North Dakota Code § 9-12-26

Deposit of thing offered - How held
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The person offering a thing other than money by way of performance, if that person means 
to treat it as belonging to the creditor, shall retain it as a depositary for hire until:
1. The creditor accepts it;
2. That person has given reasonable notice to the creditor that that person will retain it no 
longer; or
3. That person has deposited it with such suitable depositary therefor as that person is 
able to find with the exercise of reasonable diligence.

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