§ 34-4-106 — Time, place and manner of sale generally; mortgagee, judgment creditor or lienor shall be present or waive

The sale shall be at public vendue, between the hour of ten
(10:00) o'clock in the forenoon, and five (5:00) o'clock in the
afternoon, at the front door of the courthouse, or the place of
holding the district court of the county within the county in
which the premises to be sold, or some part of them, are
situated, and shall be made by the person appointed for that
purpose in the mortgage or by the sheriff or deputy sheriff of
the county, to the highest bidder. The sheriff or deputy
sheriff shall not hold the sale unless the foreclosing
mortgagee, judgment creditor, other foreclosing lienor or an
authorized agent of the foreclosing party is present at the sale
or has previously waived to the sheriff conducting the sale the
right to appear and bid at the sale. The sheriff conducting the
sale shall not be considered to be the authorized agent of the
foreclosing party unless the foreclosing party has given the
sheriff a specified opening bid to be presented by the sheriff
on behalf of the foreclosing party and the sheriff actually
presents the opening bid. Any foreclosure sale conducted
without complying with the terms of this section is void, in
which case the mortgage, power of sale, judgment or other lien
which is the subject of the voided sale is not extinguished or
exhausted, but may be properly foreclosed in a subsequent
foreclosure sale in compliance with applicable law.