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

GGONG wv SSGSs
clock p, m, 1914, the following de-
scribed property. to wit:
(a) The line OF railroad about three
miles in length Of the main line extend
ing from point at or near the city of
Atlanta, near Howeiis. in said State OF
ter of the city of Atlanta. together with
yards, depots, grounds, real estate, sta
tions, sidetracks spur tracks, and ter
minai 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,
and more particularly described in
clauses to IS, inclusive, and the para
graph following clause rs, of the de-
scription OF the premises conveyed by
the Georgia Terminal mortgage. except
those of said tracts exchanged on petit
tion of the receivers dated October 4,
1911.
(cl All lines of railroad, terminal facil-
tiles, 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
DetltIOU OF OCTOBER q. ISL
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 paragra phs (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-
e.io Fy.V. fa- IL Is.v, sxrFtN
any of the said property, including all
Of said property and things above mem
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
whole, without division into parcels.
AS 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 obliga-
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 iiabll-
tiles contracted or incurred by the Geor-
gla Terminal Company, prior to the
appointment of receivers. with respect
70 which a petition in Intervention or
any proof Of claim has heretofore been
fled which the court shall hereafter
adiudge to he entitled in equity TO pay
ment prior 10 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 hy the receiver or receivers with
respect to the property sold. including
contracts for the purchase OF equipment
No bid will he 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
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 IL struck on.
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
upon acceptance by me and confrma-
ti0n by 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
be forfeited as liquidated damages and
snail be applied toward tine 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
If 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 10 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, 27300, with interest
thereon al 5 per cent per annum from
July /, 1913, until paid, and such por-
lions will be paid out OF the proceeds
arising from this sale.
Reference is hereby made 10 the fore
closure decree In the cause stated for
further particulars. as fully as IN same
were set forth herein
VICTOR LAMAR SMITH.
Master Commissioner
Currier. Young g. pillsbury, Of Boston;
Slaton a. Phillips, OF Atlanta,
Complainants Solicitors. Rosser
g. Brandon. Of Atlanta, Defend
ants Solicitors.