Default having been made in the terms, conditions, provisions and payments made and provided for in that certain Note dated October 22, 2002, executed by Josephine Fleming and Sharon Carlton, said Note being evidenced by Deed of Trust dated October 22, 2002, of record in Book 2610, page 457, Register’s Office of Williamson County, Tennessee; wherein the Grantor conveyed the property therein described to Elizabeth J. Smith, Trustee, to secure the indebtedness therein described; the said Note and the entire balance of the indebtedness having been declared due and payable as provided in said Deed of Trust and Note, and payment not having been made as demanded; and the undersigned Russell J. McCann, having been appointed as Substitute Trustee in the place and stead of Elizabeth J. Smith, Trustee, said appointment being set forth in Book 7664, Page 339, Register’s Office of Williamson County, Tennessee, to secure the indebtedness therein described and all rights and obligations of enforcement; the payments due thereunder not having been made, and the entire indebtedness having been called due and payable as provided in said Deed of Trust; Notice is hereby given that I, the undersigned Substitute Trustee, or my authorized agent, under the power and authority vested in me by said Deed of Trust, and having been requested to do so by the lawful owner and holder of said debt, will on August 26, 2019 on or about 10:00 a.m., at the main entrance of the Williamson County Judicial Center, 135 4th Ave. South, Franklin, Williamson County, Tennessee, offer for sale certain property hereinafter described, where bidding will open and continue until the highest bid is ascertained and sold at public auction to the highest and best bidder for CASH, free from the equity of redemption, homestead and dower, and all other exemptions and rights of every kind that have been expressly waived in said Deed of Trust; subject, however, to the restrictions of record in Plat Book 1, page 116 and Deed Book 32, page 376, Register’s Office for Williamson County, Tennessee, the following described tract or parcel of land, and more particularly described as follows, to-wit: 

Land in the 9th Civil District of Williamson County, Tennessee, being Lot No. 28 on the Plan of Green’s Addition to the Town of Franklin, of record in Plat Book 1, page 116 and Deed Book 32, page 375, Register’s Office for Williamson County, Tennessee, to which reference is hereby made for a more complete description.




Being the same property conveyed to Josephine Fleming, unmarried and Sharon Carlton, unmarried, by Warranty Deed, from Habitat for Humanity of Williamson County, of record in Book 2610, page 454, Register’s Office for Williamson County, Tennessee.


Map/Parcel: 078B-D-006.00


Property Address: The property address is believed to be: 929 Green Street, Franklin, TN  37064.  In the event of any discrepancy between this street and the legal description of the property, the legal description shall control.


This sale is subject to any and all unpaid real estate taxes, all matters shown on any plat of record, restrictive covenants, easements and setback lines; including rights of redemption of any governmental agency, State or Federal; and any and all other prior liens or encumbrances against said real property.  Said sale is further subject to matters that an accurate survey of the property might disclose.

The property sold pursuant to this notice shall be sold “AS IS” and neither the Substitute Trustee nor the beneficiary of the Deed of Trust, nor any agent or attorney therefore, makes or shall make any warranty, whether express or implied, as to the condition, quality or quantity thereof, including, but not limited to, the enforceability of any lease affecting the property, the existence or absence of defaults thereunder or the effect of this sale upon the rights of any party under such lease. The Substitute Trustee shall make no covenant of seisin or warranty of title, express or implied, and will sell and convey the subject real property by Trustee’s Deed only.


The Substitute Trustee, or his agent, may adjourn or postpone the aforementioned sale of real property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time and place fixed by the preceding postponement or subsequently noticed sale, and without further notice make such sale at the time fixed by the last postponement, or may, in its discretion, give a new notice of sale. 


The failure of any high bidder to pay the purchase price and close the sale shall, at the option of the Substitute Trustee, be cause for rejection of the bid, and, if the bid is rejected, the Substitute Trustee shall have the option of making the sale to the next highest bidder who is ready, willing, and able to comply with the terms thereof. The proceeds derived from the sale of the property will be applied as provided for in said deed of trust.  If the Purchaser at Foreclosure executes an Affidavit that they will be Owner-Occupants then Substitute Trustee may, in its discretion, offer the following Terms of Sale: Ten percent (10%) non-refundable deposit at time of sale, balance in cash or certified funds at time of closing; which will be held at a time and place of Trustee’s discretion, not to exceed thirty (30) days from the date of sale.  


This office is a debt collector.  This is an attempt to collect a debt and any information obtained will be used for that purpose.

Trustee:Russell J. McCann

1804 Williamson Court, Suite 201

Brentwood, Tennessee 37027

(615) 377-3319


Other Interested Party:Habitat for Humanity Williamson-Maury


This Instrument Prepared By:

Russell J. McCann

McCann & Hubbard

1804 Williamson Court, Suite 201

Brentwood, TN  37027



Publish Newspaper: Williamson Herald Editions dated: 7/25/19, 8/1/19 and 8/8/19


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