Newspaper Page Text
FRIDAY, AUGUST 25, 1950.
GEORGIA, Clarke Caunty:
To the Creditors of John T, Wheel
er, deceased:
vou are hereby notified to ren
der an account to the undersigned
of your demand against the estate
" ihe above named deceased, or
lose priority a 8 to your claim.
This 27th dla\g' of Jugfi 1950.
. B, WHEELER,
Administrater with the Will an
sexed of the Estate of John T.
Wheeler, deceased.
728 A 4-11-18-25, 81. ¢
,/_/__._——-———"‘-—""——_—'-"-—
GEORGIA, Clarke County:
The undersigned will sell be
(ore the court house door in said
County, during the legal hours of
cales on the first Tuesday in Sep
tember (Setember 5), 1950, to the
hiohest bidder for cash, the fol
lowing described personal prop
erty to~wit:
| lot of corrugated boxes, con
cisting of 26,358 baxes, more or
Jess.
15480 gallons, more or less, of
punker C fuel ail.
237 50 pound bags, Georgia Ful
ler's Earth.
| 40 gallen drum of formalde
hvde,
Said property levied on and to
be sold as property of Athens Food
and Oil Refining Company, under
and by virtue of said tax execu
tions issued by authority of the
Mayer end Council of the City of
Athens, against Athens Food and
Ol Refining Company and duly
transferred and assigned tagthe
National Bank of Athens.
The property to be sold consist
ing of articles which are bulky
and difficult and expensive to
move, samte will Ibe located in the
puilding formerly occughd\ b;
Athens Food and Oil eflninz
Company, Oconee Street, Athens,
Georgia, and may be examined in
said premises by any person in
terested, upon regquest to the un
\fvr‘signed. .
This 2nd day of August, 1950.
H. T. HUFF, Sheritf,
Clarke County, Georgia.
A 11-18-25, 8 1.
SHERIFF'S SALE
GEORGIA, Clarke County:
Wwill be sold at -public outery
pefore court house door of said
County on first Tuesday in Sep
tember, 1950, between legal hours
of sale to highest bidder for cash
following real property:
All that tract of land lying and
being in East Athens, Clarke
County, Georgia, containing one
acre, more or less, known as the
Monroe Johnson lot, being part of
Lot Three Railroad Map W. A.
Carr Estate by E. K. Lumpkin in
1873, bounded Northeast by Arch
Street, Northwest by Friendship
Baptist Church lot, Southwest by
Faust property and Southeast by
Angle Street, being property con
veyed by Monroe Johnson, sole
heir at law of Sarah Johnson, to
Jack Spraulding by deed January
Ist, 1918, recorded in Book 15,
page 615.
Levied on by W. O. Fields, L. C,,
under fi-fa. issued December 21st,
1934, from N. P. and Ex-Off. Jus
tice of Peace Court, 216th District,
G. M,, Clarke County, Georgia, in
favor of Gus Latham against Jack
Spraulding, levied and to be sold
as property of Jack Spraulding,
deceased.
Written notice of levy given
tenants in possession and posted
on premises.
August Ist, 1950.
H. T. HUFF, Sheriff,
Clarke County, Georgia.
A 11-18-25, S 1.
GEORGIA, Clarke County:
Whereas, heretofore on the 6th
day of August, 1949, Hubert
Yabby did execute to General
Finance and Loan Company, of
Athens, a certain security deed to
the following described land:
“All that tract or parcel of land,
together with all improvements
thereon, lying and being in Ath
ens, Clarke County, Georgia, de
scribed as follows: Beginning at
an iron stake on the south side of
Waddell Street, said stake being a
corner of the property owned
(formerly) by Mike Dennis, and
running thence along the south
sid of Waddel Street N. 74 3% E.
0 feet to an iron stake on the
corner of property of (formerly)
Nathan Sansom; thence S. 15%4 W
200 feet to an iron stake; thencé
along the line of property of (for
merly) Howard Payne 38% feet to
an iron stake; themce N. 24 W.
202.2 feet to the beginning cor
ner, The said place has a dwelling
house thereon known as 871 Wad
dell Street, The property is the
same as that eonveyed to the said
I‘lubert Yabby by Rabun Bently
by deed which is recorded in the
office of the Clerk of the Superior
Court of said County in Deed Book
105, page 275.”
