Case No. 02-B02474 Jointly Administered.United States Bankruptcy Court, N.D. Illinois, Eastern Division.
April 28, 2004
AGREED ORDER RESOLVING CURE CLAIM FOR KMART STORE NO. 3517
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the cure claim (the “Cure Claim”) filed by Kimco Realty, as assignee of Fullerton Plaza, LLC, landlord under the lease (the “Lease”) of the property described as Store No. 3517, Baltimore, MD (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 the landlord shall have an allowed Cure Claim for Store No. 3517 in the agreed amount of $8,432.07, of which Landlord and Kmart agree that Kmart has already paid $8,432.07 and no additional amounts are owed by Kmart; and
IT IS FURTHER ORDERED that Landlord, its successors and/or assigns 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. 3517.
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