When a commission merchant or warehouse operator receives on consignment produce, merchandise, or other property and makes advances on the produce, merchandise, or property, either to the owner or for freight and charges, the person may, if the freight and charges are not paid within 90 days from the date of the advances, cause the produce, merchandise, or property on which the advances were made to be advertised and sold as provided in this part.
§ 70-9-406, MCA