.To secure a note of even’ date
therewith for $408.53, all as shown
by said security deed recorded in
the Clerk’s office in Clarke Coun=
v, Georgia, in Deed Book 117,
bage 109; and
: Whereas, on August 6th, 1949,
the said Hubert Yabby conveyed
o the undersigned the said note,
"¢ said security deed, and the
#ld land described therein; and
: “.“f’"eaS, said note has become
j‘j“f‘fxault as to payment and in
e according to the terms
o and the undersigned has
l“'[ ed to declare the entire note,
brincipal and interest, due and
p u;mqe at once; ‘
g -\ow, therefore, according to the
'l2inal terms of the said security
vd and the' laws in such cases
.. 10¢ and provided, the unersign-
I,,,__‘,jjl expose for sale, under
nie o of attorney contained in
by Jeed, to the highest and best
{-r;:z for cash the above de
: ‘bed land, after proper adver
geoient, on the first Tuesday in
Peblember, 1050, between the legal
i;fit“ of sale before the court
Gw:. door in Clarke County,
sale gfi The proceeds from said
o, !be used, first to the pay
ast aey Sid note, principal, inter=
hal.::g expenses of sale, and the
nig s if any, delivered to the
Tlnlubm Yabby.
THE"GAum Bth, 1950.
LOAN ENERAL FINANCE AND
c ARUSC&Mgggg OF ATHENS.
A 1-18-28 g 1 Attorney.
GEORGIA, Clarke County:
~ E. L Smith alndAMrs. Mae Smith
Rayle, as executors of the estate
of Susie Lucas Carlton, deceased,
having filed in this court in due
form their petition for letters of
dismission as such executors of
said estate and alleging that they
have fully performed their duties
as such executors, this is to cite
all persons to be and appear at the
September term of the Court of
Ordinary of said County, to show
cause, if any they have or can,
why the prayers of said petition
should not be allowed and the said
executors receive letters of dis
ml';;xlpnaatg srayed.
' S ay of August, 1950,
- RUBY HARTMAN,gOrdinary.
A ‘ll-18-25, S 1.
e e
GEORGIA, Clarke County:
The National Bank of Athens,
as Executor of the estate of Mrs.
Matilda M. Sneuuagl; having filed
its petition for disce arge as such
Executor, all persons coneerned
are hereby notified and required
to shew cause at the September
term of the Court of Ordinary of
Clarke County, Georgia, on the
ftrhs; Mia‘;u:iay ti;n September, 1950,
why said discharge should not
granted. be
This 2nd day of August, 1950.
RUBY HARTMAN, Ordinary,
Clarke County, @gergia.
A 11-18-25, 8 1.
GEORGIA, Clarke County:
_Whnm Mrs. Myrtle Bramlitt
Pique, H. R. Bramlitt and A. F.
Bramlitt as administrators of the
estate of Mrs. Lessie Cofer Bram
litt, deceased, have applied to the
Ordinary of said County for leave
to sell all of the real estate and
personal property of the said de
msed,- Mrs. Lessie Cofer Bram-
Now therefore this is to cite all
creditors, heirs and parties inter
ested to be and appear at the Sep
tember term, 1950, of the Court of
Ordinary of said County to show
eause why an order to sell said
property should not be granted.
Witness my official hand and
seal of office, this the 7th day of
August, 1950.
RUBY HARTMAN, Ordinary.
WM. T. RAY, Attorney.
A 11-18-25, S 1.
GEORGIA, Clarke County:
In the Court of Ordinary said
County.
To Any Creditors and All Parties
At Interest:
Regarding Estate of Mrs. Min
nie Hill Bramblett, late of Clarke
County, Georgia, deceased, notice
is hereby given that R. L. Bram
blett, Jr., Billy Hill Bramblett,
James Edwin Bramblett, and Mrs.
Rolyn Bramblett Arnold, the heirs,
have filed application with me to
declare no Administration neces
sary.
Said application will be heard
at my office Monday, September
4th, 1950, and if no objection is
made an order will be passed say
ing no Adnrinistration necessary.
This the 27th day of July, 1950.
MRS. RUBY HARTMAN,
Ordinary.
ARTHUR S. OLDHAM,
Attorney.
A 11-18-25, S 1.
GEORGIA, Clarke County:
To All Whom It May Concern:
A. P. Winston having applied
for guardianship of the persons
and property of Allen Smith, Cora
Jean Smith, Clarence Smith, Jr.,
Golden Lee Smith and James Earl
Smith, minor children of Clarence
Smith, deceased, late of said
County, notice is given that said
application will be heard at my
office at ten o’clock A. M. on the
first Monday in September, 1950,
next. -
This August 11th, 1950.
RUBY HARTMAN, Ordinary.
A 11-18-25, S 1.
CITATION
GEORGIA, Clarke County:
John D. Elliott as executor of
the will of Miss Ora Kellum, de
ceased, represents to the Court in
his petition, duly filed and enter
ed on record, that he has fully per
formed all the duties required of
him by said will. This is, there
fore, to cite all persons concerned,
kindred and creditors and legatees
to show cause, if any they can,
why said executor should not be
discharged from his trust as exe
cutor and receive letters of dis
mission on the first Monday in
September, 1950.
