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. 7475
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the cure claim (the “Cure Claim”) filed by Price Property Investment Company, LLC, landlord under the lease (the “Lease”) of the property described as Store No. 7475, Wausau, WI (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. 7475 in the agreed amount of $90,552.41 of which Landlord and Kmart agree that Kmart has already paid $41,625.01. Kmart shall pay the remaining unpaid balance of $48,927.40 within ten (10) days of the date of entry of this Order. Payment shall be by check and sent to c/o Stephen D. McGiffert, Payne Jones, Chartered, Overland Park, KS 66210 by overnight or second business day mail delivery;
IT IS FURTHER ORDERED that all persons are forever barred from asserting collecting, or seeking to collect any cure amount in addition to the Cure Claim with respect to the Lease relating to Kmart Store No. 7475.
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