(a) When a sale has been held, the trustee is entitled to such compensation, if any, as is stipulated in the instrument. (b) When no sale has actually been held, compensation for a trustee's services is determined as follows: (1) If no compensation for the trustee's services in holding a sale is provided for in the instrument, the trustee is not entitled to any compensation; (2) If compensation is specifically provided for the trustee's services when no sale is actually held, the trustee is entitled to such compensation; (3) If the instrument provides for compensation for the trustee's services in actually holding a sale, but does not provide compensation for the trustee's services when no sale is actually held, the trustee is entitled to compensation as follows: (i) one-fourth of the completed sale compensation before the trustee files the notice of hearing; (ii) one-half after the filing of the notice of hearing; and (iii) three-fourths after the hearing. (4) Repealed by Session Laws 1993, c. 305, s. 7.
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