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Knoxville Classifieds > Legal Notices > Public Notices

Place A Notice online or call 865-693-5739. Knoxville Daily Sun is a paper of record.


Published September 30 through October 14, 2019



Default having been made in the payments of debts and obligations to be paid under the loan secured by that certain Deed of Trust, dated October 21, 1997, executed by Gibson and Epps, L.L.C., a Tennessee limited liability company (“Debtor”), to Myron C. Ely, as Trustee, and recorded in the Register’s Office of Knox County, Tennessee, under Instrument No. 199710220077241 (the “Deed of Trust”); and the undersigned, Michael Malone, having been appointed by BSCMS 1999-CLF1 Clinton Highway REO, LLC (“Lender”), the holder of said indebtedness and obligations, as Substitute Trustee under the Deed of Trust, said appointment being recorded in said Register’s Office under Instrument No. 201808100009295, as such appointment was amended by Instrument No. 201905280069676; and Lender having requested the undersigned to advertise and sell the property described in and conveyed to Lender in the Deed of Trust, all of said indebtedness and obligations having matured by default, this is to give notice that Michael Malone, as Substitute Trustee, will on

October 25, 2019

commencing at 12:00 p.m. (or noon) at the North entrance of the City / County Building located at 400 Main Street in Knoxville, Knox County, Tennessee, and at the entrance thereof, proceed to sell at public outcry to the highest and best bidder for cash the following described property (“Property”) situated and being in Knoxville, Knox County, Tennessee, to wit:

PROPERTY ADDRESS: 5727 Clinton Highway, Knoxville, Tennessee 37912  

Situated in the Fifth (5th) Civil District of Knox County, Tennessee, and within the 40th Ward of the City of Knoxville, Tennessee, and being known and designated as Lot 1 as shown by that certain Resubdivision of Lot 1, Kent McClain Subdivision of record in Plat Cabinet N, Slide 24A, in the Register's Office for Knox County Tennessee, and being more particularly bounded and described as follows:

Beginning at an iron pin in the southern right of way line of Clinton Highway, said iron pin being located North 68 deg. 56 min. 21 secs. East, 1560.01 feet from the City of Knoxville Control Monument #213; thence leaving Clinton Highway and along the line of Lot 2 of Kent McClain Subdivision, South 25 deg. 09 min. 41 secs. West, 234.22 feet to an iron pin; thence South 31 deg. 12 min. 47 secs. East, 31.77 feet to an iron pin corner to Lot 5, Norwood Hills 4th Addition; thence South 58 deg. 53 min. 47 secs. West, 200.16 feet to an iron pin corner to Lot 4 Norwood Hills 3rd Addition; thence along the northeast boundary line of Lot 4, North 31 deg. 05 min. 40 secs. West, 149.94 feet to an iron pin in the East right of way of Treemont Drive; thence along Treemont Drive, North 17 deg. 27 min. 45 secs. East, 66.30 feet to an iron pin; thence North 19 deg, 49 min. 51 secs. East, 178.50 feet to an iron pin; thence North 25 deg. 54 min. 52 secs. East, 13.71 feet to an iron pin; thence North 62 deg. 47 min. 51 secs. East, 61.39 feet to an iron pin; thence along a curve to the right, the length of 68.53 feet, a radius of 75 feet and an “I” angle of 52 deg. 21 min. 09 secs. to an iron pin in the right of way of Clinton Highway; thence along Clinton Highway, South 64 deg. 51 min. 00 secs. East, 137.80 feet to an iron pin, the Point of Beginning, according to the survey of William H. Shockley, Registered land Surveyor, Shockley Land Surveying, Morristown, Tennessee, dated 15 October 1997, Drawing No. P.O.

Being the same property conveyed to Gibson and Epps, L.L.C, a Tennessee limited liability company by Warranty Deed from Gibson and Associates, and Gary Epps, a partnership, dated October 16, 1997 of record in Book 2265, Page 1131, Register’s Office for Knox County, Tennessee; and further conveyed by to Gibson and Epps, L.L.C. by Partial Final Order of record as Instrument 201609120016943, Register's Office for Knox County, Tennessee.

All rights and equity of redemption, homestead, dower and all other exemptions are expressly waived by the Debtor in said Deed of Trust and title is believed to be good, but I will sell and convey only as Substitute Trustee. Title is to be conveyed subject to all prior liens, easements, covenants, conditions, encumbrances, and restrictions that may exist including, without limitation, any unpaid ad valorem taxes or other taxes, and also subject to any right to redemption that may otherwise exist.


IN ADDITION TO THE SALE OF THE AFOREDESCRIBED REAL PROPERTY, Michael Malone, as the duly authorized representative of the Lender shall sell concurrently therewith all personal property, as described in the Deed of Trust (and any Rider to the Deed of Trust), including but not limited to the following:

All fixtures, machinery, goods, documents, furniture and all other tangible personal property intended for use in or at the Property; any and all tenants, hereditaments, easements, rights of way, licenses, profits, privileges and other appurtenances belonging, relating or pertaining to the Property; all rents, security deposits, issues and profits, revenues, royalties, bonuses, rights and benefits under any and all leases or tenancies now existing or hereafter created of the Property or any part thereof; all judgments, awards of damages and settlements; all additions, accessions, substitutions or replacements to or for any of the foregoing; all products and proceeds of any or all of the foregoing, including, without limitation, cash and cash equivalents, tax refunds and the proceeds of insurance policies providing coverage against the loss or destruction of or damage to any of such collateral; and all of the Debtor’s after-acquired property of the kinds and types described in this paragraph.


The undersigned, as the duly authorized representative of the Lender, will convey only such title to the personal property as is vested in the Lender under the Tennessee Uniform Commercial Code. Lender has no actual knowledge as to any specific items of personal property or the quantity, condition or sufficiency of the personal property to be conveyed hereunder.

Other interested parties: Gibson and Epps, L.L.C.

The right is reserved to (i) delay the sale to another time certain or adjourn the day of sale to another day and time certain, without further publication and in accordance with law, upon announcement of said delay or adjournment on the day and time and place of sale set forth above; (ii) sell the Property at the time fixed by the last postponement or to give new notice of sale; (iii) sell the Property in such lots, parcels, segments, or separate estates as Substitute Trustee may choose; (iv) sell part of the Property and delay, adjourn, cancel, or postpone the sale of the remaining part of the Property; (v) sell the Property in whole and then to sell the Property in parts and to consummate the sale in whichever manner produces the highest sale price; (vi) to sell to the next highest bidder in the event any higher bidder does not comply with the terms of the sale.

This sale is subject to all matters shown on any applicable recorded Plat or Plan and any restrictive covenants, easements or setback lines that may be applicable. This sale is also subject to all matters that take priority over the Deed of Trust upon which this foreclosure sale is conducted or are not extinguished by this Foreclosure Sale including, but not limited to, any unpaid taxes and assessments (plus penalties, interest, and costs) which exist as a lien against said property; any rights of redemption, equity, statutory or otherwise, not otherwise waived in the Deed of Trust, including rights of redemption of any governmental agency, state or federal; and any and all prior deeds of trust, liens, dues, assessments, encumbrances, defects, adverse claims and other matters. This sale is also subject to any matters that an inspection, environmental assessment or accurate survey of the property might disclose.

THIS 23rd day of September, 2019.

/s/ Michael Malon
Michael Malone, Substitute Trustee
401 Commerce Street, Suite 900
Nashville, Tennessee 37219

Publication Dates: September 30, 2019; October 7, 2019; and October 14, 2019



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