This. August 7th, 1950.
RUBY HARTMAN, Ordinary,
Clarke County, Georgia.
R. A. BROWN, Attorney.
A 11-18-25, S 1. "
GEORGIA, Clarke County:
Dorsey Davis, guardian of J.W.
O’Kelley, now deceased has ap
plied to me for a discharge from
his guardianship of J. W. O’Kel
ley: this is to notify all persons
concerned, to file their objections,
if any they have, on or before the
first Monday in September, 1950,
next, else Dorsey Davis will be
discharged fromr his guardianship
as applied for.
This August 10th, 1950.
RUBY HARTMAN, Ordinary,
Clarke County, Georgia.
A 11-18-25, S 1.
i Rt
NOTICE FOR PUBLICATION
No. 10998, October Term, 1950,
Clarke Superior Court — Libel
. for Divorce.
CLYDE A. STEWART
Plaintiff
versus
DOROTHY MORGAN STEWART
Defendant
To the Defendant, Dorothy Mor
gan Stewart, Greeting:
By order of the Court, you are
hereby required, to be and appear
at the Superior Court of Clarke
County, on the second Monday in
October next, to answer the plain
tiff’s complaint for divorce, as, in
default thereof, the Court will
proceed as to justice shall apper
tain. .
Witness the Honorable Henry H.
West, Judge of said Court, this
10th day of August, 195 Q.
E. J. CRAWFORD,
Clerk Superior Court.
DORSEY DAVIS, :
Attorney for Plaintiff.
A 11-18, S 8-15.
MRS. ANNE RAPPOPORT
Plaintif* .
versus
EDWAR%‘?APEOPORT
endant :
No. 1108
October term, 1950
Clarke Superior Court
Libel for Divorce
TO THE DEFENDANT, EDWARD
RAPPOPORT: Greeting:
By order,of ths Court, you are
hereby required, to be and appear
at the Superior Court of Clarke
County, on the segond Monday in
October next, to answer the plgin
tiff’s complaint for divorce, as, in
default thereof, the Court will
proceed as to justice shall apper
tain.
Witness the Henorable HENRY
H. WEST, Judge of said Court, this
16th day of August, 1950,
KING CRAWFORD
Deputy Clerk Superior Court
EDWIN FORTSON
Attorney for Plaintiff, :
a 18-25—s 1-8
e e TSR T T
GEORGIA, Clarke County:
In the Superior Court of said
Caunty.
Case No. 11007.
Mrs. Elizabeth Carter Yarnell
VS,
Harrison Leroy Yarnell.
To Haprison Leßoy Yarnell, the
defendant in the above named and
stated case:
By order of the Court, you are
hereby required to be and appear
at the Superior Court of Clarke
County, G%:rs.ia, on the Second
Menday in Octoher, next, to
answer the plaintiff’'s cemplaint
for divorce, as, in default thereof,
the Court will proceed as to justice
shall appertain,
Witness the Honorable Henry
H. West, Judge of said Court, this
the 14th day of August, 1950.
ELMER J. CRAWFORD
Clerk, Clarke Superior Court
ARTHUR S. OLDHAW,
Petitioner’s Attorney.
A 18-25; 8 1-8
GEORGIA, Clarke County.
Personally appeared before the
undersigned officer, W, C. Birch
more, Jr, who says on oath that he,
as an individual, is carrying on a
business in the trade name of
Birchmore Dairy Supplies and that
he is the sole owner of said busi
ness and his address is 490 Mil
ledge Terrace, Athens, Georgia.
W. C. BIRCHMORE, JR.
Sworn to an dsubscribed before
me, this 14th day of August, 1950.
UPSHAW C. BENTLEY, JR.
Notary Public
A 18-25
GEORGIA, Clarke County., ..., .
EARNEST F. LESEUEUR
Plaintiff
Versus
MARY FRANCES LESEUEUR
Defendant
© No. 11010
October Termr, 1950
Clarke Superior Court
Libel for Divorce
To The Defendant, MARY FRAN
CES LESEUEUR: Greeting:
By order of the Court, you are
hereby required to be and appear
at the Superior Court of Clarke
County, on the second Monday in
October next, to answer the plain
tiff’s complaint for divorce, as, in
default thereof, the Court will pro
ceed as to justice shall appertain.
Witness the Honorable Henry H.
West, Judge of said Court, this 18
day of August, 1950.
E.J. CRAWFORD
Clarke Superior Court.
DORSEY DAVIS
Attorney for Plaintiff
A 18-25, S 8-15. .
GEORGIA, Clarke County.
