The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1916-10-26
CITY ORDINANCES
LEGAL NOTICES


pefault having been made in the pay
ment OF the Indebtedness secured by
mortgage or deed OF trust executed BY
| jaeger Creek Fuel company a CORPORA
ton, Charles J. Smith and his wife
Annie J. Smith. Joseph r. Smith, Jr.,
| ana mis- wife, Minnie V. Smith to the
Undersigned American Trust and Savings
| p;ibk' as trustee. on the 9Th day OF
August, 1915. said mortgage or deed OF
uust having been recorded in the office
OF the judge Of probate of Walker
county Alabama, in volume 176. page sss.
record OF mortgages. and also recorded
IN tae office OF the judge OF probate OF
JEFFERSON county, Alabama In volume s31
| page 2lo, record OF mortgages, the I'm
dersisned American Trust and Savings
rahk' as trustee, under the powers con-
/ tained In said mortgage or deed of trust
| will, on Monday. November 6, 1915. dur
ing the legal hours of sale. sell at pub
lie auction to the highest bidder for
cash, IN front of the courthouse door ga
| the city of Birmingham, Jefferson
county. Alabama, on the Third avenue
size the following described property,
First-Al of the company's mineral and
mining rights, leases and leasehold in
| terests in, TO and upon the following de-
scrloed property situated in Walker
county, Alabama, viz: The north half OF
the north half IN u Of Nh OF section
e a WV to"hsnip thirteen (l3), range ten
| uO), west; the northwest quarter Of rho
northwest quarter On VIZ Of n W ~
| or section eleven dD, township thirteen
uS), range ten CO. west: the south
half OF the northeast quarter IS !. of
- "a OF section ten d0). township
thirteen QS), range ten Q0). west. the
southwest quarter of the northwest quar-
yer 70 OF W ~ of section
eleven Old. township thirteen Gs). range
ter l0l, west; the northeast quarter OF
the southeast quarter IN L Il of s r ~
OF section ten 10). township thirteen
uS), range ten d0). west the south half
! % "a or section three 90. township thir-
teen uS), range ten dc), west, and the
| ,prth half of the southwest quarter IN
2f w "a of section eleven al.
, 49,. hip thirteen C3). range ten uo,,
NJ. ,oayceptng the existing right of
| ~, Jet in width over said lands
| rsi,roaaS hem for spur tracks OF
| rsnrrs 80 ,ho Scting the mines and
branch Of The s,Tany with the Galloway
cisco Railroad compS1, s anu San iran
second-All other pft,a-+u
| the company. real. perst,, owneu pg
eorporeal or incorporesl. esl. MET
tltie' reyersions or ren,ainders,S5 we sl :,
law as in equity. wheresoever sit, eu =,
whether herein particularly descrt anu
not except the existing right OF "
! for said spur tracks, and all propeas
| and property rights hereafter acuuire,.
| by the company. ii being the intention to
include herein all property OF every sort
and nature which the company now
owns or which il may hereafter at any
time acquire, and wheresoever situated.
Third-The following described property
| situated in the city of Birmingham, JEFF
ferson county, Alabama, viz: Lots num-
bers fourteen and fifteen GA and 15), in
block number lightweight tss). accord
| ing to the present plan of said city by
the Elyton Land company, said lots to-
gether forming a rectangle fronting one
hundred (100) feet on the northern line
of Second avenue. north, and extending
back northward one hundred forty C40)
| feet to the southern line OF Second al
| ley, said lot IA being subject to the terms
of a certain party wall agreement re-
corded in the Office of the probate Judge
of Jefferson county. Alabama, in book
1872 at page Sc, 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 mortgage), covering said
property and certain other property. ex-
ecuted and delivered by the mortsagors
to the Penn Mutual Life Insurance COM
pany under date OF May 4. 1915 and re-
corded in the office of the probate judge
| of Jefferson county, Alabama, in book
824 at page pa. securing one hundred
thousand $l00, 10000 dollars of principal
evidenced by four notes, three for ten
thousand s10.00ooo) dollars each. pay
able on the first days OF April. 1917. 1915.
and 1918, respectively, and the fourth for
seventy thousand (s7o,o00.0oD dollars pay
| able on the first day of April, 1890, all
bearing interest at the rate Of 6 per cent
C per cent? per annum, payable semi
| annually on the first days of April and
October in each year until maturity.
Fourth-All and every their equity or
the equity of either or both Of them, in
and to fifteen hundred $500 shares. of
| the capital stock of the ]. r. Smith
| Realty company, heretofore pledged as
| collateral with Messrs. Otto Marx &
| Company of Birmingham, Alabama, to
| secure loan; which shares of stock
are evidenced by the following described
certificates therefor: Certificates number
H. &c. II. 10. 20. q. %, "a. 20. q. %. -. 30.
issued to J. r. Smith, Jr. Certificates
number 81, 80, SO. "a. IS, SO. 81, %. 80. 40.
Al, AZ, 43, A 49, 4s and Al issued to
| Charles j. Smith.
| At said sale said property shall be sold
! in parcels, tho property first and second
above described to be sold and IL the pro-
ceeds thereof are insufficient to satisfy
the Indebtedness due. then tho 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 & SAYINGS
! BANK as Trustee.
| Hamill & Savage, Attorneys.
| 10-12-4t-th