The Birmingham age-herald., 1913-01-16
LEGAL NOTICES
legal Notice

pursuant to an order of the United
States district court for the southern
division of the northern district of Ala.
bama, dated December Z, 1912, and to ma
directed, will sell at public auction. at
the Third avenue front door of the court
house of Jefferson county, Alabama, in
the city of Birmingham, Ala, on the S1st
day of January, 1918. at u o'clock noon
on said day. all my right. title and in
terest as Trustee of the Southern Iron
and Steel company. bankrupt, and all
the right, title and interest of said South
ern Iron and Steel company, and of the
United States Mortgage and Trust COM
pany and John W. Platten as trustees,
under the first and refunding mortgage
of the said Southern Iron and Steel COM
pany in the real estate. the leasehold in
terests and easements in the real
estate, if any. of said South
ern Iron and Steel company in the
petition for sale of the trustee in bank
ruptcy mentioned and described, together
with the buildings and all other struc-
lures thereon, and the machinery, fix
lures and equipment thereon and appur-
tenant thereto; also all of the companys
patterns, drawings, machinery, tools,
supplies, materials. raw, unfinished and
partly finished, stores, consignments,
its manufactured and partly manu-
factured product on hand, sub
ject to the contracts of the trustee
relating to the same and his partially
performed and wholly unperformed con-
tracts, as well as all other property ana
assets of every kind and description OF
said the Southern Iron and Steel conf
pany and of said trustee in bankruptcy,
real and personal, eorporeal and incor-
poreal, wheresoeyer situated Except only
cash on hand and in bank, and IN the
mails upon day of sale, which cash is
expressly exempted from said sale), to-
gether with all stocks, bonds, patents,
licenses, copyrights, trade marks ana
trade names insofar as the same are law
fully transferable; all as more partieu-
larly set forth, stated and described in
the petition herena bove referred to, free
and clear from the lien of said certain
mortgage executed by the Southern Iron
and Steel company under date of July 90
1909 to the United States Mortgage and
Trust company and John w. Platten, as
trustees; but subject to all other incum-
brances thereon.
Said property will be sold in lots as
follows, to-wit: Said property will first
be offered for sale in four lots, to-wit:
Lot Accomplishing all real estate,
buildings and fixtures annexed to realty,
stocks, bonds, patents, patent rights, IL
censes, easements, machinery, tools. sup
plies, materials and other property, real,
personal or mixed, of every kind and
description. except the real property set
forth and described in parcels to 10
DOtn inclusive, IN lne Scneuule dlldcucu
to the petition of the trustee in bank
ruptcy heretofore mentioned and filed
November Is, 1912, heretofore by delivery
or by writing of any kind for the pur-
poses of said mortgage executed by the
Southern Iron and Steel company to
United States Mortgage and Trust COM
pany and John w. Platten. as trustees,
dated July 20, 1909, conveyed, mortgaged
pledged, as assigned or transferred by
said Southern Iron and Steel company
or by any one on its behalf TO the said
trustees, to the corporate trustee,
which, at the time of such sale. shall, as
against the trustee of said bankrupt, be
subject to the lien of such mortgage.
Lot accomplishing all the real estate,
buildings and fixtures annexed to the
realty, described and set forth in parcels
8 to 15, both inclusive, in the schedule
attached to the petition of the trustee in
bankruptcy heretofore mentioned, and
filed November 15 1912.
Lot Cali personal property of the
character and description specified in
said mortgage of said Southern Iron and
Steel company to United States Mortgage
and Trust compand and John W.. Platten,
as trustee, dated July 20, 1909, as being
covered by the lien thereof, except that
included in Lot A. aforesaid
Lot D-Comprising all the balance of
tite property to be sold not included in
Lots "A. 81 and C. IS set forth in 7parceI
l9 annexed to the petition of the trus-
tee in bankruptcy heretofore mentioned.
and filed November 10, 1872 as the same
shall exist in the hands of the trustee,
or to which he shall be entitled on the
opening of business on the day of sale.
No bids will be accepted from any bid
der for Lot d which shall not be equal
to or in excess of the sum of five hun
dred thousand dollars.
Bids will be received for said property
ac in cai6 Of 1a at,d inn fars
set forth. Immediately after said Lots
"A, b, G and d shall have been offered
for sale and bids received therefor. all
the property constituting Lots A, B, c
and d will be offered together as a
single lot. and bids received therefor.
The trustee will report all bids received
to the court for confirmation or rejcc-
tion, and the court expressly reserves
the power to confirm or reject any or all
bids received. If the highest bid for all
such property when offered together as
single lot parcel shall exceed the
aggregate of the highest bids received for
said Lots A, b, G and ID when offered
separately as aforesaid, then all such
property will be struck off and sold to-
+. gether as a single lot or parcel to the
purchaser making the highest bid there
for, subject in every case to confirma-
tion or rejection as provided in said or
der.
A certified check for fifty thousand
dollars must, prior to the commence
ment of said sale, be deposited with the
undersigned by any bidder for more than
one of said parcels, or for the property
as an entirety, or, in lieu of such cer-
titled check. four hundred thousand dol
lars par value in bonds and coupons
of the Southern Iron and Steel company
may be deposited by a bidder for such
parcels, or for the property as an en-
tirety. A certified check for twenty-five
thousand dollars must, prior to the COM
mencement of said sale. be deposited with
the trustee by any bidders for but one
of such parcels, or, In lieu of such certi-
fled check, two hundred thousand dol
lars par value in bonds and coupons
of the Southern Iron and Steel company
may be deposited by such bidder.
The purchaser may make payment on
Account Of his bid in outstanding bonds
of the Southern Iron and Steel COM
pany, secured by its mortgage to the
United States Mortgage and Trust COM
pany and John w. Platten, as trustees
or in claims which shall have been duly
proven against said bankrupt estate as
in said order of sale provided. The de-
posits made by all bidders shall be dis
posed of as provided in said order of
sale.
Said sale is to be made in accordance
with the provisions of an order of sale
entered in the above entitled proceedings
on the 18th day of December. 1912. to the
specific provision of which order ref
erence is hereby made for further par
<iculars the original thereof being on