Title 23, Chapter 2, Section 114
( 23-2-114)
Powers of sale in deeds of trust, mortgages, and other instruments
shall be strictly construed and shall be fairly exercised. In the
absence of stipulations to the contrary in the instrument, the time,
place, and manner of sale shall be that pointed out for public
sales. Unless the instrument creating the power specifically
provides to the contrary, a personal representative, heir, heirs,
legatee, devisee, or successor of the grantee in a mortgage, deed of
trust, deed to secure debt, bill of sale to secure debt, or other
like instrument, or an assignee thereof, or his personal
representative, heir, heirs, legatee, devisee, or successor may
exercise any power therein contained; and such powers may so be
exercised regardless of whether or not the transfer specifically
includes the powers or conveys title to the property described. A
power of sale not revocable by death of the grantor or donor may be
exercised after his death in the same manner and to the same extent
as though the grantor or donor were in life; and it shall not be
necessary in the exercise of the power to advertise or sell as the
property of the estate of the deceased nor to make any mention of or
reference to the death. |