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

Case No. 02-B02474 Jointly Administered.United States Bankruptcy Court, N.D. Illinois, Eastern Division.
November 5, 2004

AGREED ORDER RESOLVING ADMINISTRATIVE CLAIM FOR KMART STORE NUMBER 6177
SUSAN SONDERBY, Chief Judge, Bankruptcy

Upon consideration of the administrative claim (the “Administrative Claim”) filed by OLP Chattanooga, Inc. (the “Claimant”); under the Leases of the property described as Kmart Store Number 6177, Chattanooga, TN; and Kmart Corporation (“Kmart”) having filed objections to the Administrative Claim; and the Court being advised that Claimant and Kmart have resolved the Administrative Claim; and after due deliberation and sufficient cause appearing therefore, it is hereby

ORDERED that OLP Chattanooga, Inc. shall have an allowed Administrative Claim in the sum of $49,048.25, which shall be paid by Kmart within 10 days of the date of entry of this Order. Such payment shall be by check payable to OLP Chattanooga, Inc., and mailed to Mark Lundy, OLP Chattanooga, Inc.; 60 Cutter Mill Road, Suite 303; Great Neck, New York 11021; and it is further

ORDERED that upon entry of this Order, the Administrative Claim of OLP Chattanooga, Inc. arising out of the lease of Store 6177, Chattanooga, TN; shall be deemed satisfied in its entirety; and it is further

Page 2

ORDERED that OLP Chattanooga, 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 6177.

Page 1