Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-03-19
LEGAL NOTICES.

Georgia, on the ed day OF April, at /
O'Clock p m. 1914, the following de-
scribed property, to wit:
(a) The line of railroad about three
miles In length of the main line extend
ing from a point at or near the city of
Atlanta, near Howels in said State OF
Georgia, TO a point at or near the CEN
Ter OF the city % Atlanta, together with
yards, depots, grounds, real estate, sta
lions, sidetracks, 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-
scrpton of the premises conveyed by
the Georgia Terminal mortgage, except
those of said tracts exchanged on petit
tion Of the receivers dated October 4,
1911.
(c) All lines Of railroad. terminal facil-
files, tald 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 T. 1911.
I'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
the appearances. equipments, rights
and franchises unto any Of the property
described herein and in paragraphs la.
OBJ and tc) above, belonging, or in any
way 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 % the said property including al
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 descrip-
tlon 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 10 the sum bid, the purchaser
shall take the same and receive the
deed therefor upon the express cond-
tion that he or his successors or assigns
shah take the property subject 10 the
following charges and obligations.
Any unpaid Indebtedness and obliga
tlons which shall have been legally in
CURED or contracted by the receivers
I'm the operation or on account OF the
property hereby directed TO he sold at
any time prior to tho discharge Of such
receivers, other than receivers certi-
dcates
Any unpaid Indebtedness and liabil-
tiles contracted or incurred by the Geor-
gia Terminal Company, prior 10 the
appointment Of receivers. with respect
o which petition in intervention or
- ne 81 Ia naa
dled which the court shall hereafter
adiudae 70 he entitled IN equity To paw.
trent prior 10 the payment Of the bonds
secured by the mortgage foreclosed
The purchaser shall also take the
property subject To the performance bv
him or his Successors or assigns Of all
pending contracts heretofore lawfully
made BY the receiver or receivers with
respect 70 the property sold. including
contracts for the purchase OF equipment
No bid will he received 10y me unless
the person making same has thereto
fore deposited with me as pledge to
make good his bid in case OF acceptance
the sum % twenty-five thousand
1875 000J dollars I'm money or certified
chez 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
when the property IS struck Off.
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 be credited on the
purchase price In the event that any
bidder shall fail TO make good his bid
upon acceptance by me and Conhrna-
ton by the court or shall fail to COM
ply With any further order OF the court
in regard 20 the payment ~ the balance
~ the purchase price, said deposit shall
he forfeited AS liquidated damages and
shah be applied toward the expense Of
any resale ordered, or toward making
good ans deficiency or loss IN case tho
property at such resale shall bring less
than tho prior sale. or 10 such other
n the seid sale shall not be 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 to time therea fter such
further portions on account Of the pur-
chase price Of said property sold as the
court may direct.
~ tho debt evidenced by receivers
certificates the court has apportlUned s
p Raiuet tho Georgia Terminal Company
'ne sum Of s172273.o0. with interest
thereon ~ 8 pr cen per anrum from
July T. 1918 uuti paid aud such pur-
lions will be paid ont Of the proceeds
arising from his ~al"
Reference is hereby made to the fore
closure decree iu the cause stated Tor
further particulars as fury as II same
were set forth herein
VICTOR LAMAR SMITH
Master Commissioner
Curiier. Young & Pllsbury Of Boston
Slaton & Phillips. of Atlanta.
Complainant's Solicitors; Rosser
& Brandon. OF Atlanta, Defend
ants Solicitors.