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

Case No. 02-B02474 Jointly Administered.United States Bankruptcy Court, N.D. Illinois, Eastern Division.
September 27, 2004

AGREED ORDER RESOLVING CURE CLAIM FOR KMART STORE NO. 7250
SUSAN SONDERBY, Chief Judge, Bankruptcy

Upon consideration of the cure claim (“Cure Claim”) filed by DANIEL G. KAMIN as landlord (the “Landlord”) under the lease (the “Lease”) of the property described as Store No. 7250 (Broken Arrow, Oklahoma) and Kmart Corporation (“Kmart”) having filed an objection to such Cure Claim; and the Court being advised that the 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. 7250 in the agreed amount of $49,514.71, of which Landlord and Kmart agree that Kmart has already paid $47,898.88. Kmart shall pay the remaining unpaid balance of $1,615.83 within ten (10) days of the date of entry of this Order. Payment shall be sent to Landlord c/o Sara Lorber, Seyfarth Shaw LLP, 55 E. Monroe Street, Suite 4200, Chicago, Illinois 60603-5803 by overnight or second business day mail delivery; and it is further

ORDERED that Landlord (including any assignees, designees or successors in interest) is forever barred from asserting, collecting, or seeking to collect any additional amounts which were due and payable by Kmart under the terms of the Lease on or before May 6, 2003.

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