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Chapter 5

Form 5-7

It is recommended that all public sales to dispose of collateral be advertised at least three times in a newspaper of general circulation in the geographical area in which the sale is to be conducted. When this notice is sent to the newspaper, the attorney should request a bill for the advertisement and an affi­davit that the notice was published on the requested dates. The terms of sale shown in the second para­graph are shown only as an example; they should be altered as necessary to make the sale commercially reasonable. See section 5.32 in this chapter.

Newspaper Notice of Public Sale

Because of a default by [name of debtor], Debtor, under the terms of a note and security agreement executed by Debtor on [date of agreement], the undersigned holder of the note and security agreement and the indebtedness represented thereby will sell at the premises of the undersigned, [address, city, state], on [date and time of sale], all right, title, and interest of the undersigned in the following property: [describe property].

The seller requires at the time of the auction a minimum down payment of 25 percent of the accepted bid in either cash, a certified check, or a cashier’s check, with the balance due within twenty-four hours thereafter. The undersigned reserves the right to bid at the sale.

Date: [date].

   
[Name of creditor]