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§58-333.


§58-333.
   
   All claims arising upon contracts entered into prior to the decedent's
   death, whether the same be due, not due or contingent, must be
   presented on or before the presentment date as provided in the notice,
   and any claim not so presented is barred forever; provided, however,
   that when it is made to appear by the affidavit of the claimant, to
   the satisfaction of the personal representative and the judge of the
   district court, as duly noted on the claim, that the claimant had no
   notice by reason of being out of the state and that a copy of the
   notice to creditors was not mailed to said claimant, the claim may be
   presented at any time before a final decree of distribution is
   entered; provided, further, that nothing in this section, nor in this
   chapter contained, shall be construed to prohibit the right or limit
   the time of foreclosure of mortgages upon real property of decedents,
   but every such mortgage may be foreclosed within the time and in the
   mode prescribed in civil procedure, except that no balance of the debt
   secured by such mortgage remaining unpaid after foreclosure shall be a
   claim against the estate, unless such debt was presented as required
   by this code.
   

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