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

Case No. 02-B02474 Jointly Administered.United States Bankruptcy Court, N.D. Illinois, Eastern Division.
March 10, 2005

AGREED ORDER RESOLVING LEASE REJECTION CLAIM FOR KMART STORE NO. 3465
SUSAN SONDERBY, Chief Judge, Bankruptcy

Upon consideration of the lease rejection claim (the “Lease Rejection Claim”) filed by Forest Village Park, c/o Simon Property Group, landlord under the Lease of the properties described as Store No. 3465 located in Forestville, MD and Kmart Corporation (“Kmart”) having filed an objection to the Lease Rejection Claim; and the Court being advised that landlord and Kmart have resolved the Lease Rejection Claim; and after due deliberation and sufficient cause appearing therefore, it is hereby

ORDERED that Forest Village Park, c/o Simon Property Group shall have an Allowed Class 5 Lease Rejection Claim in the agreed amount of $43,403.85 which shall be satisfied in accordance with the terms of Kmart’s confirmed plan of reorganization; and it is further

ORDERED that the first distribution to be made on account of the Allowed Class 5 Rejection Claim shall be made at the next Distribution Date pursuant to the terms of Kmart’s plan of reorganization to:

a. Forestville Associates

b. Tax ID: 35-1914368

c. Attn: Ronald M. Tucker, Esq.

c. c/o Simon Property Group, L.P.

d. 115 W. Washington Street

e. Indianapolis, IN 46204

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; and it is further

ORDERED that upon receipt of the payment described in this Order, Proofs of Claims filed by or on behalf of Forest Village Park, c/o Simon Property Group shall be satisfied in full; and it is further

ORDERED that Forest Village Park, c/o Simon Property Group and its successors, assigns or designees, are forever barred from asserting collecting, or seeking to collect any lease rejection or administrative expense amount in addition to the amounts set forth herein with respect to the Lease relating to Kmart Store No. 3465.