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N.D. Cent. Code § 35-03-01.1

Definitions

1. A mortgage is a contract by which specific real property capable of being transferred is hypothecated for the performance of an act without requiring a change in possession, and includes a transfer of an interest in real property, other than a trust, made only to secure the performance of an act.

2. A power of sale under a mortgage of real property is a trust and can be executed only in the manner prescribed by the laws of this state governing the foreclosure of mortgages. Such a power may be conferred by a mortgage upon the mortgagee, or any other person, to be exercised after a breach of the obligation for which the mortgage is a security.

Official source: North Dakota Legislative Branch. Reproduced from public-domain North Dakota statutes; confirm against the official source for the current text. Not legal advice.