§ 35-22-03 — Notice of intention to foreclose - Service - Payment - Failure to commence foreclosure within ninety days

foreclosure within ninety days.
Before any real estate mortgage may be foreclosed by advertisement, a notice of intention
to foreclose such mortgage must be served on the record title owner of the real estate described
in the mortgage unless the service thereof is excused by section 32-19-23. Such notice must be
in the form specified in section 32-19-21, and must be served as provided for the service of
such notice in foreclosure by action as prescribed in chapter 32-19, and the proof of service
thereof, or the proof of death of the record title owner, must be recorded with the notice and
certificate of sale. If the owner of the land or the owner's legal representative, before the
expiration of thirty days from the service of the notice of intention to foreclose the mortgage,
performs or complies with the conditions of the mortgage, the mortgage remains in full force and
effect the same as if no default had occurred. If the notice of sale is not published for the first
time within ninety days after the service of the notice of intention to foreclose, all proceedings
under the notice of intention to foreclose are deemed discontinued.