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

Atlanta, near Howells, IN said State Of
Georgia, to a point at or neEr the CEN
ter Of the city of Atlanta. together with
yards, depots, grounds, real 'estates sta
lions, siuetracks, 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.
(b) 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 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 petit
ton OF the receivers dated October 4,
1911.
(c) All lines Of railroad. terminal facll-
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 OF the Geor.
gia Terminal mortgage, including said
lands acquired by exchange under said
petition OF october 4. 1911
(d) All personal property OF every kind
and description belonging to the said
Georgia Terminal Company, or acquired
or possessed by the receivers, and all
and franchises unto any Of the property
described herein and in para graphs (a),
(b) and (c) above, belonging. or In any
way appeftaining, and the income. tolls,
rents Issues and profits thereof. and
all things belonging 70 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 desorip-
ton completed, constructed or otherwise
acquired or possessed by the receivers
herein
Said property will be sold together as
whole, without division into parcels
AS 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 10 the discharge of such
receivers, other than receivers certi-
ficates
tiles contracted or incurred by the Geor-
gia Terminal Company, prior to the
appointment of receivers, with respect
to which q petition In intervention or
any proof of claim has heretofore been
filed. which the court shall hereafter
sdjudge to be entitled In equity to pay
ment 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 thereto
fore deposited with me as a pledge 10
make good his bid in case of acceptance
the sum OF twenty-five thousand
1926. O00) dollars in money or certified
check upon any national bank or trust
company in the cities~of Boston, New
York or atlanta. the deposits received
from any unsuccessful bidder shall he
returned when the property is struck on.
In case the bid should be executed and
the sale confirmed and successful bid
der shall comply with the terms there
Of the deposit shall be credited on the
purchase price In the event. that any
bidder shall fail to make good his bid
upon acceptance by me and connrma-
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 the purchase price. SAID deposit sHall
be forfeited as liquidated damages and
shall he applied toward the expense Of
any resale ordered, " 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 hut
II 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 S112,273.O0, with interest
thereon at per cent per annum from
July T. 1913, until paid, and such por-
tons Will he paid out Of the proceeds
arising from this sale.
Reference is hereby made to the tore-
closure decree in the cause stated for
further particulars. as fully as II same
were set forth herein
VICTOR LAMAR SMITH,
/ Master Commissio ner.
Currier, Young & Pllsbury, of Boston;
Slaton & Phillips, OF Atlanta
Complainants Solicitors; Rosser
& Brandon, OF Atlanta, Defend
ants Solicitors