Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-03-18
LEGAL NOTICES.

Georgia, on the ed day of April, at
O'Clock p. m, 1914, the following de-
scribed property, TO wit;
(a) The line of railroad about three
miles in length Of the main line extend
ing from a point at or near the city of
Atlanta. near Howel's. in said State OF
Georgia, to a point at or near the CEN
ter of the city of Atlanta together with
yards, depots, grounds, real estate, sta l.
lions. sidetracks. spur tracks, and ter
minal facilities and constituting an en-
trance to the city of Atlanta, and ter
minal facilities necessary in and near
the city of Atlanta.
OBJ The tracts or parcels of land lying
and being in the State OF Georgia,
County OF Fulton and city of Atlanta
and more particularly described in
clauses to Is, inclusive, and the para
graph following clause 49, of the de-
scription Of the premises conveyed by
the Georgia Terminal mortgage, except
those of said tracts exchanged on petit
ton of the receivers dated October 4
1911.
tc) All lines of railroad, terminal facil-
tiles. land and other property Of every
description completed, constructed or
otherwise acquired or possessed by the
cevers since the execution Of the Geor-
gia Terminal mortgage including said
lands acquired by exchange under said
petition Of October A. 1871.
NQb All personal property OF every kltttl
and description belonging to the said
Georgia Terminal Company, or acquired
or possessed by the receivers, and al
the appurtenances, equipments, rights
and franchises unto any Of the property
described herein and in para graphs "a },
tb) and tc) above, belonging, or In any
way appertaining, and the income. tolls.
rents issues and profits thereof. and
all things belonging to or used or de-
signed for use for or in connection with
any of the said property, including all
Of said property and things above men
toned and described, acquired by the
defendant Georgia Terminal Company,
prior to the execution Of the aforesaid
mortgage. and all Of such property and
things thereafter ACQUIRED, and including
all lines Of railroad, lands, personal
property and property Of every descrip-
tiOn completed. constructed or otherwise
acquired or possessed by the receivers
herein
said property will be Sold together as
whole, without division into parcels.
As a part of the consideration and
purchase price Of the property and IN
addition TO the sum bid, the purchaser
shall take the same and receive the
deed therefor upon the express condi-
tion that he or his successors or assigns
shall take the property subject to the
following charges and obligations.
Any unpaid Indebtedness and obliga
ti0ns which shall have been legally in
Cured or contracted by the receivers
In the operation or on account Of the
property hereby directed to he sold al
any time prior to the discharge of such
receivers. other than receivers certi-
fCates.
ANY unpaid Indebtedness and Iiahi-
ties contracted or incurred by the Geor-
pia Terminal Company, prior to the
appointment Of receivers. with respect
% which "A petition in Intervention or
any proof Of claim has heretofore been
nlod which the court shall hereafter
ddiudgp to be entitled IN equity to pay
trent prior TO tho payment Of the bonds
secured by the mortgage fOreclosed
The purchaser shall also take the
property subject 10 the performance by
him or his successors or assigns Of all
pending contracts heretofore lawfully
made by The receiver or receivers with
respect 10 IN" property sold, including
contracts for tire purchase OF equipment.
No bid win he received by me unless
the person making same has thereto
fore deposited with me as a pledge Ia
make good his bid I'm case " acceptance
the sum 81 twenty-five thousand
1895 000l dollars in money or certified
check upon any national bank Or trust
comnanv I'm the cities ~ Boston. New
York or At'aHs; the deposits received
from any ureuccessful bidder shall he
returned when the property Is struck on
IN Ease the bid should be executed and
the sale confirmed and successful bid
der shall comply with the terms there
Of. the deposit shall he credited on the
purchase price In the event that any
bidder shall fan 70 make good ms bid
upon acceptance hN me and conhTma
ton hN tine court or snail fail to com
ply with any further order Of the court
I'm regard to the payment of the balance
Of me purchase price. said deposit shall
be forfeited as liGuidatcd damages and
shall hN applied toward the expense ~
any resale ordered. or toward making
good any deficiency or loss IN case the
property at such resale shall bring less
than the prior sale. or 10 such other
uuTposcs as the court shall direct, but
il the said sale shall not be confirmed
the deposit shall be returned 10 the bid
der.
Upon confirmation Of such sale there
shall be paid in cash by the purchaser,
and from time TO time thereafter such
further portions ON account OF the pur-
chase price ~ said property sold as the
court may direct
Of the debt evidenced by receivers
certificates tho court has apportioned as
against the Georgia Termipal Company
the sum Of Slt2273.00 with interest
July /, 1913, until paid, and such por-
lions win be paid out Of the proceeds
arising from this sale.
Reference rs hereby made to the fore
closure decree in the cause stated for
further particulars as fully as N same
were set forth herein
VICTOR LAMAR SMITH.
Master Commissioner.
Currier Young g piilsbury. Of Boston.
~taton 4 Phillips Of Atlanta
Conplainants solicitors; Rosser
& Brandon. Of Atlanta Defend
ants Solicitors.