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

Pursuant to the decree Of the District
Court of the United States for me
Northern District Of Alabama in re Oid
Colony Trust Company Trustee, YER
sus Atlanta, Birmingham and Atlantic
Railroad Company ct al, consolidated
cause No. 1898, subtitle Old Colony
Trust Company Trustee, versus Ala-
bama Terminal Railroad Company ct al,
I will sell at public auction to the high
est bidder upon the premises at the
freight station Of the Alabama Terminal
Railroad Company, al Birmingham,
County OF Jefferson. State Of Alabama.
on the 23d day Of April, at o'clock =.
NJ, 1914, the following described prop
erty OF the Alabama Terminal Railroad
Company, to-vit;
(a) Its line Of railroads, tracks sid
ings, spur tracks. yards, yard tracks
depots and stations, extending from, a
point in jefferson County, state Of Ala
bana from a connection with the At
lanta. Birmingham and Atlantic Rail
road Company at Reeders Gap in said
Jefferson County, thence to and through
the city of Bessemer and from thence to
and into the city OF Birmingham, also
extending from a connection with said
Besssmer- Birmingham line, from
point at or near the city of Bessemer.
and extending thence to Bone Gap, in
said jefferson County, State of Ala
bama, together with all depots stations.
sidetracks. terminal tracks, yards, yard
tracks. terminal facilities and all other
property of every kind or character APP
purtenant TO the said lines Of railroads.
terminals and terminal facilities
Oh The tracts or parcels Of land ly-
ing and being in the County Of Jeffer-
son, State of Alabama and more par
ticuarly described in clause first TO one
hundredth. inclusive, of the description
of the premises covered by the Ala
bama Terminal mortgage except those
of said tracts exchanged for other lands
If thereof
verified May Z, 1910.
(c) All lines Of railroad. terminal IA
cilties. lands and other property of ev-
cry description completed, constructed
or otherwise acquired or possessed by
the Alabama Terminal Railroad Com
pany and the receivers thereof since the
execution OF the Alabama Terminal
mortgage. including said lands acquired
by exchange under said petition Of May
Z, 1910
Id All personal property of every
kind and description belonging to the
Alabama Terminal Railroad Company
or acquired or possessed by the recelv-
ers thereof. and all appurtenances,
equipments. rights and franchises unto
any of the property described herein
and in Paragraphs a. and above,
belonging or in any way appertaininB.
and the incomes, tolls. rents issues and
profits thereof, and all things belonging
10 or used or designed for use for or
in connection with any Of said property
branches, including all Of said property
and things above mentioned and de-
scribed, acquired by the Alabama Ter
minal Railroad Company prior 10 the
execution Of the aforesaid mortgage
and all Of such property and things
thereafter acquired and including all
lines Of railroad. lands, personal prop
erty Of every description completed,
constructed or otherwise acquired or
possessed by the receivers thereof
Said property will he sold together "A 8
a whole, without division into parcels.
AS part OF the consideration ana
purchase price and in addition TO the
sum bid the purchaser shall take the
upon the express condition that he or
his successors or asst GINS shall take the
property subject TO the following
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 to be sold, at any time prior 10 the
discharge Of such receivers, other than
receivers certificates
ANY unpaid indebtedness and liabili-
ties contracted or incurred by the Ala
bama Terminal Railroad Company prior
to the appointment Of receivers, with
rrgnCCt TO which "A petition In interVeu-
ton Nor any proof Of claim has hereto
fore been filed. which the Court shall
hereafter adiudge 20 be entitled I'm
equity 20 payment prior 30 the payment
Of tho bonds secured by the mortgage
foreclosed
The purchaser shall also take the
property subject 10 the performance by
him or his successors or assigns " all
pending contracts heretofore lawfully
made BY the receiver Or receivers with
respect 20 the property sold, including
contracts for the purchase Of equip
ment
No bid will be received by me unless
the person making same has thereto
fore deposited With me as a pledge 10
make good his bid in ease Of acceptance
the sum OF twenty I'VE Thousand Ct25-
000J Dollars In money or certified check
upon any national bank or trust com
pdny IN the cities Of Boston, New York
or Atlanta. the deposit received from
any unsuccessml bidder shall be re-
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