January 4, 1923 NOTICE OF PUBLIC SALE 1. LVed. 'I nomas an i Wif t'> De"(h Mo':v/ ur. Lu:it >o) j I vv.; any, apm? \ima9.h* 1 ? .1 a ro: . May 1 J,1920. ar?l rc ^stv *; d I in *h~ Itegi. r\- o;bc? f V. - - -.m C'j .m; i;i br.-jK No. ??l feeds. j papc 217. I'm .!. "\v. i,oii u ;.iv.:*o a J , n<*h Mo .. . ' Lumber t or X"-y. ,':ppr \ it. i c v 22 arrs n.:d i*c r. .If, da r . April J.l.i'Jl", and re; t ?1 in i;*J It^iri^ir*'s d'b e, \i in ft? I Mo. : >i d !- pat"- 2 17 ; j 3. Deed, J. C. J'rc.snell and wife to Beach Mountain Lumber Company. approximately five aeres. dated March 12,1919, and registered in said Register's office, in Book No. 22 of deeds, page 308; 1. Deed. Lee Presnell and wife to Beach Mountain Lumber C'omnanv :in:?povii?:>li.lv *11 'ixroc * ... " wcvvv* I April 27, 11)20. and registered in said Register's office, in Book No. 26 of deeds, page 220; 5. Deed, J. B. Phillips and wife to Beach Mountain Lumber Company, and undivided half interest in approximately eleven acres, dated September 29, 1910. and registered ir. ^id Register's office. Book No. 24 of deeds, page 166: 6. Deed. A. D. Reynolds and wife to Boone Fork Lumber Company, .approximately four hundred eighteen (US) acres, dated Feb jrary 2, 1920, and registered in said Register's office, in Book No. 27 of Deeds, page 74; 7. Deed. C. A. Barber and wife V to Beach Mountain Lumb< < ?mp&ny | \\ appr 'Nimatc'v 70.7 : i . daied i Dccemlx i 1 7.1 020, an i r -gi.1 r-rcd it: the office of the Register of f Deeds, page 521. See also contract registered in said Register's office in Book No. 28 of Deeds, at page 24; 13. Deed, Preston Dislunan to BooiU' Fork Manufacturing Company j B approximately sixty-six (60) arres j V and seventy-six (76) rods, d.u.-.d \ September 6, 1922, and registered Y in said Register's office for \Y;.:auga \ County, Book No. 29 of Deeds, page 2 9. See also contract regisfornii ?* ? V?- --?E n 1 ??*- Sbiu n U'.liCU, OUUii No. 27 of Deeds, page 236. F. All right, title and interest in and to a tract of land containing approximatly seventy (70) acres, contracted to be conveyed to W. S. Whiting by L. W. Johnson and wife, Feburary 14, 1919, registered in the Register's oftice for Watauga Coun, L ty in Book No. 21 of Deeds, page -626, which contract has heretofore \V been assigned to the Company. A w balance of $;>00.0C purchase money, /?. with interest, remains unpaid on^feis contract, and will be assumed by the purchaser. G. The good will of the business ^ of the Company on th epremises described above, and all its right, title and interest to and in trade names, trademarks and licenses. H. All other fixed properties and scT4 j v ,?eal estate, interests in real estate, ^ ^eluding timber and timber rights, privileges and licenses, and all lease^iold and other similar contract rights V L and interests situated or owned by L\U the Company in Watauga and Avery | \\? Counties. I \A Together with all rights of way fc- and other rights, licenses ar.d privp ileges owned by the Company and I ? i%AnnA?ltoy4 ..tail. ^ ? ~~ ? **J ~ ^ 4' ? wuiicvtcu whii uic upciaituii ui ine I i above properties. SECOND CROUP OR PARCEL Cherokee County LAI! properties situated in Cherokee County in said State will be so offered for sale, as a whole, at the Courthouse door in the Town of Murphy, Cherokee County, on January 9, 1923,-at 12 o'clock noon, said properties and assets being i more fully described as follows: A. The saw mill and lumber manfactoring plant of the Company sitated in Murphy, Cherokee County, pon the lands hereinafter described, > si sting of ? single band saw THE WATAUGA Together with all rights of way and other rights, licenses and privi- j leges owned by the Company and used by it in connection with the operation of the properties above described as being situated in Cherokee County. All Forgoing Properties as a Whole. Immediately upon conclusion of :he biddii-for the 4*sz or.d Group or 3'arcel" of properties at the Courthouse door in Murphy as aforesaid, and