To the Superior Court of said
County, and to the Honorable
Henry H. West, Judge of said
Court.
The petition of W. A, MATHIS,
MRS. JEANNE L. MATHIS, and
JAMES 1. AIKEN, respectfully
shows:
1. The applicants desire - for
themselves, their associates, suc
cessors and assigns, to be incor
porated for a period of thirty-five
(35) years, with the privilege of
renewals as provided by law, un
der the name and style of “Myrna
Court Apartments, Inc.”
2. The object of said corporation
is pecuniary gain and profit.
3. The purpose for which the
corporation is formed and the
business and objects to be carried
on and promoted by it are as fol
lows: s
(a) To create a private corpora
tion to provide housing for rent or
sale, and to acquire any real es
tate or interest or rights therein or
appurtenant thereto and any and
all personal property in connection
therewith.
(b) To improve and operate, and
to sell, convey, assign, mortgage
or lease any real estate and any
personal property.
(¢) To borrow money and issue
evidences of indebtedness in fur
therance of.any or all of the ob
jects of its business; to secure the
same by mortgage, deed, deed of
trust, pledge or other lien.
(d) To apply for and obtain or
cause to be obtained from the Fed
eral Housing Commissioner (here
inafter called the Commissioner) a
contract or contracts of mortgage
insurance pursuant to the provis
ions of the National Housing Act
as amended, covering bonds, notes
and other evidences of indebted
ness issued by this corporation and
any indenture of mortgage, deeq,
or deed of trust securing the same.
So long as any property of this
corporation is encumbered by a
mortgage, deed, or deed of trust
insured by the Commissioner it
shall engage in no business other
than the construction and opera
tion of a Rental Housing Project
or Projects.
(e) To enter into, perform and
carry out contracts of any kind
necessary to, or in connection with,
or incidental to the accomplish-=
ment of any one or more of the
purposes of the corporation.
4. The post office address of the
place at which the principal office
of the corperation in this state
will be located is Athens, Clarke
County, Georgia. |
5. The corporation shall have
three directors who shall act &s
such until their successors are
duly chosen and gualified. |
6. The maximum number of
shares which said corporation is
authoried to have outstanding
THE BANNER-HESALD ATHENS, GEOKRGIA
shall be 5300 shares of which 100
shares having a par value of SI.OO
per share shall be designated “pre
served stock” %ng! 2:‘,? &’h&re’ lfi:"'
Ing a par value of SO.OO per share
shall be aiwhd E(:q‘mmon
stock,” and 5,000 shares having a
par value of SIO.OO per share
shall be desffigated “gpecial stock”
and it is desired that said special
stock may be issued from time to
time as may be determined by the
Board of Dirvectors of this corpora
tion, which shares of capital stock
shall have preferences and re
strictions as follows:
(a) The holders of the preferred
stock shall be entitled te receive,
when and as declared by the Board
of Directors, non-cumulative divi
dends at the rate of five cents (sc¢)
per share per annum, before any
sum or sums shall be set apart for
or applied to the purchase or re
demption of the preferred stock or
special stock and before any divi
dends or ether distribution shall
be declared, set apart, paid or
made in respect of the common
stock or special stock.
b) The net earnings of the cor
poration, after providing there
from dividends on preferred stock
and all reserves hereinafter re
quired, may be applied each year
in payment of divigends te special
and common stockholders. The
holders of the special stock shall
be entig&l to receive, when and as
declared by the Board of Directors,
non-cumulative dividends at the
rate of sixty cents (a()c) per share
per annum, before any ?ivigends
or other distribution shall be de
clared, set apart, paid or made in
respect of the common stock.
(c) The holders of said special
stock will have no control of any
nature over the corporation and
will get no return from their spe
cial stoek except the dividends
specified in Section (b) of this Ar
ticle 6 of this petition, and said
special stock shall have no voting
power.
(d) The preferred stock at any
time outstanding may be redeemed
by the corporation at par and div
idends deelared thereon, but un
paid to the date of such redemp
tion, provided, however, that such
preferred stock shall bhe so re
deemed, upon, but in no event be
fore, the termination of any con
tract of mortgage insurance cov
ering any indebtedness of the cor-
Eoration without obligation upon
he Commissioner to issue deben
tures as a result of such termina
tion. Preferred stock so redeemed
shall be retired and cancelled.
