IN RE CLARK RETAIL ENTERPRISES, INC. (Bankr.N.D.Ill. 2003)

JOHN SQUIRES, Bankruptcy Judge

This cause coming before the Court on the Motion of the Illinois Department of Transportation (The "Department") to Modify the Automatic Stay (the "Motion"), due notice having been given, the Court having jurisdiction over this matter and being fully advised in the premises, and the Department and Debtors being in agreement,

IT IS HEREBY ORDERED ADJUDGED AND DECREED as follows:

1. The Motion is granted;

2. The Department is granted relief from the automatic stay and is authorized to enforce its rights according to the law of the State of Illinois with respect to the real property identified as Parcel 7103111 PE (legally described in Exhibit A) and Parcel 7103111 TE (legally described in Exhibit B) in Case No. 03 ED 1 in the Circuit Court for the Fourth Judicial Circuit, Fayette County, Illinois;

3. The relief from the automatic stay is effective as of August 28, 2003; and

4. The provisions of Bankruptcy Rule 4001 (a)(3) be waived as not applicable.

Prepared by: Richard A, Redmond Steffanie N. Garrett Special Assistant Attorneys Holland Knight LLC 131 South Dearborn Street, 30th Floor Chicago, Illinois G0603 (312) 263-3600 CH01 #1297741 v1

PREPARED BY ILLINOIS FAP Route 322 (U.S. Route 51) DEPARTMENT OF TRANSPORTATION Section 22-22(1) EFFINGHAM, ILLINOIS Fayette County Job No, R-97-003-01 Sta. 99+79.78 to Sta. 101+39, 36 Parcel No. 7103111PE OTG 4. LL.C., A Delaware L.L Company

A part of Lots in Block 13 In the City of Vandalla, Fayette County, Illinois, more particularly described as follows:

Commencing at an iron pipe at the northwest corner of Lot 10 of North Square, as recorded in 8ook 4 of Surveys, Page 516, in the City of Vandalia, Illinois; thence South 88 degrees 48 minutes 15 seconds East, (all bearings are referenced to the Illinois State PIane Coordinate System East Zone Datum of 1983), along the north line of said block a distance of 359.69 feet to the centerline of Federal Aid Primary Route 322 (U.S. Route 51); thence North 00 degrees 51 minutes 13 seconds East along the said centerline, a distance of 480.82 feet; thence North 88 degrees 42 minutes 45 seconds West, a distance of 40.00 feet, to the intersection of west right-of-way line of Federal Aid Primary Route 322 (U.S. Route 51) and the north right-of-way line of Randolph Street, being the Point of Beginning; thence North 68 degrees 42 minutes 45 seconds West, along the north right-of-way line of said Randolph Street, a distance of 25.00 feet; thence North 46 degrees 04 minutes 14 seconds East a distance of 35.22 feet to the west right-of-way line of Federal Aid Primary Route 322 (U.S. Route 51); thence South 00 degrees 51 minutes 13 seconds West, along the said right-of-way line, a distance of 25.00 feet, to the Point of Beginning; all in accordance with the attached plat, containing 315 square feet, more or less.

PREPARED BY ILLINOIS FAP Route 322 (U.S. Route 51) DEPARTMENT OF TRANSPORTATION Section 22-22(1) EFFINGHAM, ILLINOIS Fayette County Job No. R-97-003-01 Sta. 99+79:78 to Sta. 101+39.36 Parcel No. 7103111TE OTG 4.L.L.C., A Delaware L.L, Company

A part of Lot 8 in Block 13 in the City of Vandalia, Fayette County, Illinois, more particularly described as follows:

Beginning at a point on the north right-of-way line of Randolph Street, said point being 65.00 feel perpendicular distance West of the centerline of Federal Aid Primary Route 322 (U.S. Route 51) at Station 101+38.87; thence West along said north right-of-way fine, to a point being 110.00 feet perpendicular distance West of said centerline at Station 101+38.53; thence Northeast to a point on a line, being 45.00 feet perpendicular distance West of and parallel with said centerline, said point being 45.00 feet perpendicular distance West of said centerline at Station 101+15.00; thence North along said line to a point 45.00 feet perpendicular distance West of said centerline at Station 100+59.32; thence East to a point on a line, being 40.00 feet perpendicular distance West and parallel with said centerline, said point being 40.00 feet perpendicular distance West of said centerline at Station 100+59.35; thence South along said line to a point 40.00 feet perpendicular distance West of said centerline at Station 101+14.06; thence Southwest to the Point of Beginning, all in accordance with the attached plat, containing 870 square feet, more or less.