Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-04-15
LEGAL NOTICES.

town of Oclla, in said Irwin County. in
said State; running thence In a general
~ 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 10 the Old Colony Trust Company
as trustee, bearing date January /, 1904.
and securing its first mortgage per
cent gold coupon bonds payable on the
first day Of January, 1884, of which S4,-
100000 par value are now outstanding.
(c) Main lines of railroad conveyed
by the supplemental indenture of De-
cember IL 1907, together with all ad
thereon and thereto, extending from a
connection with the Montezuma Bir-
mingham line of railroad at a point on
said line known as Manchester. in the
county of Meriwether. State of Geor-
gia. and running thence In a generally
ECrthwardly direction through the Coun-
ties Of Merwether, Coweta, Fayette,
Campbell and Fulton to a connection
with the tracks of the Georgia Terminal
Company i'm the county Of Fulton, STATE
of Georgia. near the city of Atlanta.
Excepting from the property described
in ta), 90 and (c) supra the lands eX-
changed Oh petitions of June 4, 1910, and
March !. 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
ga ge of December II. 1907, including
the lands received in exchange on the
petitions last above referred to.
(e) All rolling stock and other equip
ment, tools, supplies and personal prop
erty Of every kind and description be-
longing to the Atlanta, Birmingham
and Atlantic Railroad Company or &C
qured 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 in the paragraphs ca, Cb),
tc), I'D, above belonging or in any way
appertaining. and the incomes, tolls
rents issues and profits thereof in
Guiding the roadway and tracks, rails
and roadbeds, sidetracks, trestlings
bridges Viaducts, fences, stations, de-
pots, machine shops and'al other build
ings and structures and ali 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
above mentioned and described acquired
by the Atlanta Birmingham and Allan
tic Railroad Company prior TO the ex-
ecution Of the aforesaid mortgage and
supplemental mortgages, and all OF
such property and things thereafter &C
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.
81 Certain Of the equipment con-
veYed by the aforesaid mortgage and
supplemental mortgages Is subject to
equipment obligations as follows:
J. Atlanta, Birmingham and Atlantic
Railroad Company equipment agreement
TO Atlanta and Birmingham Construc-
fE,rr nv ha T-aTC ON ma
of America, trustee. dated May /, 1906,
securing notes or bonds, total author
lied issue $1.606,0O0, drawing interest
at the rate of per cent per annum,
payable semi annually on May and
November l in each year. principal be
ing payable in instalmnets OF S60,OVO
on the first DAYS Of November and May
in each year, commencing May !, 1907
and ending May !, 1915, and $4,000
Amount Of principal outstanding July
I. 1913, $426, 900.
2 Atlanta. Birmingham and Atlantic
Railroad Company equipment agreement
Series B. to Guaranty Trust Company OF
New York. dated July /, 1907 securing
a total authorized issue OF equipment
notes OF the principal amount Of Sl,tZU,-
600, bearing interest at the rate OF o
uer cent per annum, payable semi an 70
nually on July ! and January l, in each
year the principal being payable in
seniannual instalments Of 5000
EACH payable January l and July ! IN
each year. beginning January l. 1908,
and ending June 1, 1917
Amount Of principal outstanding July
I, 1918, S6SS 900.
said property will be sold together,
a. a 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 bis
successors or assigns shall take the
property subject to the following
charges and ohliga atoms:
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 to be sold, a any time prior TO
the discharge OF such receivers, other
than receivers certificates.
ANY unpaid Indebtedness and liza bill
tiles contracted or incurred by the At
lanta, Birmingham and Atlantic Kali
road Company prior to the appointment
! Of receivers with respect to which pc
titiou in Intervention or any proof OF
claim has heretofore been filed, which
the court shall hereafter adjudge 10 be
entitled in equity TO payment prior 10
| the paYmeuI Of the bonds secured by
the mortgage foreclosed.
The purchaser shall also take the
property subject to the performance by
| him or his successors or assigns of aH
pending contracts heretofore lawfully
made by the receiver or receivers with
respect 10 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 pledge TO make
good his bid In case of acceptance the
sum OF fifty thousand ($50000) dollars
i'm money or certified check upon any
national bank or trust company IN the
I 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 ths
bid should he executed and the sale
confirmed and a successful bidder shall
comply with the terms thereof, the de-
post shall be credited on the purchase
price IN the event that any bidder
shall fail 10 make good his bid upon &C
ceptanCe by me and confirmation by me
court. or shall fail to comply with any
further order Of the court In regard 70
the payment " 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 goo0
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
The said sale shall not be confirmed the
deposit shall be returned To the bidder,
Upon confirmation Of such sale there
shah he 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 Atlanta. Birmingham ana
Atlantic Railroad Company the sum Of