Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-04-08
LEGAL NOTICES.


extending from connection with said
Bessemer-Birmngham line. from a
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
sidetracks. terminal tracks, yards. yard
tracks terminal facilities and all other
property OF every kind or character ap-
purtenant TO the said lines Of railroads,
terminals and terminal facilities.
Oh The tracts or parcels OF land ~
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
o. the premises covered by the Ala
bama Terminal mortgage except those
OF said tracts exchanged for other lands
on petition of the receivers thereof,
verified May Z, 1910
(c) All lines OF railroad, terminal ia
cilities 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
! 7, 1910
cd All personal property Of every
| kind and description belonging to the
Alabama Terminal Railroad Company
or acquired or possessed by the recelv-
! eIS lItituls anu al dHRll tFAdAhFHs
equipments. rights and franchises unto
any OF the property described herein
and IA Paragraphs 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-
seribed. acquired by the Alabama Ter
n4f n fsrfpp IN
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 viii be sold together as
a whole, without division into parcels,
As a part Of the consideration and
purchase price, and I'm 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
prOnertv subject 10 the following
Any unpaid Indebtedness and oblga
tions. which shall have been legally in
Cured or contracted by the receivers In
the operation or on account OF the prop
erty 10 he sold a any time prior to the
discharge of such receivers, other than
receivers certificates
ANY unpaid Indebtedness and liahili-
ties contracted or incurred by the Ala
hama Terminal Railroad Company, prior
10 the appoint Of receivers, with
respect to which n petition in interVen-
tion or any proof of claim has hereto
fore been filed, which the Court shall
hereafter adiudge to be entitled IN
equity 10 payment prior TO the payment
Of the bonds secured by the mortgage
The purchaser shah 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 equip
ment
No bid will be received by me unless
the person making same has thereto
fore deposited with me as q pledge TO
make good his bid I'M case Of acceptance
the sum OF Twenty-Five Thousand 1925
000l Dollars In money or certified check
upon any national bank or trust com
many 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 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
ton nv the court. or shall fail 10 com
ply with any further order of the Court
in regard TO the payment of the balance
Of the purchase price. said deposit shall
he forfeited as lquidated damages and
shall he applied toward the expense a.
any resale ordered, or toward making
good any deficiency or loss I'm case the
property AT such resale shall bring less
than the prior sale. or 10 such Their
purposes a s. the Court shall dlrec hut
In the said sale shall not be confirmed
the deposit shall be returned TO the bid
der.
Upon confirmation Of such sale there
shall he paid I'm cash hy the purchaser
and from time 10 time thereafter such
further portions on account of the pur-
chase price ~ the property sold as the
Court may direct
or the debt evidenced by receivers
certificates the Court has apporti0ned as
against the Alabama Terminal Railroad
Company the sum OF 81 07S $685. co. with
interest thereon at per cent per an
mum from July !. 1918, until 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 IL same
we're set forth herein
VICTOR LAMAR SMITH.
Master Commissioner
CuRRlEN YOUNG PlLLSBURY,
OF Bosom,
sIATON & PHILLIPS. ~ Atlanta;
Complainant's Solicitoro.
ROSSIcR e. BRANDON, Of Atlanta