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

Case No. 02-B02474 Jointly AdministeredUnited States Bankruptcy Court, N.D. Illinois.
January 15, 2004

AGREED ORDER RESOLVING CURE CLAIM FOR KMART STORE NO. 7669
SUSAN SONDERBY, Chief Judge, Bankruptcy

Upon consideration of the cure claim (the “Cure Claim”) filed by New Plan Excel Realty Trust, Inc., landlord under the lease (the “Lease”) of the property described as Store No, 7669, Naples, Florida (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 in the agreed amount of $410,297.41 of which landlord and Kmart agree that Kmart has already paid $256,193.27. Kmart shall pay the remaining balance of $154,104.14 to Landlord c/o Michael E. Brown, Esq., Ballard Spahr Andrews Ingersoll, LLP, Plaza 1000, Suite 500, Main Street, Voorhees, New Jersey 08043, within 10 days after the date of entry of this Order; and it is further

ORDERED that New Plan Excel Realty Trust, Inc. (including its assignees, designees or successors in interest, if any) is forever barred from asserting collecting, or seeking to collect any cure amounts which were due and owing as of May 6, 2003 in addition to the Cure Claim with respect to the Lease relating to Kmart Store No, 7669.

ORDERED that Kmart (including its assignees, designees or successors in interest, if any) is forever barred from contesting, objecting to, or seeking any refund or credit for

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amounts due and owing as of May 6, 2003 or approved herein as Allowed Cure Claims with respect to the above Lease and Kmart Store.