Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-03-19
LEGAL NOTICES,

I
| the city OF Thomasville, in said Thorn
| as County; also extending from the
! town OF 0cilla, In said Irwin County, in
said state; running thence in 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 TO the Old Colony Trust Company
as trustee. bearing date January ], 1904,
and securing its first mortgage per
cent gold coupon bonds. payable on the
t1rst day of January, 1894, of which S4,-
090, 600 par value are now outstanding
(cl Main lines Of railroad conveyed
by the supplemental indenture of De-
cember H. 1907, together with all adj
ditions. extensions and improvements
thereon and thereto, extending from
!, connection with the Montezuma- Bir-
mingham line Of railroad at a point on
said line known as Manchester, in tho
county of Meriwether. State of Geor-
gia and running thence in a generally
northwaTdly direction through the coun-
ties of Meriwether, Coweta. Fayette.
Campbell and Fulton to a connection
with the tracks of the Georgia Terminal
Company iii the county of Fulton, State
of Georgia, Near the city of Atlanta.
Excepting from the property described
in ta), OBJ and (c) supra the lands eX
changed on petitions Of June 4, 1910, and
March u, 1871, OF the receivers.
I'D The lines Of railraod completed,
extended and added and other property
constructed and acquired by the Al.
lanta, Birmingham and Atlantic Rail
road Company and the receivers after
the execution of the supplemental mort
gage of December II. 1907, including
the lands received in exchange on the
petitions last above referred to.
(e) All rolling stock and other equip
erty Of every kind and description be-
longing 10 the Atlanta, Birmingham
and Atlantic Railroad Company or ac-
CURED or possessed by the receivers,
and all the appurteuances, equipment,
rights and franchises unto any of the
railroad lines or branch lines of railroad
described in the paragraphs Ia, Oh,
(c), Id, 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, sidetracks. trestlings.
bridges, viaducts, fences, stations, de-
pots, machine shops and all other builG-
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. incud-
ing all OF said property and things
above mentioned and described acquired
by the Atlanta. Birmingham and Allan
tic Railroad Company prior 10 the ex-
ecutlon of the aforesaid mort gage and
supplemental mortgages, and all OF
such property and things thereafter ac-
CURED 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.
0l Certain Of the equipment con-
veyed by the aforesaid mortgage and
supplemental mortgages is subject TO
equipment obligations as follows:
i. atlanta, Birmingham ami Atlantic
Railroad Company equipment agreement
to Atlanta and Birmingham Construc-
ton Company and the Trust Company
of America, trustee, dated May ], 1906,
securing notes or bonds, total author
lied issue 81 COG, 900, drawing interest
al the rate of per cent per annum,
payable semi annually on May ! and
November 1 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 /, 1907.
and ending May l, 1916, and $4,000
on November 1, 1916.
Amount of principal outstand ing July
1, 1913 $4,000.
.. Atlanta. Birmingham and Atlantic
Railroad Company equipment agreement
Series L, to Guaranty Trust Compa OF
New York. dated July ]. 1907. securing
d total authorized Issue of equipment
notes Of the principal amount Of si.720,
600, bearing interest a the rate Of B
per cent per annuW, payable semi an
nually on July and January ], in each
YEAR the principal being payable IN
each, payable January ! and July J m
each year. beginning January l. 1908.
and ending June I, 1917.
Amount Of principal outstanding july
Said property viii he sold together
as a whole. without division into par
GELS.
As a part OF the consideration and
b
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 the
property subject to the following
charges and obligations:
Any unpaid Indebtedness and obllga-
tiuns which shall have been legally in
CURED or contracted by the receivers in
the opera ton 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
lenta, 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 20 bo
entitled in equity to payment prior to
the payment OF. tho bonds occurred Ny
the mortgage 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 BY the receiver or receivers with
respect TO the property sold, including
contracts for the purchase Of equipment.
No bid viii hc received by me unless
the person making same has heretofore
DEPOSITED with mo as pledge to make
good his bid in case Of acceptance the
sum Of fifty thousand ESQ GOD dollars
in money or certified check upon any
national bank or trust company in the
the deposit received from any uusur-
cessful bidder shall be returned when
the property is struck off. In case the
bid should hc executed and the sale
confirmed ami a. successful bidder shull ,
comply with the terms thereof the de-
post SHAH be credited on the purchase
price IN the event that any bidder /
shah fail 10 make good his bid upon ac-
ceptance bv me and confirmation by ne
court, or shall fail 10 comply with any
further order OF the court in regard 10
the payment Of he balance OF the pur-
chase price said deposit shall he for !
feited as lipuidated damages and shall
be applied toward the expense OF any re
sale ordered or toward making gooS Z
any deficiency or loss in ease the prop
erty at suCh resale shall bring less
than the prior sale or 70 such other !
purposes as the court shall direct but II
The said sale shall not he confirmed the
deposit SHAH be returned 10 the bidder
| pen confirmation ~ ouch sale there I
shall be paid iu cash By the purchaser
and from time 30 time thereafter such /
further upriiDug on account Of the pur- I