Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-04-09
LEGAL NOTICES.

extending from connection with said
Bessemer- Birmingham line, from
point at or near the city OF Bessemer,
and extending thence to Bone Gap, in
said Jefferson County. State of Ala
bama, together with all depots, stations,
sdetracks, terminal tracks, yards. yard
tracks. terminal facilities and all other
property Of every kind or character APP
purtenapt to the said lines OF railroads,
terminals and terminal facilities.
(b) The tracts or parcels Of land ly-
ing and being In the County Of Jeffer-
son, State Of Alabama and more par
ticularly described in clause first to one
hundredth, inclusive, of the description
bama Terminal mortgage, except those
Of said tracts exchanged for other lands
on petition of the receivers thereof,
verified May 7, 1910
tc) All lines Of railroad, terminal ia
cllities. lands and other property OF ev-
cry description completed. constructed
or otherwise acquired or possessed by
the Alabama Terminal Railroad Com
pany and the receivers thereof since the
execution of the Alabama Terminal
mortgage, including said lands acquired
by exchange under said petition Of May
Z, 1910
(d) All personal property Of every
kind and description belonging TO the
Alabama Terminal Railroad Company
or acquired or possessed by the receiy-
ers thereof. and all appurtenances,
equipments, rights and franchises unto
any OF the property described herein
and IN Para graphs a, and above,
belonging or in any way appertaining,
and the Incomes, tolls. rents issues and
profits thereof, and all things belonging
TO or used or designed for use for or
in connection with any Of said property
branches, including all OF said property
and things above mentioned and de-
gcribed, acquired by the Alabama Ter
minal Railroad 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 prop
erty Of every description completed,
constructed or otherwise acquired or
possessed by the receivers thereof.
Said property will be sold together as
a whole, without division into parcels
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 10 the
discharge Of such receivers, other than
receivers certificates.
Any unpaid indebtedness and liabili-
ties contracted or incurred by the Ala
bama Terminal Railroad Company, prior
to the appointment Of receivers with
respect TO which petition IN interview
ton or any proof Of claim has hereto
fore been filed. which the Court shall
hereafter ad1udge TO be entitled IN
equity to payment prior to the payment
OF the bonds secured by the mortgage
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 10 the property sold, Including
contracts for the purchase Of equip
ment.
the person making same has thereto
fore deposited with me as a pledge to
make good his bid IN case OF acceptance
the sum OF twenty-five Thousand (y25,-
00O) Dollars in money or certihed check
upon any national bank or trust COM
pany In the cities OF Boston, New York
or Atlanta the deposit received from
any unsuccessful bidder shall be re-
turned 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 conhrma-
tion by the Court, or shall fall 10 COM
Div 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 be applied toward the expense OF
any resale ordered, or 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
ptrposes as the Court shall direct but
II the said sale shall not be confirmed
the deposit shall be returned to the bid
der
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 the property sold as the
Court may direct.
OF the debt evidenced by receivers
certificates the Court has apportoned a
against the Ala bama Terminal Railroad
Company the sum Of S1.07S. $4,000. with
interest thereon at per cent per an
mum from July I. 1918, untu paid and
such portion will be 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 II same
were set forth herein.
VICTOR LAMAR SMITH.
Master Commissioner
CURRIER, YOUNG & PILLsBURY,
SLATON & PHILLIPS, of Atlanta
Compliments Solicitors.
ROSSER & BRANDON. Of Atlanta
neFandanfHa Znltnifnra