Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-03-18
LEGAL NOTICES.

l
| Colquitt and Thomas, in said State, to
the city of ThomasHille. in said Thorn
as County: also extending from the
town low o OF DELLA, IN said Irwin County. in
| said state; running thence in a general
| ~ westwardly direction through the
county Of Irwin to the town of Irwin
Nille. IN said county of Irwin.
SAID railways formerly belonging to
the Atlantic and Birmingham Railroad
Company are subject to the prior lien
or 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
nrst day of January 1894, of which $4,-
0S0 600 par value are now outstanding.
by the supplemental indenture of De-
eember II, 1907, together with all ad-
ditions, extensions and improvements
thereon and thereto, extending from a
mingham line of railroad at point on
said line known as Manchester, in the
county Of kMeriwether, State of Geor-
gia, and running thence In a generally
northwardly direction through the coun-
| ties of Meriwether, 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 la, tb) and (c) supra the lands ex-
| changed on petitions of June 4, 1910, and
March II, 1911, of the receivers.
| cd 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
| menti tools, supplies and personal prop
erty of every kind and description be-
| longing TO the Atlanta, Birmingham
and Atlantic Railroad Company or ac-
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 Ia, (b),
| (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, sdetracks, trestlings,
| bridges, Viaduets, 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 ex-
| supplemental mortgages, and all Of
| such property and things thereafter ac-
| auired 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.
Q) Certain of the equipment con-
veyed by the aforesaid mortgage and
| supplemental mortgages is subject 10
| equipment obligations as follows:
l. Atlanta, Birmingham and Atlantic
| Railroad Company equipment agreement
| to Atlanta and Birmingham Construc-
tion Company and the Trust Company
| of America, trustee, dated May l, 1906,
| securing notes or bonds. total author
| lied issue $1,606 900, drawing interest
at the rate of s per cent per annum,
| payable semi annually on May / and
| November l 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, and S66, 900
| on November l, 1916
Amount of principal outstanding July
| /, 1918, $426, 900
| 2. Atlanta. Birmingham and Atlantic
Railroad Company equipment agreement
Series b, TO Guaranty Trust Company OF
New York, dated July l, 1907, securing
a total authorized issue OF equipment
notes Of the principal amount of $1,720,
| 600, bearing interest at the rate of 5
| per cent per annum, payable semi an
l.
| year, the principal being payable in
| semi-annual instanments of $40, 600
each, payable January ] and July | IN
| each year, beginning January ], 1908,
and ending June /, 1917.
Amount of principal outstanding july
| 1, 1913, $685. 900.
Said property will be sold together.
as a whole, without division into par
| cells
AS part Of the consideration and
! purchase price, and in addition to thu
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 pc
| tition in Intervention or any proof OF
claim has heretofore been filed, which
the court shall hereafter adjudge 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 an
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 will 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 $3.50 0OO) 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 thy
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 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 liquidated damages and shan
be applied toward the expense Of any re
sale ordered or toward making gooC
any deficiency or loss i'm case the prop
erty at such resale shall bring less
than the prior sale, or to such other
purposes as the court shall direct, hut II
the said sale shall not be confirmed the
deposit shall he returned 10 the bidder.
Upon confirmation Of such sale there
shah be paid in cash by the purchaser
and from time TO time thereafter such
further uDrtjOUs on account Of the UlT-