Case No. 02-B02474 Jointly Administered.United States Bankruptcy Court, N.D. Illinois, Eastern Division.
April 19, 2004
AGREED ORDER RESOLVING CURE CLAIM FOR KMART STORE NO. 3919
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the cure claim (the “Cure Claim”) filed by W.B. Leverton Associates-Eastwood, L.P., landlord under the lease (the “Lease”) of the property described as Store No. 3919, El Paso, TX (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 for Store No. 3919 in the agreed amount of $181,875.61, of which Landlord and Kmart agree that Kmart has already paid $131,875.61. Kmart shall pay the remaining unpaid balance of $50,000.00 within ten (15) days of the date of entry of this Order. Payment shall made payable to W.B. Leverton
Associates-Eastwood, L.P. by check and sent care of H. Christopher Mott, Krafsur Gordon Mott P.C., 4695 N. Mesa, El Paso, TX 79912 by overnight or second business day mail delivery;
IT IS FURTHER ORDERED that W.B. Leverton
Associates-Eastwood, L.P, its successors and/or assigns are forever barred from asserting collecting, or seeking to collect
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any amounts which were due and payable by Kmart under the terms of the Lease on or before May 6, 2003, other than as set forth herein.
IT IS FURTHER ORDERED that this Order shall not be construed as barring or waiving Landlord’s right to property taxes or percentage rent accruing during the calendar year 2003 that were not payable prior to May 6, 2003.
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