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

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

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

AGREED ORDER RESOLVING CURE CLAIM FOR KMART STORE NO. 3875
SUSAN SONDERBY, Chief Judge, Bankruptcy

Upon consideration of the cure claim (the “Cure Claim”) filed by DDR Downreit, LLC, landlord under the lease (the “Lease”) of the property described as Store No. 3875, Simpsonville, SC (the “Landlord”); and Kmart Corporation (“Kmart”) having filed an objection to such care 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ORDERED that Landlord’s Claim is hereby withdrawn; and it is further

ORDERED that DDR Downreit, LLC, its successors and/or assigns is 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. 3875.

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