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1 .. Respondent is greater than the actual amount of the Acquisition Damages). The final payment of the Acquisition Damages to Stipulating Respondent and the Mortgage Payoff • Amount to the Bank shall constitute full and final payment of all compensation due to Stipulating Respondent. Any such payments shall be made in accordance with payment instructions to be provided by Stipulating Respondent. In the event no such'instructions have been provided to Petitioner as of the Transfer Date, Petitioner shall pay the Acquisition Damages described above by cashier's check payable to Stipulating Respondent and delivered to Allen Barnazd, counsel for Stipulating Respondent, at the offices of Best & Flanagan, Minneapolis, Minnesota, and Petitioner shall pay the Mortgage Payoff Amount as provided in the Mortgage. 6. For purposes ofthis-Stipulation in Settlement, Acquisition Damages shall be computed as follows: It Shall Be Two Million Five Hundred Sixty-Five Thousand and no/100 ($2,565;000.00) Dollazs less the following: (1) the Mortgage Payoff Amount; and (2) • any unpaid portion of Stipulating Respondent's obligation to pay real estate taxes and installments of special assessments due and payable in 2003 and allocable to the period from January 1; 2003 to the Transfer Date, as provided in paragraph 15 hereof. To the extent such accounts are used to reduce the Mortgage Payoff Amount, Acquisition Damages shall be increased by any escrow or reserve accounts including, but not limited to tax escrow, insurance escrow or any replacement reserve or tenant improvement reserve, which accounts were held by the Bank under the Mortgage. Stipulating Respondent represents that pursuant to the terms of the Mortgage and the promissory note secured thereby, the Bank has been informed of this action and the proposed settlement of this action by Stipulating Respondent. •i r~ ' j