a; the same ptace, all the mortgaged lands, premu-es and prop,rtf^s of tile Company situated in rt. j State of North Carolina will be offer-j ed for sale to the highest bidder. { provided that no bid w:l< 1 received; for ^*aid properties as a whole unless such bid shall exceed the aggregate j of the bids for the two groups or j parcels offered seperately. Prior . i-ions .and . Encumbrances ; Which Will be Assumed by Purchasers. The foregoing properties will be j sold free of encumbrances, except-1 ing the following liens and encum-1 Iterances, prior to the hen of the In-! denture, which shall be assumed by the put >:xir.sc r or purchasers of the| ' mill, with re saw, including log pond.1 one dimension lath mill, battery of' three steam boilers, one stationery j steam engine, one electric generator, | one charging station, two twenty-1 two ton locomotives, fifteen leg cars,J one crank driven utility car, two! electric tractors and one steam log loader with all fixtures, appliances, machinery, tools, supplies and *?quip-i mem to any and every of said pro-perties belonging or appertaining; : Together with any and all other mills, factories, houses, buildings.! structures, engines, machinery, tools, apparatus, supplies, equipment and improvements, situated or contain-j ed upon the land upon which said saw mill and lumber manufacturing plant is situated, ??r belonging or 1 appertaining thereto, and for a more particular description of said saw, mill and lumber manufacturing plant reference is made to said Inventory filed with the Court by the receivers on November 2, 1022. II. The land in Murphy. Cherokee County, described and conveyed in the Indenture as 4*Parcel Number One", containing approximately thirty acres, upon which the.saw mill and lumber manufacturing plant last above described is situated, of w hich*4Parcel Number One*4 Lots or Boundaries "First" to '"Tenth*', inclusive, are owned in fee, and Lots or Boundaries "'Eleventh" to "Thirteenth'*, inclusive, are held under the following leases, all right, title and interest of the lessee therein being now* in the Company: 1. Lease, \V. H. Woodbury, Trustee, to A. A. Fain, Trustee, dated October 7, 1919, and registered in the office of the Register of Deeds for Cherokee County, in Book No. 73 of Deeds, page 1~>9; 2. Lease, \V. A Bryson .and wife to A. A. Fain. Trustee, dated September l, 1919, and registered in aid Register's office, in Book No. 7:; of Deeds, page if?9: Lcrsc, W. < "hris'iphor and wife to A A. Fain, Trustee, dated Sept-, ember 1, I'J 19, rogi.-teivd in said i* eg i'-tor's ollicc, Book No. ?.*> of page 247; All of which le.j-es are for terms llf I! Y" i V*. MV < roni 'lli-ir i5'i?-i>c \i ill privilege to renew for terms of five y vi"s longer; The Indenture i?. registered h: the office of the Register of Deeds for Cherokee County in Cook No. 70 of Deeds, pages ."85 et seq., and reference is made thereto for more particular description of the properties iii said County. "First Lot or Boundary" of said "Parcel Number One" will be ^pld subject to the outstanding term of a lease to M. C. King, dated October 8th, li)18, registered in said Register's otlice, Book No. 09 of Deeds, pngc517 for the "Plaining Mill Lot", containing approximately threefourth of an acre, expiring five years from date. C. Private railroad of the Company in Cherokee County, surveyed and partly constructed, beginning at the mill and lumber manufacturing plant, and running down the northern side of the Valley River to the Hiawassee River; thence crossing the last named river and running down the southwest side thereof, for about three ratles; thence, crossing said river again and runthence up said creek about five miles to the mouth of Davis Creek; thence n:ng about one and one-half miles to tlu* mouth of Hanging Dog Creek; htence up said creek about five miles to the rnorth of Davis Creek; thence up Davis Creek for about three miDs until said railroad reaches the Company's lands described under "D" following*:; Together with all side-tracts, switch's, bridges, culberts, crossties and v interest of the Company in and to any and all rail, all roiling stock tools and equipment: and Together with all rights of way owned by the Company at time of execution of said indentures, or thereafter aquired, and all other rights, privileges and equipment, and for more particular description of said right of \^ay, reference is hereby made to the Indenture and to the records of Cherokee County. D. All those lands owned in fee situate, lying and being in Cherokee County, on the head waters of Tellico River and Hanging Dog Creek, approximately ten thousand acres, being the lands conveyed to the Cherokee Timber Company (which is the same corporation as the Company, its name having been changed under provisions of the Delaware statutes) by the following deeds: 1. Deed, W. S. Whiting and wife, dated January 9, 1915, and registered in the Register's office of Che-j rokee County, in Book No. 29 of Deeds, page 98; z. ueea, unas. 11. Thompson and wife, dated Juiy 5, 1917, and registered in said Register's office, in Book No. 73 of Deeds, page 498; | 3. Deed, W. R. Hopkins and wife, dated October 16, 1919, and registered in said Register's office, in Book No. 77 of Deeds, page 159; 4. Deed, Leonard K. Thompson i and wife, dated November 18, 1919,1 and registered in said Register's office, in Book No. 77 of Deeds, page 157; E. The good will of the business j of the Company under its present name, or under the name of Cherokee Timber Company, and all rights title and interest in and to trade npmes, trademarks and licenses. F. All othed fixed properties and real estate, or interests in real estate in said County of Cherokee, including timber and timber rights, privileges and licenses, and leasehold and other similar contract rights and interest? situated and owned by the Company in said County. I properties severalty anectea ny saia i j i:tns and encumbrance.*, to wit; 1. Mortgage and contract*, Che-} | rokee Timber Company to Pearl I City Veneer Company, dated April j 13, 1920, registered in the office of I the Register of Deeds for Cherokee , j County, Book No. 72, page 2G9, ! I conveying 1600 poplar trees on, "Parcel Number Three" described ! i.i the Indenture (being the lands described in section "D" of above 1 "Second Croup or Parcel" i as se enrity for an advance c? $100,000 1 made under a contract of sale of 2,500,000 feet of vcllow poplar I logs. 2. Deed of Trust, Peach Mountain j l.-.mhei Company to Mark V. Brown Trustee, dated June 2 7. 1818, re-: gistcred in xhe office of the Regis-; | scr of Deeds for Watauga County,! ! Cook "W" of Mortgages, page T'l. conveying the "Little. pittney and Patter? <:i limber'' (which is the! "Thirteenth"' and "fourteenth" j Beu 11 dries uf "Parcel Nuabgr Five" ! ! . described in the i.uicntare, and , | the property described above as Item . of paragraph 4ID" ?i "First J Group or Parcel") as security for! I"ho payment of approximately Slih-' e 931.18, which is past due and held | bv tl.i third parties, j 3. Deed of Trust, Boone Fork i Lumber Company to E. K. Bachman, Trustee, dated November 15,1 1.920, registered in the Register's i office for Watauga County, Book! "W" of Mortgages, p.ig. i3}? conveying the Reynolds tract (item No. 0 of "Parcel No. Six" as described in the Indenture, and Item No. 6 of paragraph "E" of above "First Group or Parcel") as security for the payi ment of balance of purchase money originally in the principal sum of $9,450.00 of which $3,000.00 has( been paid, and the remaining $6,450.00 of which remains unpaid and is represent#! by time notes, two of which tire now past due, bearing interest at the rate of six per centum per annum, payable semi-annually. Interest has been paid to September 15, 1922, and the holder of the notes has extended the dates of payment for ayear upon agreement that one half the principal and the accrued | interest shall be paid before the Coni1 jinny, its successors or assigns, shall j cut the timber. . . 