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200006385
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Last modified
10/13/2011 6:16:47 PM
Creation date
10/20/2005 9:08:23 PM
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DEEDS
Inst Number
200006385
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200006385 <br />ORDERED that the sale shall be free and clear of all liens, claims, encumbrances, and <br />interests, with the proceeds of sale to attach to same in the same order of priority as existed before <br />such sale; and it is further <br />ORDERED that the Trustee be, and hereby is, authorized to sell to Waste Connections, Inc. <br />the Grand Island, Nebraska Property (as defined in the Motion) and to undertake the duties and <br />obligations set forth in the Contract (as defined in the Motion) upon the terms and conditions set forth <br />therein; provided, however, that such terms are consistent with the terms of this Order; and it is <br />further <br />ORDERED that the Trustee be, and hereby is, authorized and empowered to take such steps <br />and perform such acts as may be necessary to implement and effectuate the terms of this Order; and <br />it is further <br />ORDERED that the payment of brokers' commissions and all costs of closing and sale, as <br />set forth in the Contract, shall be deducted from the Purchase Price (as defined in the Motion); and <br />it is further <br />ORDERED that the net proceeds of sale, after customary closing costs and net of brokers' <br />commissions allowed by the Court, less the sum of $2,550.00 to be paid to the Trustee with respect <br />to work performed by the Trustee's counsel and accountants for all services and out -of- pocket <br />expenses relating to the sale, and less the further sum of $14,550.00 representing the amount of the <br />Trustee's 3% statutory commission as may be allowed pursuant to §326 ofthe Bankruptcy Code (but <br />without prejudice to FINOVA's right to assert that such payment is not required to the Trustee for <br />such services as a result of the terms of the FINOVA- Trustee settlement agreement), shall be paid <br />to FINOVA at the closing. The Trustee or the title company closing the transaction shall deliver a <br />copy of the closing statement to FINOVA upon closing. The Trustee and his professionals are <br />
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