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

Georgia, on the ed day OF April. at
o'clock p. m, 1914, the following de-
scrihed property, to wit:
Ia The line of railroad about three
miles in length OF the main line extend
ing from a point at or near the city of
Atlanta. near Hewels. In said state of
Georgia, to a point at or near the CEN
ter of the city OF Atlanta. together with
yards, depots, grounds, real estate, sta
tions, sidetracks. spur tracks, and ter
minal facilities and constituting an en-
trance to the city of Atlanta, and ter
minal facilities necessary in and near
the city of Atlanta.
(b) The tracts or parcels OF land lying
and being in the State of Georgia,
County OF Fulton and city of Atlanta,
and more particularly described in
clauses / to rs, inclusive, and the para
graph following clause Is, OF the de-
scription Of the premises conveyed by
the Georgia Terminal mortgage, except
those of said tracts exchanged on petit
ton of the receivers dated October 4,
1911.
(c) All lines of railroad. terminal facil-
titles, land and other property of every
description completed, constructed or
otherwise acquired or possessed by the
Georgia Terminal Company and the re-
ceivers since the execution of the Geor-
gia Terminal mortgage. including said
lands acquired by exchange under said
petition of October 4, 1911.
I'D All personal property of every kind
and description belonging TO the said
Georgia Terminal Company, or acquired
or possessed by the receivers, and all
the appurtenances, equipments, rights
and franchises unto any of the property
described herein and in paragraphs (a),
tb) and Co above, belonging, or in any
way appertaining and the income, tolls,
rents. issues and profits thereof and
all things belonging to or used or de-
signed for use for or in connection with
any Of the said property, including all
Of said property and things above men
toned and described. acquired by the
defendant, Georgia Terminal 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
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 assigns
shall take the property subject to the
following charges and obligations:
Any unpaid Indebtedness and obllga-
tions which shall have been legally in
Cured or contracted by the receivers
in the operation or on account Of the
property hereby directed to be sold at
any time prior to the discharge Of such
receivers, other than receivers certi-
ficates.
Any unpaid Indebtedness and liabll-
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
Adiudge to be entitled in equity to pay
ment prior to the payment Of The bonds
secured by the mort gage 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 will be received by me unless
the person making same has thereto
fore deposited with me as pledge to
make good his bid IN case OF acceptance
the sum OF twenty-five thousand
1895. 000) dollars IN money or certified
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 Is struck of.
In case the bid Should be executed and
tho sale confirmed and successful bid
der shall comply with the terms there
of, the deposit shall be credited on the
bidder shall fail to make good his bid
upon acceptance by me and confirma
ton by the court or shall fail 10 com
ply with any further order Of the court
in regard 70 the payment Of the balance
OF the purchase price, said deposit shall
be forfeited as liquidated damages and
shah be applied toward tho 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
purposes as the court shall direct, but
II the said sale shall not be confirmed
the deposit shall be returned TO the bid
der.
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
or the debt evidenced by receivers |
certificates the court has apportioned as
against the Georgia Terminal Company
the sum Of Sll2,273.00. with interest |
thereon at per cent per annum from |
July !, 1913, until paid, and such por- |
tiOns will be paid out OF the proceeds !
arising from this sale.
Reference IL hereby made 10 the fore
closure decree In the cause stated for |
further particulars. as fully as II same |
we're set forth herein.
VICTOR LAMAR SMITH,
Master Commissioner /
Currior Young & Pnlsbury, Of Boston; |
Slaton e. Phillips. Of Atlanta, |
Complainants Solicitors, Rosser |
& Brandon, Of Atlanta Defend |
ants Solicitors,