Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-04-02
LEGAL NOTICES.

Alabama Terminal Railroad Company
or acquired or possessed by the reCeiV-
ers thereof and all appurtenances
equipments rights and franchises unto
any Of the property described herein
and in Paragraphs a. b and above
belonging or in any way appertaining
and the incomes, tolls rents issues and
profits thereof, and all things belonging
to or used or designed for use for or
in connection with any OF said property
branches, including all of said property
and things above mentioned and de
scribed, acquired by the Alabama Ter
minal Railroad Company prior to the
execution Of the aforesaid mortga ge
and all OF such property and things
thereafter acquired and including all
lines of railroad, lands, personal prop
erty of every description completed,
constructed or otherwise acquired or
possessed by the receivers thereof
said property VIII he sold together az
a whole, without division into parcels
As a part of the consideration and
purchase price, and In addition to the
sum bid, the purchaser shall take the
same and receive the deed therefor
upon the express condition that he or
his Successors or assigns shall take the
property subject to the following
charges and obligations:
ANY unpaid Indebtedness and obliga
tions, which shall have been legally in
CURED or contracted by the receivers in
the operation or on account Of the prop
erty to be gold. at any time prior 10 the
discharge Of such receivers, other than
receivers certificates.
Any unpaid indebtedness and liabili-
ties contracted or Incurred by the Ala.
bama Terminal Railroad Company. prior
TO the appointment of receivers. with
respect TO which a petition I'm interVCn-
ton or any proof Of claim has hereto
lore been fled which the Court shan
hereafter adiudge TO be entitled IN
equity 10 payment prior 10 the payment
Of the bonds secured by the mortgage
foreclOsed
The purchaser shall also take the
property subject TO the performance by
him or his successors or assigns OF all
pending contracts heretofore lawfully
made by the receiver or receivers with
respect TO the property sold, including
contracts for the purchase OF equip
40 BID win he received by me unless
the person making same has thereto
fore deposited with me as pledge to
make good hts bid In case Of acceptance
the sum Of Twenty-Five Thousand 1925 r.
000J Dollars In money or certified check
upon any national bank or trust com
pany IN the cities Of Boston. New York
or Atlanta the deposit received from
any unsuccessful bidder shall be re-
turned when the property is struck or
In case the bid should be executed and
the sale confirmed and a successful bid
der shall comply with the terms there
of tho deposit hndll De credited on the
purchase price. In the event that any
bidder shall fail to make good his bid
upon acceptance by me and confirma-
ton by the Court or shall fail TO com
ply with any further order Of the Court
In regard TO the payment Of the balance
Of thu purchase price, said deposit shall
be forfeited as Nquidated dana ges and
shall he applied toward the expense Of
any resale ordered, or toward making
good any deficiency or loss in case the
property al such resale shall bring less
Than the prior sale. or 10 such other
purposes AZ the Court shall direct. but
II the said sale shall not he 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 10 time thereafter such
further portions on account OF tho pur-
chase price Of the property sold as the
Court may direct
or the debt evidenced by receivers
certificates tbs Court has apportioned as
against the Ala bama Terminal Railroad
Company the sum Of 81 07s sos 90, with
Interest thereon at per cent per an
mum from July T. 1913. until pad and
such portion win he paid out of tho
proceeds arising from this sale
Reference Is hereby made TO the fore
closure decree M the cause stated for
further particI'9rs as fully MS II Same
were set fo~h herein
VICTOR LAMAR SMITH.
Master Commissioner