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§58-385.3.
§58-385.3.
Upon such hearing, if the court is satisfied that it is for the best
interest of the estate and to the owners of such real estate he may
make an order authorizing the guardian to borrow money, make, execute
and deliver a note or notes therefor and to make, execute and deliver
a real estate mortgage securing the same, in such amount, at such rate
of interest and upon such terms and conditions as the court may
prescribe and may, if he deems it advisable require an additional bond
as in the case of the sale of real estate. After the order of the
court authorizing the same is made, the guardian may make and execute
the note or notes and mortgage and shall then present the same to the
district court or judge thereof, who shall examine the same, and if
they appear to be in conformity to law and the order of the court, the
judge of the district court shall endorse his approval on the face of
the mortgage. Thereafter the guardian may proceed to close the loan by
receiving the funds so borrowed and by delivering the note or notes
and mortgage. All such notes and mortgages shall be valid and binding
obligations against the estate and against the real estate so
mortgaged in accordance with the terms and conditions of such
mortgage.
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