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• 2. The condemnation as set forth in the Petition herein is necessary and serves a proper public purpose; 3. The Petition and all relief sought by the Petitioner therein and Petitioner's motion for "quick-take" against Stipulating Respondent may be granted by the Court without further notice to JemJahs; 4. The Court shall enter an order transferring. all of the Stipulating Respondent's right, title and interest in the subject property to Petitioner on a date to be chosen by Petitioner (the "Transfer Date"). In no event shall the Transfer Date be later than October 31, 2003. In order to accomplish this transfer by October, 2003, or such eazlier date as may be chosen by Petitioner,. Stipulating Respondent hereby waives the notice provisions contained in Minn. Stat. § 117.042; • 5. On the Transfer Date of the Subject Property and contemporaneous with the transfer of the Subject Property, Petitioner shall pay to Stipulating Respondent an amount equal to Petitioner's reasonable estimate of the Acquisition Damages computed according to pazagraph 6 below less $15,000.00, and Petitioner shall pay to Nations Bank N.A., a wholly owned subsidiary of BankAmerica Corporation ("Bank"), on behalf of JemJahs as .. ~ debtor, all or substantially all of the unpaid principal balance plus accrued interest and other amounts demanded by the Bank (collectively, the "Mortgage Payoff Amount") on a certain promissory note and mortgage ("Mortgage"), dated in or about January, 1999, in the principal amount of $1,540,000 originally held by the Bank. Stipulating Respondent and Petitioner agree that the Mortgage Payoff Amount may be paid to the Bank in one or more installments. Upon the final payment by Petitioner to the Bank of the Mortgage ... . Payoff Amount, the balance of the Acquisition Damages shall be paid to Stipulating • Respondent (or refunded to Petitioner, if the amount previously paid to Stipulating ,~ ,'' 4 2 I~'