Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-03-18
LEGAL NOTICES.


the city of ThomasYille, in said Thorn
as County. also extending from the
town of Ocilla, in said Irwin County, in
said State; running thence in a general
ly westwardly direction through the
county of Irwin to the town of Irwin
vile, in said county of Irwin.
said railways formerly belonging TO
the Atlantic and Birmingham Railroad
Company are subject to the prior lien
of the first mortgage executed by the
Atlantic and Birmingham Railway Com
pany TO the Old Colony Trust Company
as trustee, bearing date January /, 1904,
and securing its first mortgage 5 per
cent gold coupon bonds, payable on the
nrst day of January, 1884, of which $4,-
V90 1000 par value are now outstanding.
(c) Main lines of railroad conveyed
by the supplemental indenture of De-
eember II, 1907, together with all ad-
ditlons. extensions and improvements
thereon and thereto. extending from a
connection with the Montezuma- Br-
mingham line OF railroad at point on
said line known as Manchester, in the
county OF sMeriwether, State of Geor~
gia, and running thence In a generally
northwardly direction through the coun-
ties of Meriwether, Coweta, Fayette.
Campbell and Fulton to q 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 (a), (b) and (c) supra the lands eX-
changed on petitions of June 4, 1910, and
March II, 1911, of the receivers.
I'D The lines of railraod completed,
extended and added and other property
constructed and acquired by the At
ianta, Birmingham and Atlantic Rail
road Company and the receivers after
the execution of the supplemental mort
gage of December II, 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-
CURED or possessed by the receivers,
and all the appurtenances. equipment,
rights and franchises unto any Of the
railroad lines or branch lines Of railroad
described in the paragraphs (a), (b),
(e), I'd, above belonging or in any way
appertainng, and the incomes, tolls.
rents, issues and profits thereof, in
Guiding the roadwas and tracks, rails
and roadbeds, sideti .cks. trestlings,
bridges, viaducts, fences, stations, de-
pots, machine shops anasall other build
lngs and structures and j other things
belonging to or used or designed Tor 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 prior 10 the ex-
ecution Of the aforesaid mortgage and
supplemental mortgages, and all Of
such property and things thereafter ac-
CURED and including all lines of rail-
road, lands, personal property and
property of every description completed,
constructed and othe wise acquired or
possessed by the receit RS.
(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 COG 900, drawing interest
at the rate of per cent per annum.
payable semi annually on May l and
November in each year, principal be-
ing payable in installmnets of $50, 900
on the first days of November and May
in each year, commencing May /, 1907
and ending May l, 1915, and $4,000
on November l, 1916.
Amount Of principal outstanding July
2. Atlanta, Birmingham and Atlantic
Railroad Company equipment agreement
Series b, to Guaranty Trust Company OF
New York, dated July /, 1907. securing
total authorized issue OF equipment
notes Of the principal amount of $1,72O,
900, bearing interest a. the rate Of 5
per cent per annum, payable semi
nually on July ! and January /, in each
year. the principal being payable in
semianuual instalments of $50 600
each, payable January / and July l in
each year. beginning January /, 1908,
and ending June l. 1917.
Amount Of principal outstanding July
1, 1913, S6SS, 900.
Said property will be sold together,
as whole, without division into par
GELS.
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 obliga
tons 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 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 pc
tition in intervention or any proof OF
the court shall hereafter ad1udge to be
entitled in equity to payment prior 10
the payment of the bonds secured by
the mortgage toreclosed.
The purchaser shall also take the
property subject to the performance by
him or his successors or assigns OF an
pending contracts heretofore lawfully
made by the receiver or receivers with
respect to the property sold, including
contracts for the purchase or 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 fifty thousand ($50J00) 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 ting
bid should be executed and the sale
confirmed and a successful bidder shall
comply with the terms thereof, tho de-
post shall be credited on the purchase
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 shall
be applied toward the expense Of any re
sale ordered. or toward making gooH
any deficiency or loss in case the prop
erty al such resale shall bring less
than the prior sale, or to such other
purposes as the court shall direct, but IL
The said sale shall not be confirmed the
deposit shall he returned to the bidder.
Upon confirmation Of such sale there
shall be paid in cash by the purchaser
and from time 10 time thereafter such
further portions on account Of the pur-