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Rule 69B

Rule 69B. Sale of property; delivery of property.

(a) Sale before judgment. The officer may sell the propertybefore judgment if it is perishable or likely to decline speedily in value. Thecourt may order the officer to sell the property before judgment if the courtfinds that the interest of the parties will be served by sale. The officershall keep safe the proceeds of the sale subject to further order of the court.

(b) Notice of sale. The officer shall set the date, time andplace for sale and serve notice thereof on the defendant and on any third partynamed by the plaintiff or garnishee. Service shall be not later than theinitial publication of notice of the sale. The officer shall publish notice ofthe date, time and place of sale as follows:

(b)(1) If the property is perishable or likely to declinespeedily in value, the officer shall post written notice of the date, time andplace of sale and a general description of the property to be sold (A) in thecourthouse from which the writ was issued and (B) in at least three otherpublic places in the county or city in which the sale is to take place. Theofficer shall post the notice for such time as the officer determines isreasonable, considering the character and condition of the property.

(b)(2) If the property is personal property, the officershall post written notice of the date, time and place of sale and a generaldescription of the property to be sold (A) in the courthouse from which thewrit was issued and (B) in at least three other public places in the county orcity in which the sale is to take place. The officer shall post the notice forat least seven days and publish the notice at least one time not less than oneday preceding the sale in a newspaper of general circulation, if there is one,in the county in which the sale is to take place.

(b)(3) If the property is real property, the officer shallpost written notice of the date, time and place of sale and a particulardescription of the property to be sold (A) on the property, (B) at the place ofsale, (C) at the district courthouse of the county in which the real propertyis located, and (D) in at least three other public places in the county or cityin which the real property is located. The officer shall post the notice for atleast 21 days and publish the notice at least once a week for three successiveweeks immediately preceding the sale in a newspaper of general circulation, ifthere is one, in the county in which the real property is located.

(c) Postponement. If the officer finds sufficient cause, theofficer may postpone the sale. The officer shall declare the postponement atthe time and place set for the sale. If the postponement is longer than 72hours, notice of the rescheduled sale shall be given in the same manner as theoriginal notice of sale.

(d) Conduct of sale. All sales shall be at auction to thehighest bidder, Monday through Saturday, legal holidays excluded, between thehours of 9 o'clock a.m. and 8 o'clock p.m. at a place reasonably convenient tothe public. Real property shall be sold at the district courthouse of thecounty in which the property is located. The officer shall sell only so muchproperty as is necessary to satisfy the amount due. The officer shall notpurchase property or be interested in any purchase. Property capable ofdelivery shall be within view of those who attend the sale. The property shallbe sold in such parcels as are likely to bring the highest price. Severablelots of real property shall be sold separately. Real property claimed by athird party shall be sold separately if requested by the third party. Thedefendant may direct the order in which the property is sold.

(e) Accounting. Upon request of the defendant, the plaintiffshall deliver an accounting of the sale. The officer is entitled to recover thereasonable and necessary costs of seizing, transporting, storing and sellingthe property. The officer shall apply the property in the following order up tothe amount due or the value of the property, whichever is less:

(e)(1) pay the reasonable and necessary costs of seizing,transporting, storing and selling the property;

(e)(2) deliver to the plaintiff the remaining proceeds ofthe sale;

(e)(3) deliver to the defendant the remaining property andproceeds of the sale.

(f) Purchaser refusing to pay. Every bid is an irrevocableoffer. If a person refuses to pay the amount bid, the person is liable for thedifference between the amount bid and the ultimate sale price. If a personrefuses to pay the amount bid, the officer may:

(f)(1) offer the property to the next highest bidder;

(f)(2) renew bidding on the property; and

(f)(3) reject any other bid of such person.

(g) Property capable of delivery. Upon payment of the amountbid, the officer shall deliver to the purchaser of property capable of deliverythe property and a certificate of sale stating that all right, title andinterest which the defendant had in the property is transferred to thepurchaser.

(h) Property not capable of delivery. Upon payment of theamount bid, the officer shall deliver to the purchaser of property not capableof delivery a certificate of sale describing the property and stating that allright, title and interest which the defendant had in the property istransferred to the purchaser. The officer shall serve a duplicate of thecertificate on the person controlling the property.

(i) Real property. Upon payment of the amount bid, theofficer shall deliver to the purchaser of real property a certificate of salefor each parcel containing:

(i)(1) a description of the real property;

(i)(2) the price paid;

(i)(3) a statement that all right, title, interest of thedefendant in the property is conveyed to the purchaser; and

(i)(4) a statement whether the sale is subject toredemption.

The officer shall file a duplicate of the certificate in theoffice of the county recorder.

(j) The officer shall deliver the property as directed bythe writ.