33-810

33-810. Sale by public auction; postponement of
sale

A. On the date and at the time and place designated in the notice of sale, the
trustee shall offer to sell the trust property at public auction for cash to the highest
bidder. The trustee may schedule more than one sale for the same date, time and place.
The attorney or agent for the trustee may conduct the sale and act at such sale as the
auctioneer for the trustee. Any person, including the trustee or beneficiary, may bid at
the sale. Only the beneficiary may make a credit bid in lieu of cash at sale. The trustee
shall require every bidder except the beneficiary to provide a ten thousand dollar
deposit in any form that is satisfactory to the trustee as a condition of entering a bid.
The trustee or auctioneer may control the means and manner of the auction. Every bid
shall be deemed an irrevocable offer until the sale is completed, except that a
subsequent bid by the same bidder for a higher amount shall cancel that bidder's lower
bid. To determine the highest price bid, the trustor or beneficiary present at the sale
may recommend the manner in which the known lots, parcels or divisions of the trust
property described in the notice of sale be sold. The trustee shall conditionally sell
the trust property under each recommendation, and, in addition, shall conditionally sell
the trust property as a whole. The trustee shall determine which conditional sale or
sales result in the highest total price bid for all of the trust property. The trustee
shall return deposits to all but the bidder or bidders whose bid or bids result in the
highest bid price. The sale shall be completed on payment by the purchaser of the price
bid in a form satisfactory to the trustee. The subsequent execution, delivery and
recordation of the trustee's deed as prescribed by section 33-811 are ministerial acts.
If the trustee's deed is recorded in the county in which the trust property is located
within fifteen business days after the date of the sale, the trustee's sale is deemed
perfected at the appointed date and time of the trustee's sale. If the highest price bid
at a completed sale is less than the amount of that bidder's deposit, the amount of the
deposit in excess of the bid price shall be refunded by the trustee at the time of
delivery of the trustee's deed.

B. The person conducting the sale may postpone or continue the sale from time to
time or change the place of the sale to any other location authorized pursuant to this
chapter by giving notice of the new date, time and place by public declaration at the
time and place last appointed for the sale. Any new sale date shall be a fixed date
within ninety calendar days of the date of the declaration. After a sale has been
postponed or continued, the trustee, on request, shall make available the date and time
of the next scheduled sale and, if the location of the sale has been changed, the new
location of the sale until the sale has been conducted or canceled and providing this
information shall be without obligation or liability for the accuracy or completeness of
the information. No other notice of the postponed, continued or relocated sale is
required except as provided in subsection C of this section.

C. A sale shall not be complete if the sale as held is contrary to or in violation
of any federal statute in effect because of an unknown or undisclosed bankruptcy. A sale
so held shall be deemed to be continued to a date, time and place announced by the
trustee at the sale and shall comply with subsection B of this section or, if not
announced, shall be continued to the same place and at the same time twenty-eight days
later, unless the twenty-eighth day falls on a Saturday or legal holiday, in which event
it shall be continued to the first business day thereafter. In the event a sale is
continued because of an unknown or undisclosed bankruptcy, the trustee shall notify by
registered or certified mail, with postage prepaid, all bidders who provide their names,
addresses and telephone numbers in writing to the party conducting the sale of the
continuation of the sale.

D. A sale is postponed by operation of law to the next business day at the same
scheduled time and place if an act of force majeure prevents access to the sale location
for the conduct of the sale.