Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-03-25
Legal. NOTICES.

serni-annual InslallmeTits Of $50. 900
each, payable January ! and July ! In
each year beginning January |, 1908
and ending June /. 1917.
Amount Of principal outstanding July
1, 1913. s6SS.000.
Said property will be sold together,
AS a whole. without division into par
cells.
As a part Of the consideration and
purchase price, and in addition to the
sum bid, the purchaser shall take the
same aud receive the deed therefor upon
the express condition that he or his
successors Or assigns shall TAKE sa. The
charges and obligations:
Any unpaid Indebtedness and obliga-
tons which shall have been legally in
CURED or contracted by the receivers in
the operation or on account OF the prop
erty 20 be sold, at any time prior 10
the discharge OF such receivers, other
than receivers certificates.
Any unpaid Indebtedness and liabil-
tiles contracted or incurred by the Att
lanta, Birmingham and Atlantic Rail-
road Company prior to the appointment
Of receivers, with respect to which Pc
tition in Intervention or any proof of
claim has heretofore been filed, which
the court shall hereafter adjudge to be
entitled ia equity to payment prior to
the payment OF the bonds secured by
the mortgage foreclosed.
The purchaser shah also take the
property subject 10 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 heretofore
deposited with me as a pledge to make
good his bid in case Of acceptance the
sum of fifty thousand $3.50 000) 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-
cessfui bidder shall be returned when
the property Is struck off. In case the
bid should be executed and the sale
confirmed and a successful bidder shall
comply with the terms thereof, the de-
p0sit shall be credited on the purchase
price. N the event that any bidder
shall fail to make good his bid upon ae-
ceptance by me and confirmation by the
court, or shah 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 shah be for
feited AZ iiquidated damages and shall
be applied toward the expense OF any re-
sale ordered, or toward making goo@
any deficiency or loss In case the prop
erty at such resale~ han bring less
purposes as the court shall direct, but IL
the said sale shall not be confirmed the
deposit shall be returned 10 the bidder.
Upon confirmation Of such sale there
shah 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 direcr.
or the debt evidenced by receivers
certificates the court has apportioned
as against the Atlanta. Birmingham and
Atlantic Railroad Company the sum OF
SS,S09,t21, with interest thereon ait S
per cent per annum from July ], 1918,
until paid, and such portion win 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
were set forth herein
VICTOR LAMAR SMITH,
Master Commissioner.
CURRTER, YOUNG & PILLSBURY,
OF Boston;
SLATON a. PHILLIPS.
Of Atlanta,
Coniplainant's Solicitors.
ROSSER g. BRANDON,
OF Atlanta,
Defendants Solicitors.