M. Realty Management, Inc. (the “Claimant”); under the Leases of the property described as Kmart Store Number 3548, Brigham City, UT; and Kmart Corporation (“Kmart”) having filed objections to the Lease Rejection Claim and the Administrative Claim; and the Court being advised that Claimant and Kmart have resolved the Lease Rejection Claim and Administrative Claim; and after due deliberation and sufficient cause appearing therefore, it is hereby

ORDERED that Selma Miller c/o S.S.M. Realty Management, Inc. shall have an Allowed Class 5 Lease Rejection Claim in the agreed amount of $855,170.00, which shall be satisfied in accordance with the terms of Kmart’s confirmed plan of reorganization; and it is further

ORDERED that the distributions to be made on account of the Allowed Class 5 Rejection Claim pursuant to the terms of Kmart’s plan of reorganization shall be made to:

a.) Claimant name: Selma Miller

b.) Contact person: Selma Miller

c.) Company address: c/o S.S.M. Realty Management, Inc., 6 Wenwood Drive; Brookville, New York 11545

Page 2

and it is further

ORDERED that Selma Miller c/o S.S.M. Realty Management, Inc. shall have an allowed Administrative Claim in the sum of $0.00; and it is further

ORDERED that upon entry of this Order and receipt by Claimant of the distribution on the Allowed Lease Rejection Claim in the amount of $855,170.00 in accordance with the terms of Kmart’s confirmed plan of reorganization, the Lease Rejection Claim and Administrative Claim of Selma Miller c/o S.S.M. Realty Management, Inc. arising out of the lease of Store 3548, Brigham City, UT shall be deemed satisfied in their entirety; and it is further

ORDERED that except with respect to the agreed amount described in this Order, Selma Miller c/o S.S.M. Realty Management, Inc., and its successors, assigns or designees and all other persons are forever barred from asserting, collecting, or seeking to collect any amounts with respect to Kmart Store Number 3548.

Page 1