SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the cure claim ("Cure Claim") filed by F V LIMITED PARTNERSHIP as the successor in interest to Charles S. Faller and Robert D. Vine d/b/a F V Joint Venture, as landlord (the "Landlord") under the lease (the "Lease") of the property described as Store No. 4399 (Silver Springs, Maryland) 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. 4399 in the agreed amount of $93,668.43, of which Landlord and Kmart agree that Kmart has already paid $66,668.43. Kmart shall pay the remaining unpaid balance of $27,000.00 within twenty (20) days of the date of entry of this Order. Payment shall be sent to Landlord c/o Magdeline Coleman, Buchanan Ingersoll PC, 11 Penn Center, 14th Floor, 1835 Market Street, Philadelphia, Pennsylvania 19103 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.