4.. Deed, Linvilie Improvement | Co. and Donald McRae and Hugh McRae, Trustees, to Boone Fork Lumber i Co. dated September 1, 1920, re-j gistered in Register's oflico for Wa- j tauga County, Book No. 27 of Deeds, at page 220. convevine* "Nineteenth I Boundary'* of "Parcel Number Five" 5. Judgement, John Justice VS. Boone Fork Lumber Company, $1,573.11, with interest from June 16, 1017, and $220.85 costs, docketed in the office of Clerk of Superior Court of Avery County, Judgement Pocket No. 2, page 14, 71 and 80, now pending on appeal to the Supreme Court of North Carolina. of North Carolina as franchise tax due by Boone Fork Lumber Company for the year 1921. 6. $1,863.30 claimed by the State described in the Tndenture ((Item I "(d)" of section "D" of above "First Group or Parcel") retaining a lien for balance of purchase money originally $50,000, of which $26,500 is unpaid and was and is payable as follows: June 1. 1923, $5,500.00, September 1, 1922, ?lO,000, March 1, 1923, $10,000.00 with interest as provided in deed. Interest on the balance is paid to December 1, 1921, and it has been agreed that no further payment of principal or interest will be demanded until the Company is re-organized (by sale of properties or otherwise) and its successor or successors, are ready to cut the timber, when the payment of arrears will be required. 7. ?3,203,80 claimed by the State I of North Carolina as tax on the ex-' cess valuation of the capital stock of Boone Fork Lumber Company for 1921. 8. $1,863.30 claimed by the State of North Carolina as franchise tax due by the Company for 1922. 9. Federal Taxes. Income cax of Boone Fork Lumber Company for the year 1920, $10,095.18. Boone Fork Lumber Company, capital stock tax for the year ending July 1, 1922, assessed as of July 1, 1921, $647.46. 10. Any and all Federal, State, County and Municipal taxes due, or to become due, by the Boone Fork Manufacturing Company for 1921. TERMS OF SALE AU properties will be sold for cash to the highest bidder or bidders, subject to confirmation, excepting that, if desired, the court may accept DEMOCRAT one-third in cash and defeKrcT'pay ments due in six and twelve months bearing six per cent interest and se cured in a manner satisfactory t< the receivers and approved by thi court; and excepting further tha payments may be made in the bond secured by the Indenture, or th< purchase price may be paid parti; in cash and partly in the outstand ing bonds and coupons socur d b; the I.- denture, as more fully set fort) in the order cf tale. A > re iniinary deposit ?f S5C00. w: : he r equina! lYom each big :i r ' fore his bid is received, am the la and highest bidder *u eac! i?:."eri *r ?hall be required to depu>i r-. i'i 'ional deposit s::incicnt fund or bond.- to make the total deposit of s:.- -h bidder amouM to liv; p? cent. ?>f his bid. If the additions deposi* is not made immediately his oi have been nr. - V, parodied are on Sic with thCourt gg| j | and :tt oliict ox receivers _ ~ h! in the A .1 . ill- t'ltize-; Building, :icc 1 at the time of Y sale, and. afUr the properties and " assets situated in the several conn a Y lies shall ha % ? been so offered for ^ ale i.i lot. , ih y v.iih at each of the (plac< of - lereinaft r named, be t: ll|offered foi Bals a a whole. Accord1 ingly the properties and assets here ' I 'naf-er li t d : eiitg situated in the ,rICoun.::!S v./ Watauga and A .. ry v. ill first be oifercd for sab- at public : ik ; -h. at i -iho.;. ' V" door r. lu'.vn 01 ,. - i.: - i; i County of Watauga. . o"c! h " noon, on 1.923, in lot. 1 owing f. iv:ni i-j l~ {also offer sep :tt* !y thv articie cor.i{ irg any lot a: :u. y be an.wuu.veri 1 ' t'r-e t*?o-: ef ' up n. ? ' ?lit:V :'ic?iin~ for sa::i pro- c w'pert a el in i< . 1 y will g B-bc oiiviitl for ?