Title 23, Chapter 2, Section 115
( 23-2-115)
Unless expressly limited in a will, deed, or other instrument
creating a power of sale or unless specifically otherwise provided
in such instrument, a power of sale conferred upon an executor,
trustee, guardian, or attorney in fact shall authorize a private
sale by the executor, trustee, guardian, or attorney in fact, with
or without advertisement and on such terms and conditions as the
donee of the power may deem advisable, without the necessity of
applying for leave to sell or obtaining any order therefor from any
court; provided, however, that this Code section shall not apply to
powers of sale in security deeds, mortgages, trust deeds, bills of
sale, and other instruments conveying property or creating a lien
thereon, to secure a debt or debts. |