Case No. 02-B02474, Jointly Administered.United States Bankruptcy Court, N.D. Illinois, Eastern Division.
July 29, 2004
AGREED ORDER RESOLVING CURE CLAIM FOR KMART STORE NO. 3708
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the cure claim (“Cure Claim”) filed by CABRILLO PARK II, LLC as landlord (the “Landlord”) under the lease (the “Lease”) of the property described as Store No. 3708, Banning, California, and Kmart Corporation (“Kmart”) having filed an objection to such Cure Claim; and the Court being advised that the 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. 3708 in the agreed amount of $9,221.28 which shall be paid by Kmart within twenty (20) days of the date of entry of this Order. Payment shall be sent to Landlord c/o Richard H. Golubow, Esq., Winthrop Couchot Professional Corporation, 660 Newport Center Drive, Fourth Floor, Newport Beach, California 92660 by overnight or second business day mail delivery; and it is further
ORDERED that Kmart shall continue to be responsible for the satisfaction and release of the mechanics’ liens described in the Cure Claim to the extent that such liens have not yet been satisfied or released; and it is further
ORDERED that Landlord (including any assignees, designees or successors in interest) is forever barred from asserting, collecting, or seeking to collect (a) any additional amounts which
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were due and payable by Kmart under the terms of the Lease on or before May 6, 2003, and (b) any additional attorneys’ fees and costs relating to the Cure Claim.
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