N.D. Cent. Code § 9-12-26: Deposit of thing offered - How held

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.