IN RE KMART CORPORATION (Bankr.N.D.Ill. 2004)

Case No. 02-02474 (Jointly Administered).United States Bankruptcy Court, N.D. Illinois, Eastern Division.
December 27, 2004

AGREED ORDER RESOLVING CURE CLAIM FOR KMART STORE NO. 3759
SUSAN SONDERBY, Chief Judge, Bankruptcy

Upon consideration of the cure claim running through May 6, 2003 (the “Cure Claim”) filed by Bradley Operating Limited Partnership, landlord (the “Landlord”) under the lease of the property described as Store No. 3759, Baldwin, Missouri (the “Lease”); and Kmart Corporation and its affiliates (“Kmart”) having filed an objection to the 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 the Cure Claim shall be allowed in the agreed amount of $107.94; and it is further

ORDERED that since the Cure Claim appears to have been paid in December 2003 said $107.94 payment is authorized retroactively; and it is further

ORDERED that except as indicated herein all persons are forever barred from asserting, collecting, or seeking to collect any claim actually known to Landlord, arising prior to January 22, 2002, which should have been included in the Cure Claim with respect to the Lease relating to Kmart Store No. 3759; and it is further

ORDERED that, unless expressly addressed hereinabove, this Order shall have no effect on any accruals, under the Lease, which as of January 22, 2002, were not due and

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payable, including, but not limited to obligations related to real estate taxes. Such obligations shall be promptly remitted by Kmart to Landlord if already due or when they become due.