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200808234 SECTION 5.09. Application of Proceeds. Unless otherwise prescribed by applicable Nebraska law, i.e., Nebraska Revised Statute 76-1011, the proceeds of any sale of any of the Mortgaged Property made pursuant to this Article V shall be applied as follows: (a) First, to the payment of all costs and expenses incident to the enforcement of this Deed of Trust paid or incurred by Trustee, Beneficiary or the agent for enforcement, protection or collection, including, without limitation, reasonable costs, attorneys' fees, stenographers' fees, costs of advertising, costs of documentary evidence of title (including title search and insurance), all other related charges and costs, and a reasonable compensation to the agents, attorneys and in-house counsel of Trustee, Beneficiary and of agent; (b) Second, to the payment or prepayment of the Obligations, in such order as Beneficiary shall elect; and (c) Third, the remainder, if any, shall be paid to Trustor or such other person or persons as may be entitled thereto by law; provided, however, if applicable law requires such proceeds to be paid or applied in a manner other than as set forth above in this Section 5.09, then such proceeds shall be paid or applied in accordance with such applicable law. ARTICLE VI GENERAL SECTION 6.01. Fixture Filing. To the extent that the Mortgaged Property includes items of personal property which are or are to become fixtures under applicable law, and to the extent permitted under applicable law, the filing ofthis Deed of Trust in the real estate records of the county in which such Mortgaged Property is located shall also operate from the time of filing as a fixture filing with respect to such Mortgaged Property, and the following information is applicable for the purpose of such fixture filing, to wit: (a) Name and Address of the Debtor: Concord Neighborhood Corporation 1701 Windhoek Drive Lincoln, Nebraska 68512 (b) Name and Address of the Secured Party: Bank of America, N.A. 101 North Tryon Street Mail Code: NCI-001-15-14 Charlotte, NC 28255-0001 -18-