Case No, 02-B02474, Jointly AdministeredUnited States Bankruptcy Court, N.D. Illinois.
March 31, 2004
AGREED ORDER RESOLVING CURE CLAIMS FOR KMART STORE NO. 4331
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the cure claims (“Cure Claims”) filed by INLAND I DELAWARE BUSINESS TRUST (“Inland”) and MANUFACTURERS AND TRADERS TRUST COMPANY (“Manufacturers”) relating to the lease (the “Lease”) of the property described as Store No. 4331, Waterford, Ml, and Kmart Corporation (“Kmart”) having filed an objection to such Cure Claims; and the Court being advised that Inland, Manufacturers and Kmart have resolved the Cure Claims; and after due deliberation and sufficient cause appearing therefore; it is hereby
ORDERED that Inland shall have an allowed cure claim for Store No. 4331 in the agreed amount of $21,217.21, of which Landlord and Kmart agree that Kmart has already paid $2,810,12. Kmart shall pay the remaining unpaid balance of $18,407.09, which shall be paid by Kmart within ten (10) days of the date of entry of this Order. Payment shall be sent to Inland c/o The Inland Real Estate Group, Inc., 2901 Butterfield Road, Oak Brook, Illinois 60523, attention: Shannon Quitno, by overnight or second business day mail delivery; and it is further
ORDERED that the cure claim filed by Manufacturers for Store No. 4331 is withdrawn with prejudice; and it is further
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ORDERED that Inland and Manufacturers (including any assignees, designees or successors in interest) are forever barred from asserting, collecting, or seeking to collect any amounts which were due and payable by Kmart under the terms of the Lease on or before May 6, 2003.