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

AGREED ORDER RESOLVING CURE CLAIM FOR KMART STORE NO. 3866

SUSAN SONDERBY, Chief Judge, Bankruptcy

Upon consideration of the cure claim (the "Cure Claim") filed by Monticello Washington Associates Limited Partnership, landlord under the lease (the "Lease") of the property described as Store No. 3866, Monticello, Minnesota (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 $9,945,97 which shall be paid by Kmart within 10 days of the date of entry of this Order to Michael E. Katch, Attorney at Law, 1600 Broadway Suite 2350, Denver, Colorado 80202; and it is further

ORDERED that all persons are forever barred from asserting collecting, or seeking to collect any cure amount in addition to the Cure Claim with respect to the Lease relating to Kmart Store No. 3866.

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IN RE KMART CORPORATION
(Nov 2, 2003)