1532 MORTGAGES. [ART. 66

1910. ch. 216. sec. 31 (p. 203).

32. Tn all deeds or other instruments of writing retaining a lien
or charge upon the estate or property thereby conveyed, as provided in
the preceding section of this article, there may be inserted a clause
authorizing the vendor, his personal representatives or assigns, or any
other person to be named therein to sell the property or estate upon
such terms and on such contingencies as may be expressed therein; and
where interests in any lien so retained are held under one or more
assignments or otherwise, the power of sale shall be held divisible, and
he or they holding any such interest who shall first institute proceed-
ings to execute such power shall thereby acquire the exclusive right to
sell such property or estate.

See sec. 6. et seq., and notes.

1910, ch. 216. sec. 32 (p. 204).

33. All sales made in pursuance of such authority shall be made,
reported and confirmed, and the purchase money distributed in the same
manner and subject to and in accordance with all the provisions and
conditions contained in this article relating to sales of mortgaged prop-
erty; and all such sales, when confirmed by the court and the purchase
money paid, shall pass to the purchaser or purchasers, thereat all the
title which the vendor or vendors in said deed or instrument of writing
had in the property therein described at the time of the recording
thereof, and all the title the vendor or vendors acquired thereby, and a
decree in personam against the vendee may be entered for the amount
of any unsatisfied portion of the purchase money in the same manner
as provided for the entry of such decrees against the mortgagee in cases
of mortgage sales.
See sec. 24.

1910. ch. 210, sec. 33 (p. 204).

34. It may be provided in such deed or instrument of writing
retaining a lien as aforesaid that in cases of sales of property under
the preceding sections any notes or other instruments of indebtedness
mentioned in such deed or other instrument under which the property
therein mentioned was sold shall be paid and satisfied in full in the
order of their maturity; provided, however, that if any of such notes
or instruments of indebtedness shall have been paid or satisfied, no
further proceedings shall be had in reference thereto or the satisfaction
thereof, but the funds arising from such sales shall be distributed as if
said notes already paid or satisfied had never been given.

1910, ch. 210. sec. 34 (p. 204).

35. If such lien be duly released of record after the date of the
maturity of the notes, other instruments, or debt therein mentioned,
such notes, other instruments or debts shall be conclusively presumed