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

Case No. 02-B02474, Jointly AdministeredUnited States Bankruptcy Court, N.D. Illinois.
March 31, 2004

ORDER RESOLVING CURE CLAIM FOR KMART STORE NO. 9220
SUSAN SONDERBY, Chief Judge, Bankruptcy

Upon consideration of the cure claim (the “Cure Claim”) filed by Heritage Investment Properties, LC, landlord under the lease (the “Lease”) of the property described as Store No. 9220, Algona, Iowa (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 $48,644.87 of which landlord and Kmart agree that Kmart has already paid $48,644.87; and it is further

ORDERED that Heritage Investment Properties, LC (including its assignees, designees or successors in interest, if any) is forever barred from asserting collecting, or seeking to collect any cure amounts with respect to the Lease relating to Kmart Store No. 9220, other than as set forth herein.