*.ie at public auc v lion, f . > .. a whole, and the l, ? pr ,? a et - h n ivnf : mi 'i in ? aid 0< in Y ;y Chitr ' < - V. ill fir. t be offered for . .. ... pt .... . jor ca-sh, .it ^ the ( door in the Town of .'l phv it? : u l County of Cherokee. ,Sjat 1- oVhci-.. i:. or4 the 9th day ' <.f .JaiiUi'i- . . In h?t< iv. .? ;??? the light la :il. a offer separately the a .^ ar'ieics composing any lot as may -v b. announced at the time 01 sale, : ~~ ant', upon ;ho conclusion of the bid- P ding for said properties and assets 15 in lots, they will be offered for sale P p ai public auction, for cash, sa n a r whoio. ti ' Bids will be received at said places ? of sale for and upon the following: ? (a) At the sale to be made at s Boone, upon any item situated in c j-aitl Counties of Watauga and Avery, a separately or in lots as said iots may M be determined and offered by the a ^ receivers: s 1 (b) Upon all items situated in P s* said Counties of Watauga and Avery in the aggregate; o (c) At the sale to be made in fl Murphy, upon any items situated in said County of Cherokee, separately, or in lots as said lots may be deter- ? mined and offered by the r>reiver<; & (d) Upon ; .1 items situated in l< , said Count of Cherokee in the ag- 11 s gregatc. As a*?4 r.unllonrd, .he items b to be ? V I . c too vnr.ed ;; d iu:m- ; [e erous to . -x-t forth peciti -n.ly, but c ? the reee - have dctei ied upon :: Jr'> -ped : c proper. ie-; into i ... " i:|in a erdai. with t". . order of stile, 1 i M> follov. . x- Ko. i. WAYAUGA COUNTY. c"j CSS eq; : lucnt at the main of " I f ' I : I * >!!t i?*n ?\ :l ? .'::cturS , -:nt at Shulls Mills, eon* . i.-tinjr v>t six desks, three tables. A i~ sui.dry chairs, three filing cabinets, c" two safes, 1 ophone system, baskets, .lies, dictaphone apparatus, stoves, stationery and liniscellar.ous supplies. Office equipment in the engineer's *office and yard office, oil house and '* storeroom of the Shulls Mills mill "? and plant consisting of two desks, four tables, sundry chairs, stoves. " 11 adding machine, telephone system, l' files, cabinets, typewriters, baskets rt a and miscellaneous^ supplies. tl s Picture Show at t'hull.. l_ Mills mill and piant consisting of ;l ' benches, stove and equipment, screen, a "" projecting machine and electrical '< compensator. t< n LOT No. 2. WATAUGA COUNTY. P " Household furniture, log camp ' equipment and bungalow equipment ^ at Shulls Mills mill and plant consisting of one hundred sixteen beds with necessary springs, mattresses, ^ d sheets, blankets, comforts, pillows a i? and pillow cases, large number of c r' towels, sundrv naDkins. six ranees tl l" and sundry heating: stoves, chairs, C *" tables, curtains, shades, pitchers, ? l* basins, dishes, spoons, knives, forks, h ? phonograph, glasses, kettles, pans, g pots, buckets, kitchen utensils, rugs, d l" stools, lamps, chimneys, pantry equip- tl ment, laundry equipment, etc., in t? sufficient quantities to supply the nor- s d mal requirements for the operation f e of the mill and plant. h f LOT No. 3. WATAUGA COUNTY, r l" Logs in pond at the Shulls Mills o b mill and plant, consisting of approx- a h imately 2,200,000 feet, chiefly of a ? chestnut and oak, but including hem- u lock, spruce and maple, and smaller s footages of poplar, ash and other v ir woods. e LOT No. 4. WATAUGA COUNTY, s d Commissary equipment and soppliesat Shulls Mills mill and plant, consisting of store equipment, cases, f* stoves, pumps, shelves, scales, cut's ters, files, cash register, etc., and the J stock of supplies in said commissary msiitirg of shoo? and overshoes ?r men. women and children, cloth-] 'tr* huts. groceries, dry goods, toilet rticles and preparations, drugs, '"' a- , candy, stationery, yrups. a.-dwan . laiti tijs, china, miscelll WEt r ~ 01 v/eaaring apparel ,th< r goods, r.r.d general issa.-y .-cpplies; socU. fountain meat and a*, cessc ries. X'.'AT AUG A COUNTY. Hof .?.r.d Cows. NinctCCI: head * :;-.d c.tx2 cow at Shulls I - C*:i >: E C'UMY. CfHrr equipment at the office of e Murphy m and plant, consistg of four desks, sundry chairs, tabiiiing cabin< i. .ate telephone .