Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-04-16
LEGAL NOTICES.

Atlanta, near Howella, IN sald state OF
Georgia. to a point at or near tne cen
yards, depots, grounds, real estate, sta
tions sidetracks, spur tracks, and ter
minal facilities and constituting an en-
trance TO the city of Atlanta, ana Yer.
minRl facilities necessary In and near
the city Of Atlanta.
(b5 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 1 to rs, inclusive, and the para
graph following clause rs, of the de-
scription of the premises conveyed by
the Georgia Terminal mortgage, except
those of said tracts eXchanged on peu
ton Of the receivers dated october :,
1911
(cD All lines Of railroad. terminal facil-
tiles. land and other property OF every
description completed. constructed or
otherwise acquired or possessed by the
Georgia Terminal Company and the re-
ceivers since the execution or the Geor-
gia Terminal mortgage, including SAID
lands acquired by exchange under SAID
petition Of october A, 1911.
(d) All personal property OF every kind
and description belonging to the said
Georgia Terminal Company or acqulred
or possessed by the receivers, and all
the appurtenances. equipments. rights
and franchises UNTO any OF the properly
described herein and in para graphs Ia,
(b) and (c) above, belonging, or In any
wav 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 CT railroad, lands. personal
property and property Of every desorip-
lion completed constructed or otherwise
herein,
said property will be sold together as
a 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-
ton that he or his successors or assigns
shall take the property subject TO the
following charges and obligations:
Any unpaid indebtedness and obliga-
tons which shall have been legally in
CURED or contracted by the receivers
in the operation or on account OF the
property hereby directed TO be sold at
any time prior to the discharge OF such
receivers, other than receivers csrti-
ficates.
ANY unpaid Indebtedness and liabi-
tiles contracted or incurred by the Geor
gia Terminal Company, prior to the
apuointment Of receivers. with respect
20 which a petition In intervention or
any proof Of claim has heretofore been
Aled which the court shall hereafter
Adjudge to be entitled in equity to pay
ment prior TO the payment Of the bonds
secured by the mortgage foreciosed.
The purchaser shall also take the
propertv 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 equipment.
No bid win be received by me unless
the person making same has thereto
fore deposited with me az a pledge 10
make good his bid in case Of acceptance
the sum Of twenty-five thousand
(S25 000l dollars in money or certified
check upon any national bank or trust
company I'm the cities OF Boston, New
York or AtisH.s, the deposits received
from any unsuccessful bidder shall ne
returned when the property is struck on:
In case the bid should be executed and
the sale confirmed and a 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 fail 10 make good his bid
upon acceptance by me and confirma-
tion by the court. or shall fail to com
ply with any further order of the court
in regard to the payment Of the pala,nc,e,
Of the purchase price, said deposit shall
be forfeited as liqudated damages and
shall be applied toward the expense or
any resale ordered, y toward making
good any deficiency or loss in case the
property at such resale shall bring less
than the prior sale or to such other
purposes as the court shall direct, nut
il the said sale shall not be confirmed
the deposit shall be returned to 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 of said property sold as the
court may direct
OF the debt evidenced by receivers
certificates the court has apportioned as
against the Georgia Terminal Company
the sum of S112,27300 with interest
thereon at per cent per annum from
July L. 1918, until paid, and such por-
tions VIII he paid out of the proceeds
arising from this sale
Reference Is hereby made to the fore
closure decree in the cause stated for
further particulars as fully as il same
were set forth herein.
VICTOR LAMAR SMITH,
Master Commissioner,
Currier Young & pilsbury, OF Boston
SIaton & Phillips, OF Atlanta,
Complainants Solicitors; Rosser
& Brandon, Of Atlanta, Defend
ants solicitors.