Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-04-03
LEGAL NOTICES.

/ securing notes or bonds, total author
lied issue 81 COS 600. drawing interest
at the rate Of 5 per cent per annum,
payable semi-annually on May / and
November I 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 I. 1915, aud $66,000
| on November I, 1915
Amount OF principal outstanding July
!, 1913. $426. 600
g. Atlanta. Birmingham and Atlantic
| Railroad Company equipment agreement
Series h, to Guaranty Trust Company OF
New York. dated July ! 1907, securing
total authorized issue Of equipment
/ notes Of the principal amount of $1,720,
| 600, bearing interest at the rate Of .
per cent per annum, payable semi-an-
uually on July I and January /, in each
year, the principal being payable In
semi-annual mstallments Of SS6 900
each paNable January | and July I I'm
each year, beginning January I, 1908,
and ending June l, 1917.
Amount Of principal outstanding July
I, 1918, S6SS, 00c
Said property will be sold together.
as 4 whole, without division into par
cells
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
| successors or assigns 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 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 to which a pc
tlton in Intervention or any proof Of
claim has heretofore been filed, which
the court shall hereafter adiudge to be
entitled in equity to payment prior to
the payment 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 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 be received by me unless
the person making same has heretofore
deposited with me as a pledge to make
good his bid in case of acceptance the
sum of fifty thousand (S50.0j0l 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-
eessful bidder shall be returned when
the property Is struck off. In case thS
bid should be executed and the sale
confirmed and 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 ac-
ceptance by me and confirmation by the
court or shall fail to comply with any
further order OF the court In regard To-
the payment of the balance Of the pur
chase price, said deposit shall be for
feited as hquiaated damages and shall
be applied toward the expense Of any re
sale ordered. or toward making goOS
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 if
the said sale shall not be confirmed the
deposit shall he returned to the bidder
Upon confirmation Of such sale there
shall be 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.
OF the debt evidenced by receivers
certificates the court bias apportioned
as against the Atlanta. Birmingham ana
Atlantic Railroad Company the sum Of
50. S09l21, with interest thereon at )
per cent per annum from July l, 1913.
until paid, and such portion win be paid
out of the proceeds arising from this
sale,
Reference is hereby made to the fore
closure decree in the cause stated for
| further particulars as fully as II same
We're set forth herein
VICTOR LAMAR SMITH
Master Commissioner
| CURRIER. YOUNG & PILLSBURY,
Of Boston,
SLATON e PHILLIPS,
of Atlanta,
Compartments Solicitors.
ROSSER & BRANDON,
Of Atlanta.
Defendants Solicitors.
Gu, uts uallt 10 we uegiee OF me Jlstrlct
Sonft 81 NE ! nlted states for the
NorthTn District Of Georgia in re Old
CoiohN Irlsi Company, trustee versus
Atlanta, Birmingham ana Atlantic RAT
Ioap company el az, consolidated cause
no. L4'7' suptltle pld Colohy trust Com
pahy. trustee versus Georgia terminal
company e. al l WIZ sen az publlc auc-
'loH' 10 lue Hlgnest plddeT, upon the
premises, AZ tNe IIelshI 9tdlloh OF tne
georgia criminal Company at Atlanta:
N me county OF tuitoh ana STATE Of
georgia on the ia DAY OF AprlL at
o clock p M. 1914, the following de-
scTlpeQ property, 10 VII
ta) me me OF rallrodd ABOUT three
mics In length OF tHe main llue extend
ing from point al or near the city OF
Auantd' near movers IN SAID STATE or
Georgia, TO a point az or near the cen
yer on me city o. Atlahla, together with
YARDS, depots, grounds, real estate. sta
ilons, sldelrdcks, spur tracks, and ter
mlnal iaclntles ana constituting an en-
trance TO ne CITY OF Atlanta, and ter
inlhai Iaciltles necessary IN ana near