(e) Anything to the contrary
herein notwithstanding ,no divi
dends shall be paid ypon any of
the capital stock of tfge corpora
tion (except with the consent of
the holders of a majority of the
shares of both common and pre
ferred stock then outstanding) un
til all amortization payments due
under the mortgage insured by the
Commissioner have been paid, and
until a reserve fund for replace
ments is first established and
maintained by the allocation to
such reserve fund in a separate ac
count with the mortgagee (or in
the case of a security deed, with
the grantee) or in a safe and re
sponsible depository designated by
the mortgagee commencing on the
date of the first payment towards
amortization of the principal of the
mortgage insured by the Commis
sioner unless a later date is ap
proved in writing by the holders
of the preferred stock, of an
amount equal to $204.34 and“a like
amount monthly thereafter. Such
fund whether in the form of a
cash deposit or invested in obliga
tions of, or fully guaranteed as to
principal and interest by the Unit
ed States of America shall at all
times be under the control of the
mortgagee. Disbursements from
such funds, whether for the pur~
pose of effecting replacements of
structural elements, furnishings
and mechanical equipment of the
project or for any other purpose,
may be made only'after receiving
the consent in writing of the hold
ers of the preferred stock. 1
(f) The Corporation, through its l
Board of Directors, and conforma- |
ble with the applicable laws of the
State of Georgia, may from time
to time retire the whole or any
part of the special stock at the end
of any semi-annual fiscal period, |
at par plus dividends declared
thereon but unpaid to the date of
such retirement, and without no
tice to the holders of any other
classes of stock of this corpora
tion, out of the funds representing
earned or donated surplus remain
ing at the end of such semi-annual
fiscal period, after payment of, or
segregation of funds for the pay- |
ment of all operating expenses, |
taxes, assessments, and fixedl
charges, whether due or accrued,
and after payment of all interest
and principal payments and de
posit for taxes, assessments, water
rates, mortgage insurance premi
ums, and haard insurance premi
ums, all as required by the terms
of the mortgage insured by the'
Commissioner up to the end of
such fiscal period, and after thel
establishment and maintenance of
the reserve fund for replacements
called for in Section (e) of this
Article 6of this petition. No such
special stock shall be retired unti)
after the completion of the con
struction of the improvements on
the property of the corporation ins
accordance with the terms oi the|
building loan agreement betvseen |
the corporation and the lenderi
named in said building loan agree
ment, nor before final endorse-!
ment for mortgage insurance by |
the Federal Housing Commissioner ,
of the credit instrument given to |
the lender. The notice of such re- }
demption shall be mailed not iess |
than thirty (30) days prior *2 the%
date upon which the special stock |
is to be redeemed to each holder
of special stock so to be redeemed,
at his address as it appears on the
books of the corporation. In thel
event that less than all of the out
standing special stock of the cor
poration ic to be redeemed, the
amount to be redeemed and the
method of effecting such redemp
tion, whether by lot or pro rata or
otherwise, may be determinaed by
the Board of Direclors. On and
after the date, fixed for such re
demption, the holders of shares
of special stock so called for re
demption shall cease to be en
titled- to any further dividends,
and the respective hclders thereof
shall have not right or Interest
thereon or therein by reason of
the awnership of such shares, ex
cept to receive the said redemption
price, as a debt without intevest,
upon presentation and surrender
of their certificates therefor. Spe
cial stock so redeemed shall be
retired and cancelled.
(g) In the event of any default
by the corporation, as hereinafter
defined, and durings the period of
such default, the holders of the
preferred stock, voting as a class,
shall be entitled to remove all
existing directors of the corpora
tion, and to elect new directors in
their stead: Provided, however,
that one of said directors shall be
the owner or holder of one or
more shares of common stock.
When such default or defaults
shall have been cured, the right
to elect directors shall again vest
in the holders of the common
stock. #
(h) Except as otherwise prayid
ed by law or as set forth elsewhere
in this petition, all votinuights :é
the stockholders shall veste
exclusively in the holders of the
common stock.
7. The corporation shall not
without prior approval of the
holders of a majority of the shares
of preferred stock, given either in
writing or by vote at a meeting of
the areterred stockhalders called
for that purpose (a) assign, trans
fer, dispose of or encumber any
real or ?ersgngl f;rgpgrty, includ
ing rents, excepl as specifically
permitted by t%fi terms of the
mortgage, (b) remo%e:l_, recon
struet, demplish or subtract from
the premises constituting the pro
ject and subject to such mortgage,
(c) permit the occupancy of any
of the dwelling accomodations of
the corporation except at or below
the rents fixed by the schedule
of rentals provided hgreinaft%;:,!
