Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-03-11
LEGAL NOTICES.

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Amount Of principal outstanding July
l, 1913, S426, 900
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 S1,120,
900, bearing interest at the rate of
per cent per annum, payable semi-an-
nually on July and January /, in each
year. the principal being payable IN
semi-annual installments of $4,000
each, payable January ] and July ! IN
each year, beginning January /. 1908
and ending June L. 1917
Amount Of principal outstanding July
Said property win be sold together,
as whole, without division into par
cells.
AS a part of the consideration and
purchase price, and in addition TO thu
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 ohliga-
tions whicA 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
tue ulScHdTEe OF Sutn RECEIVERS tllti
than receivers certificates
Any unpaid Indebtedness and liabil-
tiles contracted or incurred by the At
lanta, Birmingham and Atlantic Kali
road Company prior to the appointment
of receivers. with respect to which pc
tition in intervention or any proof or
claim has heretofore been filed, which
the court shall hereafter adiudge TO he
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 lawiuliy
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 (S5O.OO0) 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 he executed and the sale
confirmed and a successful bidder shall
comply with the terms thereof, the de-
posit 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
the payment of the balance of the pur-
chase price, said deposit shall be for
feited as liquidated damages and shaH
be applied toward the expense Of any re
sale ordered. or toward making gooC
any deficiency or loss in case the prop
ertY at such resale shall bring less
than the prior sale, or to such other
purposes as the court shall direct, but II
the said sale shall not be confirmed the
deposit shall be returned TO the bidder.
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 apportloned
as against the Atlanta, Birmingham ana
Railroad Company the sum of
SO, S09,121, with interest thereon at
per cent per annum from July l. 1913,
until paid, and such portion viii 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 If same
were set forth herein.
VICTOR LAMAR SMITH.
Master Commissioner.
CURRIER. YOUNG & PILLSBURY,
Of Boston,
& PHILLIPS.
of Atlanta.
Complainants Solicitors
ROSSER e BRANDON,
OF Atlanta,
Galiottors