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


the city Of Thomasville. in said Thorn
as County; also extending from the
town Of Ocilla, in said Irwin County, in
said state; running thence in a general
ly westwardly direction through the
county of Irwin to the town of Irwin
vile, in said county of Irwin.
Said railways formerly belonging TO
the Atlantic and Birmingham Railroad
Company are subject to the prior lien
of the first mortgage executed by the
Atlantic and Birmingham Railway Com
pany 20 the Old Colony Trust Company
as trustee, bearing date January /, 1904
and securing its first mortgage 8 per
cent gold coupon bonds, payable on the
first day of January 1884, of which S4,-
900 par value are now outstanding
Co Main lines Of railroad conveyed
by the supplemental indenture of De-
cember II. 1907, together with all adj
thereon and thereto, extending from
connection with the. Montezuma- Br-
Hihshdn line OF railroad at point on
said line known as Manchester, In the
county of Meriwether, State of Geor-
gia, and running thence in a generally
northwardly direction through the coun-
ties Of Meriwether, Coweta, Fayette,
Campbell and Fulton to a connection
with the tracks of the Georgia Terminal
Company In the county of Fulton, State
of Georgia, near the city of Atlanta
Excepting from the property described
in (a), OBJ and (c) supra the lands eX-
CHdHseu on peLllOHS OF June 2, lSlU, ana
March H. 1911, of the receivers.
I'D The lines of railraod completed,
extended and added and other property
constructed and acquired by the At
lanta, Birmingham and Atlantic Rail-
road Company and the receivers after
the execution of the supplemental mort
gage of December H. 1907. including
the lands received in exchange ON the
petitions last above referred to.
(e) All rolling stock and other equip
mt am Itng n nd oil gArG
erty Of every kind and description be-
longing TO the Atlanta, Birmingham
and Atlantic Railroad Company or ac-
quired or possessed by the receivers,
and all the appurtenances, equipment,
rights and franchises unto any Of the
railroad lines or branch lines Of railroad
described i'm the paragraphs Ia, 3D.
tc), I'D, above belonging or in any way
appertaining and the incomes. tolls,
rents issues and profits thereof, in
GLIDING the roadway and tracks. rails
and roadbeds, sdetracks, trestlings,
bridges, viaducts, fences, stations, de-
pots, machine shops and all other build
ings and structures and all other things
belonging to or used or designed for use
for or in connection with any of said
lines Of railroad or branches. includ-
ing all of said property and things
a boVe mentioned and described acquired
by the Atlanta, Birmingham and Allan
tic Railroad Company prior 10 the ex-
ecutlon of the aforesaid mortgage and
supplemental mortgages, and all of
such property and things thereafter ac-
quired and including all lines of rail-
road lands, personal property and
property of every description completed,
constructed and otherwise acquired or
possessed by the receivers.
~ Certain of the equipment con-
veyed by the aforesaid mortgage and
supplemental mortgages is subject to
equipment obligations as follows:
/. Atlanta, Birmingham and Atlantic
Railroad Company equipment agreement
to Atlanta and Birmingham Construc-
ton Company and the Trust Company
of America, trustee, dated May l. 1905.
securing notes or bonds. total author
lied issue 81 sos 600, drawing interest
at the rate Of 5 per cent per annum,
payable semi-annually on May l and
November in each year. principal be-
ing payable in installmnets of $50, 900
on the first days of November and May
in each year commencing May J. 1907,
and ending May /, 1916. and $4,000
on November l, 1916,
Amount of principal outstanding July
/, 1913, $426, 900.
2. Atlanta, Birmingham and Atlantic
Railroad Company equipment agreement
Series b, to Guaranty Trust Company Of
New York. dated July I, 1907. securing
total authorized issue OF equipment
notes Of the principal amount Of S1,72O,-
900, bearing interest a the rate Of .
per cent per annum, payable semi an
nually on July ! and January L. in each
year the principal being payable in
semi-annual installments Of $4,000
each, payable January and July ] in
each year. beginning January /, 1908,
and ending June |. 1917.
Amount Of principal outstanding July
/, 1913, $6SS 900
Said property will he sold together,
as whole. without division into par
GELS.
As a part of the consideration and
purchase price. and in addition to ths
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 nave been legally IN
CURED or contracted by the receivers IN
the operation or on account Of the prop
erty to be sold. al any time prior TO
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 pc
titiOn in Intervention or any proof 81
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 ny
the mortgage foreclOsed.
The purchaser shall also take the
property subject to the performance by
him or his successors or assigns OF an
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 he 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 Ol0D dollars
In money or certified check upon any