Case No. 02-B02474, Jointly Administered.United States Bankruptcy Court, N.D. Illinois, Eastern Division.
June 30, 2005
AGREED ORDER RESOLVING CURE CLAIM FOR KMART STORE NO. 7431
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the cure claim (“Cure Claim”) filed by OTR as landlord (the “Landlord”) under the lease (the “Lease”) of the property described as Store No. 7431 (Indianapolis, Indiana), 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. 7431 in the agreed amount of $88,715.43. The parties believe that such real estate taxes currently have been paid in full, however, Kmart shall, and hereby does indemnify OTR and hold OTR harmless for all costs, fees and assessments related to or arising from any real estate taxes that were due and payable as a result of by Kmart’s obligations under the terms of the Lease.
ORDERED that, other than as set forth above, Landlord (including any assignees, designees or successors in interest) is forever barred from asserting, collecting, or seeking to collect any amounts which were due and payable by Kmart under the terms of the Lease.
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