The Birmingham age-herald., 1916-11-02
LEGAL NOTICES
Mortgage Foreclosure Notice.

LEGAL NOTICES
 Mortgage Foreclosure Notice. De1ault having been made in the pay ment of the indebtedness secured by a mortgage or deed of trust executed by Jagger Creek Fuel company, a corpora- tioh, Charles J. Smith and his wife, Annie J. Smith, Joseph R. Smith, Jr, ana ms wife, Minnie V. Smith. to the undersigned American Trust and Savings pank, as trustee, on the 9th day of August, 1915. said mortgage or deed of trust having been recorded in the office oi ene Judge of probate of Walker county Alabama. in volume 176, page 487, record or mortgages. and also recorded l In the office of the judge of probate of Jefferson county, Alabama, in volume S31, page 2l0, record of mortgages, the un- dersigned American Trust and Savings bank, as trustee, under the powers con- ta1ned in said mortgage or deed of trust, VIII, on Monday. November 6, 1916, dur ing the legal hours of sale. sell at pub Nc auction to the highest bidder for cash in front of the courthouse door in the city of Birmingham, Jefferson county. Alabama, on the Third avenue side, the following described property, to-wit:
 t1rst-All of the company's mineral and n:lnng rights, leases and leasehoid in- terests in, to and upon the following de- | @SNADSo pippcfty 6ltuaIeu In walker county, Alabama viz: The north half of the north half (N F of N1a) of section
 ten Qo), township thirteen q3), range ten Oo), west; the northwest quarter of the northwest quarter (N W. of N w A) or section eleven CID, township thirteen Q3, range ten u0), west; the south naif Of the northeast quarter (S IA of N E 1O of section ten C0, township D thirteen Q3), range ten Q0, west; the southwest nf ho ter tS w A of N W A) of section eleven QD, township thirteen d3>, range ter QO), west; the northeast quarter of the southeast quarter (N E A of F 1l) or section ten Q0), township thirteen Qo), range ten 10), west; the south half (S 10 of section three (3), township thir- teen QS, range ten GO, west, and the north half Of the southwest quarter (N F of s w 14) of section eleven n1). township thirteen Q3), range ten QO), west, excepting the existing right of way 10O feet in width over said lands or any of them for spur tracks of railroads connecting the mines and works Of the company with the Galloway pranch or the St. Louis and San Fran cisco Railroad company
 Second-All other property ownnd bv the company, real, personal or mixed. eorporeai or incorporeai, estates, rights. tltle, reversions or remainders, as well in law as in equity, wheresoeyer situate and whether herein particularly described or not except the existing right of way TOT said spur tracks, and all property and property rights hereafter acquired by the company it being the intention to include herein all property of every sort and nature which the company now owns or which it may hereafter at any time acquire. and wheresoever situated Third-The following described property situated in the city of Birmingham, Jef- ferson county. Alabama. viz: Lots num- ners fourteen and fifteen u4 and 10. in block number eighty-eight (s8), accord ing to the present plan of said city by
 the Elyton Land company. said lots to- gether forming rectangle fronting one hundred (10W feet on the northern line of Second avenue north. and extending
 back northward one hundred forty l4O
 feet to the southern line of Second al-
 ley. said lot IA being subject to the terms of certain party wall agreement re-
 corded in the office of the probate judge
 of Jefferson county. Alabama, in book S22 at page S6 subject. however as to
 all of the property in this paragraph
 third described to the terms and lien Of that certain first mortgage Hereinafter
 called the first mortgase), covering said
 property and certain other property, ex- ecuted and delivered by the nnortgagors
 
 pany under date of May 4, 1915. and re- corded in the office of the probate judge of Jefferson county, Alabama, in book S24 at page 214 securing one hundred thousand (s100, 0,000.c0) dollars of principal evidenced by four notes. three for ten
 thousand C1o.00o.Oo) dollars each. pay
 able on the first days of April. 1917, 191s
 and 1919. respectively. and the fourth for seventy thousand ($70,0Oo00) dollars pay
 able on the first day of April. 1920, all
 bearing interest at the rate Of per cent
 G per cent) per annum. payable semi annually on the first days of April and October in each year until maturity. Fourth-Ail and every their equity or
 the equity of either, or both of them, in and to fifteen hundred Q500} shares of
 the capital stock of the J. R. Smith
 Realty company. heretofore pledged as
 collateral swith Messrs. Otto Marx &
 Company of Birmingham, Alabama, to secure a loan: which shares of stock
 are evidenced by the following described certificates therefor: Certificates number
 Il. 1e. r, 1s, %. 21. g. 24. 2e. p. 2s. 2s. so
 issued to J. R. Smith. Jr. Certificates number 9t, g, B, 34. 35 36. S7, 3S. 39. 70, A. AZ. 4s. A 4s. 4s and 4 issued to
 Charles J. Smith.
 At said sale said property shall be sold in parcels. the property first and second above described to be sold and if the pro- ceeds thereof are insufficient to satisfy
 the indebtedness due. then the property third above described shall be sold, and if the proceeds of all of said properties
 are still insufficient to satisfy the in- debtedness due then the fourth above described shall be sold. The proceeds of said sale to be distributed in accordance with the terms of said deed of trust. AMERICAN TRUST & SAVINGS BANK as Trustee.
 Hamill & Savage, Attorneys.
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