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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------x In re LEHR CONSTRUCTION CORP., Debtor.

-------------------------------------------------------------x ORDER PURSUANT TO 11 U.S.C. 362(d) MODIFYING THE AUTOMATIC STAY IMPOSED BY 11 U.S.C. 362(a) Upon the motion dated March 9, 2011 (the Motion) of movants Jerome Russo and Deborah Russo (the Movants) for an order pursuant to 362(d) of title 11 of the United States Code (the Bankruptcy Code) vacating the automatic stay imposed in the above-captioned case by section 362(a) of the Bankruptcy Code to allow Movants to prosecute their claims against the Debtor in the action Russo v. Norsel Realties, Index No. 150143/2010, pending before the Supreme Court of the State of New York, New York County (the Lawsuit) to the extent the Debtor is covered under any commercial liability insurance policy covering such claims; and upon the Declaration of Robert K. Erlanger in Support of Motion dated March 9, 2011; and it appearing that due and proper notice of the Motion having been made on all necessary parties; and any opposition to the Motion having been resolved; and upon all of the proceedings had before this Court; and after due deliberation and sufficient cause appearing; IT IS HEREBY ORDERED that the motion is granted as provided herein; and it is further ORDERED that the automatic stay imposed in this case by section 362(a) of the Bankruptcy Code is vacated under section 362(d) of the Bankruptcy Code to allow Movants to prosecute their claims against the Debtor in the Lawsuit pursuant to the terms of this Order; and Chapter 11 Case No. 11-10723-shl

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it is further ORDERED that, without affecting any of the Debtors asserted defenses or counterclaims in the Lawsuit, including, without limitation, that neither the Debtor, its estate, its former or current employees, agents or officers, or any of its products have any liability on account of the allegations set forth therein, Plaintiff may proceed with the Lawsuit against the Debtor and recover against the Debtor only to the extent of available insurance coverage under Green Floorings applicable insurance policies, including any excess coverage, plus the available insurance coverage under the Debtors General Liability Policy No. VTC2JCO8025B89ATIL09 (effective 8/4/2009 8/4/2010) issued by Travelers Insurance Company; and it is further ORDERED that the Movants and the Debtor shall waive and release any other claim they have or may have as against the other with respect to any sums allegedly owed, or subject to any right of setoff, arising as a result of the Lawsuit; and it is further ORDERED that in no event shall the Debtor nor its estate be obligated to pay any deductible amount, whether as an administrative, prepetition unsecured claim, or otherwise, in this chapter 11 case; and it is further ORDERED that this Order shall be binding on the Movants, their successors and assigns, the Debtor, all creditors of the Debtor, the statutory committee of unsecured creditors, all other parties in interest and upon any trustee appointed in this or any converted case. In the event that the Debtors chapter 11 case is converted to a case under chapter 7 and a trustee is appointed, this Order shall remain in full force and effect; and it is further

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ORDERED that this Court shall retain jurisdiction to settle any disputes concerning this Order and to interpret and enforce the provisions of this Order. Dated: April 8, 2011 /s/ Sean H. Lane HONORABLE SEAN H. LANE UNITED STATES BANKRUPTCY JUDGE

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