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§58-385d.
§58-385d.
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 administrator or executor 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 administrator or
executor may make and execute the note or notes and mortgage and shall
then present the same to the district court 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 administrator or executor
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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