Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-03-26
LEGAL NOTICES.


semi annual fnstaliments OF $50, COO
each payable January l and July ! In
each year. beginning January !, 1908,
and ending June |, 1917.
Amount Of principal outstanding July
said property win be sold together,
as whole, without division into par
cells.
As part Of the consideration and
purchase price, and In 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
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 prop
erty to 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 At
lanta. Birmingham and Atlantic Rail-
road Company prior to the appointment
OF receivers, with respect to which a Pc
tition in Intervention or any proof OF
claim has heretofore been filed, which
the court shall hereafter adjudge to be
entitled in equity to payment prior to
the payment OF the bonds secured by
the mortgage foreclosed.
The purchaser shall also take the
| property. subject to the performance by
| nm 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 q pledge to make
good his bid in case Of acceptance the
sum OF fifty thousand ($50000) 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-
cessful bidder shall be returned when
the property is struck off. In case ting
bid should be executed and the sale
comply with the terms thereof, the de-
post shall be credited on the purchase
price. In the event that any bidder
shall fail TO make good hts bid upon ac-
ceptance by me and confirmation by the
court. or shall fail to comply with any
the payment of the balance of the pur-
chase price. said deposit shall be for
feited as liquidated damages and shall
be applied toward the expense Of any re,
sale ordered, or toward making goos
any deficiency or loss in case the prop
erty AT such resale shall bring less
than the prior sale, or to such other
purposes as the court shall direct, but II
lle SAID sale snail not be cOnDrmed the
deposit shall be returned to the bidder.
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.
OF the debt evidenced by receivers
certificates the court has apportioned
as against the Atlanta, Birmingham and
Atlantic Railroad Company the sum Of
$685. 21, with interest thereon at s.
per cent per annum from July /, 1918,
until paid, and such portion VIII 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.
CURRIER, YOUNG & PILLSBURY,
OF Boston;
SLATON g. PHILLIPS,
of Atlanta,
Complainants Solicitors.
ROSSER & BRANDON,
OF Atlanta,
Defendants Solicitors.