-um. tyr.. ,-iooIs. filing . clock .. '1 miscellaneous office p es. O No. 7, CHEROKEE COUNTY. Club house a id Logging Camp quipment at the Murphy mill and cm. cor si. ting of forxy-e^ht (48) eds, with necessary mattresses, many . comforts, blankets, sheets, illows and c.'i six oak dressers, ve (5) washstands, sundry chairs, v.; : stoves, dishes, knives, forks, poori.-. bowls and pitchers and other brniturc nnd rniacegpMjpoiis house old equipment. also sundry harness nd stables supplies. .or No. 8, CHEROKEE COUNTY. Horses ur.d r-vr. lourteen head of orses and .r. cow at Murphy mill OT* No. 9, CHEROKEE COUNTY, lotnimssary rupplxe;-, -mall quanity, at 4.1. Murphy and plant, of y: up, pre r res, soap, pi::cr. ftCOT No. 20, C-'ISRCKEE COUNTY Lory* at :: wood.- :: :.r Murmil m; plant, con--:.ting of at)roximately 1.1" 5.000 feet, cbicfiy kostnut, oak ar.d hemlock, and inU' tr pop!: r. bass, maple and other roods. Ik- i - will r, :uire from a eh bid !. r. v. bid .-ball be acDLrd. a d po:i4 in c th, or by cerel; .!; f\*ovy io the- re. :w> . to t q .ill to ten : cent, of th? i|T? nt if e?.?h bid. ,hich dep. it bail be retains d until iio : ale.- having Men acted upon by he Court. I)epo: it- ma le oji :i. count f sales c?"tb-m. i v.-il? be credited .-ait.- :v.-j?ecti\?-iy, .and the be- purchase price will hen bec-anu* due and payable. Th e> ivers may adjourn any of he abo\ offerings front time to ime, by notice appropriately given t the me and place appointed for uch offerings or adjourned offerers and without further notice or ublication, ur.lcss the receivers deem : advisable to male same, and may roceed with the offering upon the d journod dates without further noice. Upon the conclusion of all of the fie rings, the receivers will report amc to the Court, which may acept or reject and bid so reported nd confirm any hid so accepted, whether of a part, or of all or of ny of said properties so offered for aier and, if the sales of any of said ropcrties and assets are not conrmed, any and every deposit made n account of any such sale not conrmed will be returned to the bider or biutiers making same, and hose properties and assets, the sales f which are not confirmed, will SB gain offered for snlo upon such .Tins and conditions as the Court lay direct. If the Court shall accept any such id or bids and shall confirm such ale or sales the purchaser or purhasers shall pay the balance of the urchase price in cash, with the light n the part of the receivers, if det rred payments are desired, to aeopt one-third payable in cash, one: r the reccg&rs and approved by the 'ourt, and shall bear interest at the ate of six per cent per annum from dates until paid. Upon confirmation of sale* and upn payment of the purchase price, lie receivers will transfer and turn ver to the purchaser or purchasers fie properties and assets nought, ree and cbcnr of aliens and claims, r.d will execute all necessary papers isd perform all acts necessary to re*ase the claim of the receivers and 3 vest unincumbered title in the urchaser or purchasers, but shall ot assume the duties or expenses f delivering the properties and asets bought The Court, contemporaneously ith the order of sale herein, passed n order of sale in foreclosure proeedings heretofore instituted against he Company by Commerce Trust ompany, trustee under the moilage by the Company of certain of properties, and the mortaged properties have also been orered sold by the Court, and, for he purpose of giving opportunity o the purchaser or purchasers under aid "' 'I'"* + ~ V:J V V1U1.1 vrjk OUIC IU UiU or the properties and assets sold ereunder, it was ordered that the eceivers herein might conduct the fferings and sale or sales herein, t the same time or times and places s the sale or sales to be conducted nder the said foreclosure order of ale, and the offerings herein proided for will, therefore, be conductd at or about the same time as the ales of vhe mortgaged properties. JOHN A. HAMBLBTON W. W. MILLER DUFF MERRICK, Receivers. . V. ERSKINE, Auctioneer. j i