12:00 PM - 12:30 PM
The Davidson County Sheriff shall conduct an execution sale by virtue of the Judgment entered in the Davidson County Chancery Court against J. Carlton Smith, Jr., in case number 19-0060-II, and pursuant to the Execution issued by the Clerk and Master of the Davidson County Chancery Court in case number 19-0060-II. Such sale shall be conducted pursuant to the applicable provisions of the law of the State of Tennessee, including Sections 26-5-101 through 26-5-116 of the Tennessee Code.
The following property (collectively, the “Personal Property”) shall be sold at such sale by execution at public auction, as is, where is, to the highest bidder, with no warranties, including no warranty of merchantability or warranty of fitness for a particular purpose:
All the right, title and interest of J. Carlton Smith, Jr. in Collective Insurance Group, Inc.
The successful bidder must appear in person and adhere to the following terms of sale in order to purchase the Personal Property:
- The highest bidder must deposit at the time of the sale ten percent (10%) of the bid by cash or certified check with the Davidson County Sheriff. The highest bidder must pay the balance of the bid to the Davidson County Sheriff by cash or certified check within 24 hours of his or her bid being accepted by the Davidson County Sheriff. If the balance of the bid is not paid when due, the deposit shall be forfeited by the bidder and applied to the cost of this auction. Any party having a judgment in this action may participate in the bidding and credit will be allowed on its bid up to the amount of the judgment.
- Upon failure to make an appropriate deposit, the highest bidder shall lose the benefit of his or her bid and his or her deposit, and the Personal Property shall immediately be sold again unless a deposit of the sum required is made by a second bidder willing to take the highest bid price. The Davidson County Sheriff shall deposit the proceeds of the sale and any forfeited bids with the Clerk and Master of the Davidson County Chancery Court pending further Orders of the Court. Expenses of the sale (including court costs and Davidson County Sheriff's fees and expenses) will be deducted from the proceeds of the sale and any forfeited bids.
- The Davidson County Sheriff reserves the right to adjourn the sale, by oral announcement, to another time during regular business hours on a different day, but at the same place, so long as no potential purchaser is thereby precluded from placing a bid.
- The Davidson County Sheriff reserves the right to elect to delay the sale, by oral announcement, for a reasonable time during regular business hours on the same day, to be continued at the same place at the announced time, in order to enable any bona fide bidder to determine and submit a bid, so long as no potential purchaser is thereby precluded from placing a bid.
- The interest of J. Carlton Smith, Jr. in the Personal Property will initially be sold in one (1) lot to the highest and best bidder. However, the Davidson County Sheriff reserves the right to sell the Personal Property in such lots, parcels, segments, or separate estates as may accomplish the most advantageous result, and to this end, the Davidson County Sheriff may sell the Personal Property first in whole and then in part, and ultimately consummate the sale in whichever manner produces the most advantageous result.