§44-14-2 Procedure for appointment by court or judge; appointment by secured party under trust deed.
§44-14-2. Procedure for appointment by court or judge; appointment by secured party under trust deed.
(a) A motion under the provisions of subsection (a) of the preceding section shall be after ten days' notice to all persons interested in the execution of the trust other than the plaintiff in such motion. If any of the parties on whom such notice is required to be served be under disability and have no guardian or committee, the court, judge or clerk shall appoint some discreet and competent attorney-at-law as guardian ad litem to such person, on whom notice may be served. If there be such guardian or committee, the notice shall be served on him.
(b) In the case of a substitution made under subsection (b) of the preceding section, substituting a trustee or trustees of a trust deed securing a debt or obligation, the substitution is effected when the party secured, or a surety indemnified by the deed, or the assignee or personal representative of any such secured party or surety has deposited true copies of the notice of such substitution in the United States mail, first class postage prepaid, addressed to the last known addresses of the grantor or grantors or any other person owing the debt or obligation, and to the trustee or trustees, and has presented the original of such notice to the clerk of the county commission in whose office the trust deed is recorded, causing such notice to be recorded and indexed in a general lien book or other such appropriate book wherein trust deeds or assignments of trust deeds are recorded. There shall be appended to the notice presented for recordation a certificate by the party making the substitution, certifying that copies of the notice were mailed as required by this subsection, and showing the date of such mailing.
(c) It shall not be necessary to give notice under this section to a trustee who has removed from the state, declined to accept the trust, refused to act as trustee, or has resigned, nor to the personal representative of one who has died.