The assurance fund shall not be liable in any action to pay for any loss, damage, or deprivation occasioned by a breach of trust, whether express, implied, or constructive, by any registered owner who is a trustee, or by the improper exercise of any power of sale in a mortgage or trust deed. Final judgment shall not be entered against the county treasurer in any action in this article to recover from the assurance fund for more than a fair market value of the real estate at the time of the last payment to the assurance fund on account of the same real estate.L. 03: p. 347, § 87. R.S. 08: § 803. C.L. § 5013. CSA: C. 40, § 258. CRS 53: § 118-10-90. C.R.S. 1963: § 118-10-90.