(d) require as a condition te the
occupancy or leasing of any unjt‘
in the project the purchase of any
corporation stock either from the
corporation er any stockholder er
the payments of-any consideration
other than the reasonable rental
provided for in the schedule of
rentals to be filed with and ap
proved by the holders of the pre
ferred stock as provided herein
after, (e) consolidate or merge the
corporation into or with any other
corporgtion; go into voluntary li
guidation; carry into effect any
plan of reorganization of the corpo
ration; redeem or cancel any of its
shares of preferred stock, or effect
any changes whatsoever in its cap
ital stock; alter or amend its char
ter or fail to establish and main
tain reserves as set forth in this
application for incorporation, (f)
‘require as a condition to the oc
eunancy or leasing of any unit in
the project the payment to or
deposit with the corperation, or
any person or persons, of any
amount other than the payment
of the first month’s rent plus a se
curity deposit in an amount not
in excess of one month’s rent to
guarantee the performance of the
covenants of the lease, (g) execute
or file for record any instrument
which imposes a restriction upon
the sale or occupancy of the pro
ject or any part thereof on the ba
sis of race, color, or creed, or exe
cute any agreement, lease, or con
vayance affecting the mortgaged
property which imposes any such
restriction upon its sale or occu
pancy.
8. (a) The happening of any of
the following events shall consti
tute a default within the meaning
i of that word as used in this appli
cation: y
(1) The failure of the corpora
tion to have dismissed within thir
ty days after commencement, any
receivership, bankruptey or other
form of liquidation instituted by
or against the corporation;
(2) The failure of the corpora
tion to pay the principal, interest,
or any other payment due on any
note, bond, or other obligation ex
ecuted by it, as called for by the
terms of such instrument; |
(3) The failure of the corpora
tion to establish and maintain the
reserve fund for replacements as |
provided in Article 6, Section (e) ‘
hereof or the use of such fund ex
cept as permitted in said section;
(4) The failure of the corpora
tion, continuing for a period of
fifteen days, to perform any of the
covenants, conditions or provisions
required by it to be performed by
this application, the By-Laws of
the corporation, the mortgage, or
any contract to which the corpora
tion and the Commissioner shall be |
parties, or fail to carry out in full
the terms of any agreement where
by the loan covered by the insured
mortgage is to be advanced or the
project is to be constructed and
operated. ‘
(b) In the event the mortgagor
is in default under the terms of |
this application for incorpoigtion
or has failed to perform the cove
nants required by it to be per
formed under the terms of this
application or by any mortgage
insured by the Commissioner, thc
Commissioner may require the
corporation to furnish at the ex- |
pense of the corporation a com-'
plete audit of its books of account |
duly certified by a certified public l
accountant, ;
(¢) Upon any default by the'
corporation, the president or the |
secretary, or either of them, as|
may be required by law, shall, at |
the request in writing of the hold- i
ers of record of a majority of |
shares of the preferred stock, ad- |
dressed to him at the office of |
the corporation hereinabove desig- |
nated and stating the purpose ass
the meeting, forthwith call a sne-[
cial meeting to take place within |
ten days after such call, of the‘
preferred stockholders for the pur
pose of the removal of existing di- 1
rectors and the election of new |
directors. If such officers shall |
fail to issue a call for such meet-;
ing within three days after the|
receipt of such request, then the}
holders of a majority of the shares'
of the preferred stock may do so
by giving notice as provided by
law, or if not so provided, then by
giving ten days’ notice of the time,
place and object of the meeting[
by advertisement inserted in any
newspaper published in the county
or city in which the principal of
fice of the corporation is situated.
When such default shall have been
cured, the president or the sec
retary, or either of them, as may
be required by law, shall, at the
written request of the holders of |
a majority of the outstanding
shares of the common stock of the
corporation, eall in the manner
provided by law;‘;mnam
of tha common stockholders of the
corporation at which the then ex
isting directors may be reinqwi
and new d‘xroctogl elected in the
usual manner. Such officer shall
give notice as provided by law,
or, if not so provided, he shall
give ten days’ notice of the time,
place and object of such meeting
as above provided.
