In the absence of payment of the secured debt and unless otherwise stipulated in the trust agreement, the trustee, where it is the creditor, acquires free disposal of the property assigned as security.
Where the trustee is not the creditor, the creditor may require the trustee to surrender the property, which it may then freely dispose of, or, if the agreement so provides, to sell the property and remit all or part of the price.
The value of the property is determined by an expert appointed amicably or judicially. Any clause to the contrary is deemed unwritten.
If the trustee cannot find a purchaser at the price determined by expert, he may sell the asset or right at the price he considers, under his responsibility, to correspond to its value.