Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-04-08
LEGAL NOTICES.

Campbell and Fulton to a connection
with the tracks of the Georgia Terminal
Company in the county of Fulton, State
of Georgia, near the city of Atlanta.
Excepting from the property described
in tai, tb) and (c) supra the lands ex-
changed on petitions of June 4. 1910, and
March IL. 1911, of the receivers.
I'D The lines of railraod completed,
extended and added and other property
constructed and acquired by the At
lanta, Birmingham and Atlantic Rail
road Company and the receivers after
the execution of the supplemental mort
gage of December H. 1907, including
the lands received in exchange on the
petitions last above referred to.
(e) All rolling stock and other equip
ment, tools, supplies and personal prop
erty of every kind and description be-
longing to the Atlanta, Birmingham
and Atlantic Railroad Company or ac-
quired or possessed by the receivers,
and all the appurtenances, equipment,
rights and franchises unto any Oh the
railroad lines or branch lines of railroad
described in the paragraphs (a), (b),
(c) td), above belonging or in any way
appertaining, and the incomes, tolls,
rents, issues and profits thereof. in
Guiding the roadway and tracks, rails
and roadbeds. sidetracks, trestlings,
bridges, viaducts, fences, stations, de-
pots, machine shops and all other builc-
ings and structures and all other things
belonging to or used or designed for use
for or in connection with any of said
lines OF railroad or branches, includ
ing all of said property and things
above mentioned and described acquired
by the Atlanta, Birmingham and Allan
tic Railroad Company priorOto the eX
ecution of the aforesaid mortgage and
supplemental mortgages, and all Of
such property and things thereafter ac-
quired and including all lines of rail-
road. lands personal property and
property of every description completed,
constructed and otherwise acquired or
possessed by the receivers.
(D Certain Of the equipment con-
veyed BY the aforesaid mortgage and
supplemental mortgages is subject to
equipment obligations as follows.
l. Atlanta, Birmingham and Atlantic
Railroad Company equipment agreement
to Atlanta and Birmingham Construc-
ton Company and the Trust company
of America, trustee, dated May l, 1906.
securing notes or bonds, total author
lied issue 81 500, 000 drawing interest
at the rate OF 5 per cent per annum,
payable semi-annually on May l and
November / in each year, principal be-
on the first DAYS Of November and May
in each year, commencing May !, 1901
and ending MAY I, 1916, and $4,000
on November 1, 1916.
Amount of principal outstanding July
l. 1913, S426, 600
?. Atlanta, Birmingham and Atlantic
Railroad Company equipment agreement
Series 3, to Guaranty Trust Company. OF
New York, dated July l, 1907, securing
a total authorized Issue OF equipment
notes Of the principal amount Of s1s72O
600, bearing interest at the rate OF D
per cent per annum, payable semi an
nualy on July ! and January !, III each
year the principal being payable IN
semi-annual installments Of $4,000
each, payable January l and July ! In
each year, beginning January l, 1905
and ending June l, 1917.
Amount Of principal outstanding July
I, 1913, $3.50, 900.
Said property will be sold together,
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
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-
lions which shall have been legally in
CURED or contracted by the receivers IN
the operation or on account of the prop
erty to be sold at any time prior to
the discharge Of such receivers, other
than receivers certificates.
Any unpaid Indebtedness and liabtl-
tiles contracted or incurred by the At
lanta, Birmingham and Atlantic Rail-
road Company prior to the appointment
Of receivers, with respect to which pc
tition in Intervention or any proof Of
claim has heretofore been flied, 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 a pledge to make
good his bid in case of acceptance the
sum of fifty thousand $3.50 000) 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 eff. In case the
bid should be executed and the sale
confirmed and a successful bidder shall
comply with the terms thereof, the de-
post shall be credited on the purchase
price. In the event that any bidder
shall fail to make good his bid upon ac-
ceptance by me and confirmation by The
court, or shall fail TO comply with any
further order Of the court in regard to