Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-04-03
LEGAL. NOTICES.

prior to the execution Of the aforesaid
mortgage, and ali of such property and
things thereafter acquired, and including
all lines of railroad, lands, personal
property and property OF every descrip-
ton completed, constructed or otherwise
acquired or possessed by the receivers
herein
Said property Will be sold together as
a whole, without division into parcels.
AS a part Of the consideration and
purchase price Of the property, and in
addition to the sum bid. the purchaser
shall take the same and receive the
deed therefor upon the express condi-
ton that he or his successors or assign
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
property hereby directed to be sold at
any time prior to the discharge of such
receivers, other than receivers certi-
ticates.
ANY unpaid indebtedness and liabil-
tiles contracted or incurred by the Geor-
gia Terminal Company. prior to the
appointment Of receivers with respect
20 which a petition in intervention or
any proof Of claim has heretofore been
filed. which the court shall hereafter
ddiudge to be entitled in equity to pay
ment 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 lawfully
made by the receiver or receivers with
respect to the property sold, including
contracts for the purchase Of equipment.
No bid viii be received by me unless
| 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
! q .J11f e., ~ a.VAfF4 al
| check 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
returned when the property IL 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 COnirma-
ton by the court, or shall fail to com
ply 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
shat be applied toward the expense Of
any resale ordered. or toward making
good any deficiency or loss in case the
property a such resale shall bring less
than the prior sale, or to such other
purposes as the court shall direct, but
if 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 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 apportioned as
gainst the Georgia Terminal Company
the sum Of $112,27200, with interest
/ thereon a per cent per aunum from
| July T. 1913 until paid, and such por-
| lions viii be paid out of the proceeds
arising from this sale.
I 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 LAM Az SMITH.
Master Commissioners.
( Currier Young & riilsbury, Of Boston,
+ Slatou & Philips Of Atlanta,
Complainant Solicitors. Eosser
& Brandon, Of Atlanta, Defend
ants Solicitors