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

sald state; running thence in a general
~ westwardly direction through the
county Of Irwin to the town of Irwin
vie. 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
s trustee, bearing date January 1, 1904
| ana securing its first mortgage 5 per
cent gold coupon bonds. payable on the
| 1rst day of January, 1894 Of which S4,-
| G9OOOO par value are now outstanding.
Co Main lines Of railroad conveyed
! by the supplemental indenture of De-
cember H. 1907, together with all ad-
dltions, extensions and improvements
thereon and thereto, extending from a
connection with the Montezums Biz
mingham line of railroad al a 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 Mervether, 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 ta), CD and (c) supra the lands eX-
changed on petitions of June 4, 1910, and
March II, 1911. of the receivers.
td) 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.
te) All rolling stock and other equip
n ent, tools, supplies and personal prop
erty Of every kind and description be-
longing 10 the Atlanta Birmingham
and Atlantic Railroad Company or &C
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 in the paragraphs (a), (b),
(c), (d), above belonging or in any way
appertaining. and the incomes, tolls,
Guiding the roadway and tracks, rails
and roadbeds, sidetracks 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 10 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-
property Of every description completed.
I 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 obligations 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. 1906,
securing notes or bonds, total author
lied issue $l.606,0o0, drawing interest
At the rate Of per cent per annum,
payable semi-annuaIy on May J and
November / in each year, principal he
ing payable in installmnets of $50 600
on the first days OF November and May
in each year, commencing May l. 1907,
and ending May !, 1916, and s66'0oo
Amount Of principal outstanding July
I. 1913 S426 600.
2 Atlanta, Birmingham and Atlantic
Railroad Company equipment agreement
New y ork. dated July !, 1907. securing
total authorized issue Of equipment
notes Of The principal amount of Sl,t2O,-
500, bearing interest al the rate OF
per cent per annum, payable semi an
aually on July ! and January L. in each
year, the principal being payable IN
seniannual installments of sS6 900
each payable January | and July ! in
each year, beginning January !, 1908,
and ending June 1, 1917
Amount Of principal outstanding July
I. 1918, s6SS, 900.
Said property will be sold together,
as a whole, without division into par
GELS
As a 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 his
nv a gi
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, 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 10 which a pc
titiou in intervention or any proof or
| claim has heretofore been filed, which
/ the court shall hereafter adludse 10 be
entitled in equity to payment prior to
| the payment Of the bonds secured by
the mortgage foreclnsed.
The purchaser shall also take the
| property subject to the performance ny
! him or his successors or assigns Of all
pending contracts heretofore lawfully
made by the receiver or receivers with
respect TO tho property sold, including
| contracts for the purchase Of equipment
No bid will be received by me unless
! the person ma king same has heretofore
deposited with me as pledge 10 make
good his bid in case Of acceptance the
sum Of fifty thousand tS50,OJO) dollars
n 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-