Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-04-03
LEGAL NOTICES.

iHed Issue Sl,bUb, OVU drawing interest
at the rate Of 8 per cent per annum,
November 1 in each year, principal be-
ing payable in installmnets of 100000
on the first days of November and May
in each year. commencing May !, 1907,
and ending May /, 1916, and $4,000
on November /, 1918.
Amount of principal outstanding July
!. 1918, s426, 900
2. Atlanta, Birmingham and Atlantic
Railroad Company equipment agreement
Series B. to Guaranty Trust Company Of
New York, dated July /, 1907, securing
a total authorized issue of equipment
notes Of the principal amount of S1,72O,-
900. bearing interest at the rate of .
per cent per annum payable semi an =
nually on July and January /. in each
year the principal being payable in
semi-annual installments of $4,000
each, payable January | and July ] IN
each year, beginning January l, 1908,
and ending June /, 1917.
Amount of principal outstanding July
1, 1918, s6ss,0
Said property will be sold together,
as whole, without division into par
cells.
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
successors or assigns shall take the
| property subject to the following
| charges and obligations:
Any unpaid Indebtedness and obiga-
| tons which shall have been legally in
CURED or contracted by the receivers In
erty to be sold, at any time prior to
| the discharge Of such receivers, other
| than receivers certificates.
Any unpaid Indebtedness and liabil-
tiles contracted or incurred by the At
| lanta, Birmingham and Atlantic Rail-
| road Company prior to the appointment
of receivers, with respect to which a pc
l>tition in Intervention or any proof OF
claim has heretofore been filed, which
| the court shall hereafter adjudge to be
entitled in equity to payment prior to
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 equipment.
No bid will be received by me unless
the person making same has heretofore
deposited with me as pledge to make
good his bid in case OF acceptance the
sum of nifty thousand $3.50 0Uu) dollars
in money or certified check upon any
national bank or trust company in the
cities Of Boston, New York or Atlanta
the deposit received from any unsuc-
cessful bidder shall be returned when
the property is struck off In case the
bid should be executed and the sale
confirmed and successful bidder shall
comply with the terms thereof, the de
post shall be credited on the purcnas G
price In the event that any bidder
shall fail TO make good his bid upon &C
ceptance by me and confirmation by the
court, or shall fail to comply with any
further order of the court In regard to
the payment Of the balance Of the pur-
chase price. said deposit shall be for
feited as liquidated damages and ST
be applied toward the expense of any re
sale ordered, or toward making gooS
any deficiency or loss in case the prop
erty a such resale shall bring less
than the prior sale. or to such other
purposes as the court shall direct, but II
the said sale shall not be confirmed the
deposit shall be returned to the bidder
Upon confirmation Of such sale there
shall be paid in cash by tho purchaser
and from time to time thereafter such
further portions on account Of she pur-
| chase price Of said properly sold a. the
court may direct.
OF tho debt evidenced by receivers
/ certificates tile court has airport toned
a against the Atlanta. Birmingham and
Atlantic Railroad Company the sum OF
g 500 ,121, with interest thereon al j
{ per- cent per auuum from July !, 1913.
until paid. and such portion viii be paid
/ Out OF the proceeds arising from this
! sale.
| Reference is hereby made 10 the fore
/ closure decree IN the cause stated for
further particulars as fully as Il same
/ we're set forth herein
VICTOR LAMAR SMITH
Master Commissioner
! CT RBIEG. vol sc & IILLSBUEY
| SLNION 4 PHILLIPS,
/ OF Atlanta.
COMPLIMENTS solicitors
| RO5SEE & BRANDON,
/ ~ figufq