9. The following provision are
herepy adopted for the conduct
of the affairs of the corporation
and in regulation of the owers of
the corporation, the directors and
stockholders:
(a) (1) Dwelling accommoda
tions of the corporation shall be
rented at a maximum average
rental per room per month fixed
by the Board of Directors of the
corporation and approved by the
holders of the preferred stock. A
'sphedule of rentals for the reason
able rental value of each apart
ment based upon the average as
so determined shall be filed with
the holders of the preferred stock,
prior to leasing or ?:lering for
lease of any of the dwelling accom
modations of the project, and when
a?proved by them, shall there
after be maintained except as pro
vided in Article 7 hereof. Dwell
ing accommodations of the corpo
ration shall not be rented for a
period in excess of three years nor
shall the preperty be rented as
an entirety without prior written
gpf;roval ost the preferred stock
holders. tore accommodations
gball be rented at a rental to be
ixed by the directors with the
prior written approval of the hold
ers of the preferred stock. (2) The
corporation shall have the right
to charge to and receive from any
tenant such amounts as from time
to time may be mutually agreed
upon between tenant and the cor
poration with the written approval
of the holders of a majority of the
shares of preferred stock, for any
facilities and-or services which
may be furnished by the corpora
tion to such tenant upon his re
quest, over and above the fagilities
‘and services tp which sueh tenant
'may be entitled by wvirtue of his
lease, ineluding, among other
things, telephone operator and
gwitchboard services, electric cur
rent, gas, air cooling and condi
tioning and ether additienal or ex
traordinary facilities or services
which may be furnished by the
corporation in connection with the
operation of such housing facili
tias
(b) The corporation shall main
tain its accomodations and the
grounds and equipment appurte
nant thereto in good and substan
tial repair and condition: Provid
ed, that in the event all or any of
the buildings covered by the mort
gage shall be destroyed or dam
aged by fire or other casualty, the
money deriving from any insur
ance on the property shall be ap
plied in accordance with the terms
of the insured mortgage on the
premises.
(¢) The corporation, its proper
ty, equipment, buildings, plans,
offices, apparatus, devices, books,
contracts, records, documents and
other papers relating thereto shall
be subject to examination and in
spection at any reasonable time by
the Commissioner or his duly au
thorized agents; the corporation
shall keep full and complete re
cords of all corporate meetings of
directors * and stockholders and
shall also keep copies of all writ
ten contracts or other instruments
which affect it or any of its pro
perty, all or any of which may be
subject to inspection and exami
nation by the Commissioner or his
duly authorized agents.
() The books and accounts of
the corporation shall be kept in
accordance with the uniform sys
tem of accounting prescribed by
the holders of the preferted stock.
(e) The corporation shall furn
ish the Commissioner within 60
days following the end of each
fiscal year a complete annual fi
nancial renort. .
(f) At the request of the Com
missioner, or of the holder of a
majority of shares of the pre
ferred stock, his or their agents,
employees or attorneys., the cor
poration shall give specific answers
to questions upon which informa
tion is desired from time to time
relative to the income, assets, lia
bilities, contracts, operation and
condition of the property and the
status of the insured meortgase and
any other information with re
spect to the corporation or its
property which may be requested.
10. The amount of capital with
which said corporation will begin
business is one thousand dollars;
to be represented by an initial is
sue of two hundred shares of com-~
mon stock of the total par value
of one thousand dollars.
11. The names and post office
addresses of the anolicants are:
W. A. Mathis, 725 Milledge Cir
cle, Athens, Clarke County, Geor
gia.
Mrs. Jeanne L. Mathis, 725 Mil
ledee Circle, Athens, Clarke Coun
ty. Georgia.
James T. Akins. 185 West Lake
Place. Athens, Clarke County,
Genraia,
WHEREFORE, applicants pray
that they be incorporated, and that
a charter be granted unto Myrna
Court Apartments. Inc.; and that
<aid corporation shall have all of
the rights, powers, and privileges
here-in prayed for, and such oth
ers as are now or may hereafter
be authorized by law to be con
ferred upnon such corporations.
ERWIN, NIX. BTRCHMORE
& EPTING
Attornevs for Applicants
Order
The foregoing application of W.
A. Mathis, Mrs. Jeanne L. Mathis
and James 1. Akins, to obtain a
charter for a private corporation
under the. name of “Myrna Court
Apartments, Inc.” having been
presented and examined, and it
appearing that the application is
within the purview of the law,
and it further appearing from the
certificate of the Secretary of
State that the name of the pro
posed corporation is not the name
of any other existing corporation
registered in %,
IT IS ORD AND AD
JUDGED that said application be
hereby granted and a charter is
asranted unto Myrna Court Avart
‘ments,”lne., with all of the rights,
vowers, privileges and immuni
ties as prayed in said application
and ag authorized by the laws of
Gerrzia. . Q 1
t Chamber thens, Clarke
Cdunty%edr?gia e Olark
This 19th day of August, 1950,
dHE}gRY H, WEST
J uperior Court,
Wesm Cireuit,
Filed In Office
This 19th day of August 1950.
E. J. CRAWFORBD, Clerk
Clarke County, Georiia
A-25--8-1-8-15
GEQRGgA. Clarke County:
To the Superior Court of said
County:
The petition of Robert Rein
hardt, R. E. Harman and John E.
Griffin respectfully shows:
1. That petitioners desire for
themselves and their assopciates
and successors to be incorporated
under the name and style of Fra
ternity Buying Association, pf‘uc.,
with the principal office and place
of business located in Clarke
County, Georgia.
2. The Post Office address and
residence of each of the petition
ers above named is as follows:
Robert Reinhardt, Sycamore,
Milledge, Athens, Georgia; John E.
