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State Statutes - Idaho - Title 6 - Chapter 1 - 6-103
Idaho Statutes
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6-103 - PARTIAL SALES
If the debt for which the mortgage, lien or
encumbrance is held is not all due, but is payable in instalments, whether
such debt be evidenced by one (1) or more principal notes or otherwise, such
mortgage, lien or encumbrance may be foreclosed, at the election of the holder
thereof, for the instalment or instalments due, or for taxes or other charges
or obligations which the mortgage provides shall be paid by the mortgagor, and
the court may by its judgment direct a sale of the encumbered property or of
the equity of defendants therein, or so much thereof as may be necessary, to
satisfy the amount due for such instalment, charge or obligation, which sale
shall be subject to the unpaid balance of said mortgage, lien or encumbrance
not reduced to judgment, and such mortgage, lien or encumbrance shall
otherwise remain in full force and effect, and the holder thereof shall have
the right to foreclose for the balance of the same or any part thereof,
notwithstanding the provisions of section 6-101. The remedy herein provided
shall be cumulative and not exclusive. Provided, that no deficiency judgment
shall be taken under the second or any subsequent foreclosure under any such
mortgage, lien or encumbrance.
 
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