Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-04-08
LEGAL NOTICES


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), (b) and (c) supra the lands ex
changed on petitions of June 4, 1910, and
March II, 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 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 ac-
ouired 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 (a), (b),
(c), 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, sidetraeks, 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
above mentioned and described acquired
by the Atlanta. Birmingham and Allan
tic Railroad Company prior TO the eN-
eCution of the aforesaid mortgage and
supplemental mortgages, and all Of
such property and things thereafter ac-
uuired atfu including all lines Of rail-
road lands, personal property and
property of every description completed,
constructed and otherwise acquired or
| possessed by the receivers.
90 Certain of the equipment con-
veyed by the aforesaid mortgage and
supplemental mortgages Is subject to
equipment obliga tons as follows:
l. 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 81 900, drawing interest
! at the rate of per cent per annum,
payable semi annually on May l and
! November in each year principal be-
| ing payable in installmnets of $50 600
| on the first days of November and May
| i'm each year, commencing May l. 1907,
and ending May I, 1915, and $66,OOO
! on November 1, 1916.
Amount of principal outstanding July
| 1. 1918. $42e 900.
9. Atlanta Birmingham and Atlantic
Railroad Company equipment agreement
! Series b. to Guaranty Trust Company or
New York dated July /, 1907. securing
total authorized issue of equipment
notes Of the principal amount OF Sl,I2O, =
900, bearing interest at the rate OF 0
per cent per annum, payable semi an =
nually on July I and January /, in each
year, the principal being payable u
semi-annual installments of $4,000
each, payable January l and July l IN
each year, beginning January /, 1905
and ending June |, 1917. -.
Amount of principal outstanding July
said property will be sold together.
as a whole, without division into par
cells.
As a part Of the consideration and
purchase price, and in addition to tbs
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 IKE th :.
property subject to the following
charges and obligations:
Any unpaid Indebtedness and obllga-
lions 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, al 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-
/ TOHO company pflor 10 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 shah hereafter adjudge to be
! entitled in equity to payment prior ia
| the payment of the bonds secured by
/ the mortgage foreclosed.
The purchaser shall also take the
J 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 win be received by me unless
the person making same has heretofore
deposited with me as pledge no make
good his bid In case of acceptance the
sum of fifty thousand (S50,O00) 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 thS
bid should be 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 to make good his bid upon &C
ceptance by me and confirmation by the
court, or shall fail to comply with any
further order Of the court In regard to