Griffin, Athens, Georgia.
Georgia; R. E. Harman, 285% S,
3. That the said corporation shall
have no capital stock and is not
organized and shall not be operat
ed for pecuniary gain or profit.
4. That none of said corpora-
Linn's property shall inure so the
enefit of any private individual.
5. The general nature and scope
of the business to be transacted,
and the corporate powers desired
are as follows:
(1) To act as agent in the pur
c¢hasing and distributing of such
eeds as foods, fuel, &rniture,
ixtures, repairs, maintenance, etc.,
or the various fraternities, soror
ties and non-profit or%anizations
which the Board of Trustees of
said «corporation accept for mem
bership in said corporation, |
(2) To have all of the porvers
and enjoy all of the privileges
enumerated in Sections 22-18327
and 22-1870 of the Code of Geor
gia, 1933, and all of the other
powers and privileges in Chapters
22-18 and 22-19 of the said code;
all of said powers and privileges
being made a part hereef to the
same extent as if the sanre were
quoted herein in full,
6. That the corporation shall be
authorized to aceept contributions
in any form and in any manner
made upon such conditions as may
be imposed by the contributor,
provided the condition falls with
in the objects of the corporation.
7. Time for which the said cor
poration is to have existence is
thirty-five years with privilege of
renewal.
8. The affairs of said corporation
shall be managed by a Board of
Trustees consisting of not less
than four, nor more than twelve,
members.
9. Petitioners present herewith a
certificate issued by the Secretary
of State that there is no other cor
poration of the same name regis
tered in the State of Georgia,
WHEREFORE, petitioners pray
that they may be incorporated wn
der the name and style aforesaid,
with all of the rights and privil
eges herein set out, and such ad
ditional powers and privileges as
may be necessary and incident to
the conduct of the business of said
corporation, and as may be allow
ed like corporations under the
laws of Georgia as they now are,
or may hereafter exist.
JOHN E. GRIFFIN,
Attorney for Petitioners.
ORDER
| The foregoing petition of Rob
ert Reinhardt, R. E. Harman and
John E. Griffin, to be incorporated
under the name of Fraternity Buy
ing Association, Inc, being read
and considered, and it appearing
that said petition is within the
purview and intention of the laws
applicabie thereto, and that all of
said laws have been fully com
plied with, including the presen
tation of a certificate from the
Secretary of State; it is hereby
ordered, adjudged and décreed
that all of the prayers of said pe
tition be granted, and that said
petitioners, their associates, suc
cessors and assigns be hereby in
corporated under the name and
style of Fraternity Buyin{g, Asso~
ciation, Inc., for a period of thirty
five years, with the privilege of
renewal at the expiration of that
time according to the laws of
Georgia, and said corporation is
hereby granted all of the rights
and privileges in said petition.
This 18th day of August, 1950.
HENRY H. WEST,
Judge Superior Court, Clarke
FOR THE BEST IN ‘
~ AUTOMOTIVE SERVICE
ALWAYS COME TO =~
pesoto SILVEY'S rpLymoutH
Man and wife, one or two children;
Syearpoliey .... ... ..
Man and wife with three children;
Syesrpaliey .... ... . c.es ki O
Man and wife, 4 childrn or more;
Syoar policy ... civc vanw snri sNN
PAYS $5000.00 PER VICTIM
SMITH-BOLEY -BROWN, Inc.
Telephones 3076 and 3077
PAGE FIVE
quity, G.NSFM, il
.gawog and order dig
August, o r e RENR S ST
. J, CRAWFORD, S
Clerk Superi?v Court, e
Clarke County, Georgia. it
A 25, § 1-815,
e et ——————————
SRRy
Athens %fi:gboq
An election to determine wheth=
er the Milk Control Act shall be
effective in the Athens Milk-Shed,
will be held Tuesday, September
5, 1950, in the Clarke County
Court House in Athens, Georgia,
Polls will be opened 1:00 o'clock
to 3:.00 P. M., Eastern Standard
Time,
Producers, Producers - Distrib
utors, and Distributors, having
cutrent effective City or County
Permits to sell within the Athens
Milk-Shed are elifiole to vote in
person or by mail. However, mail
ed ballots must be postmarked by
closing time Qffiolls.
The Athens Milk-Shed ingludes
all tgat territory lying within
Clarke County, Madison County
and Oconee County—with the ex
ception of Buncombe Precinct of
Oconee County, -
Copies of the Act fie available
at the office of the Chairman. Ta
obtain ballots to vote m 38-
dress C. G. Duncan, Chairman,
Milk Control Board, 407 State Of
fice Building, Atlanta, Ga.
August 25. ~
i
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