Closing: The Sale

January 22-28, 2011, Vol.
3, Issue 4
28 Arts
The Mid-South World Dance Center brings the rhythms of global dance traditions to Memphis.
takeover looming? The rumor mill continues to paint medical device company Smith & Nephew as prime for an acquisition. The companys biologics division is based in Memphis. Page 12 UPPING THE ANTE: IDB grants U.S. Foodservice a 10-year, $7 million PILOT to keep the company in Hickory Hill. Page 29
31 Food & Wine Fredric Koeppel shares the story and the recipe for a Champagne cocktail of John Condy, longtime wine manager at Erling Jensen: The Restaurant.
{ closing the SALE }

WHAT THE ELECTROLUX DEAL MEANS FOR ECONOMIC DEVELOPMENT
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30 Arts & Culture
Youth is served at the Dixon Gallery and Gardens, where the exhibit 10 Under 30 showcases the emerging talent of students from the Memphis College of Art and University of Memphis.
weekly digest: page 2 Financial services: page 9 Real estate: pages 14-15 small business: page 24 public notices: page 33
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Baker Donelson and St. Jude Make Best Places to Work List
Memphis-based St. Jude Childrens Research Hospital and law firm Baker, Donelson, Bearman, Caldwell & Berkowitz PC have been named to Fortune magazines annual list of the Top 100 Best Companies to Work For. This is the first year St. Jude has been included in the publications annual list. The hospital reported $132 million in 2009 revenues. Baker Donelson moved from number 77 to 50. The law firm reported $22 million in 2009 revenues. St. Jude currently has more than 3,600 employees, while 123-year-old Baker Donelson employs more than 1,100. In compiling the list, Fortune partnered with the Great Place to Work Institute to conduct an extensive employee survey in corporate America. Two-thirds of a companys score is based on the results of the institutes Trust Index survey which is sent to a random sample of employees from each company asking attitudes about managements credibility, job satisfaction and camaraderie. The other third of the scoring is based on the companys responses to the institutes Culture Audit, which includes detailed questions about pay and benefit programs. Any company that is at least seven years old with more than 1,000 U.S. employees is eligible. This year, 311 companies partici-
pated in the survey. The Fortune magazine list is currently online, and the issue will be on newsstands Feb. 7.
Medical Device Cos. Partner With UM on MBA Program

The University of Memphis Fogelman College is offering a program specifically focused on the medical device manufacturing industry. Students who complete the program will be offered employment with sponsoring medical device companies at competitive salaries. Top medical device companies are partnering with the University of Memphis to provide recruited students with a full-tuition-paid global MBA with a direct industry track in the biomedical field. The full-time, work-study MBA program will require 21 months of learning core business subjects, industry-specific knowledge, and corporate management through internships. It will focus on recruiting, educating and training managers at mid-level and above in globalized business and specific medical industry subjects. Medical device companies require a skill set and knowledge base from their employees that are very specific to the industry, said Barbara DeVivo, the MBA marketing director at the University of Memphis Fogelman College. It is essential for medical
professionals to understand the regulatory pathway, product development cycles, and Medicare reimbursement, for example. These topics are never taught in graduate school. The knowledge is acquired through years of exposure in the industry. Students, who will be recruited locally, nationally and internationally, will each receive tuition payment and a $36,000 stipend for the duration of their enrollment.
the Brinkley Building parking garage near the law school. Registration is available online at www. memphis.edu/lawreview/symposium. php.
Memphis Real Estate Firm Plans $8M in Renovations

Financing for ALCO Management Inc. a Memphis-based privately held real estate firm has been secured and work has started on the first of four multi-family apartment communities slated for renovation throughout 2011. The recapitalization initiative is expected to transform 466 apartments at communities in Nashville, Memphis, Parsons, Tenn., and Camden, Tenn., through investments of more than $8 million. Our team demonstrated resilience and resolve in securing the commitments needed to facilitate these significant new investments, ALCO Management senior vice president and chief operating officer Robert D. Hyde said in a statement. Safe, clean and affordable housing is fundamental to the people and communities we serve. We know our residents will be pleased with the results. One of the four communities scheduled for renovation is the Saints Court Apartments, 994 N. Watkins St. The 128-unit community was built in 1947 and rehabbed
University of Memphis Law Symposium Planned

The University of Memphis Cecil C. Humphreys School of Law is hosting a symposium Feb. 11 on Memphis in the Law from 9 a.m. to 5 p.m. It will celebrate Memphis contribution to the legal community. Presenters and speakers will include Memphis Mayor A C Wharton Jr.; bankruptcy judge David Kennedy; attorneys Mike Cody, Charlie Newman and Don Donati; and more. Early registration, for $190, is in effect until Tuesday. Registration after Tuesday will cost $235. For people attending but not seeking CLE credit, the fee is $40. The fee includes meals and parking validation for
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weekly digest
in 1980. More than $2 million of renovation is expected to be done by fall. To finance the Saints Court renovation, ALCO Management will use a mix of bonds and a payment-in-lieu-of-taxes tax abatement issued by The Health, Educational and Housing Facility Board; a federally insured mortgage through Wells Fargo and the Nashville Housing and Urban Development office; Low Income Housing Tax Credits and Tax Credit Assistance Program funds through Tennessee Housing Development Agency; HOME funds through the Citys Division of Housing and Community Development and a first-time equity investment in affordable housing by Independent Bank. Memphis-based GSB Contractors Inc. will serve as general contractor for all four jobs.
mentally sustainable practices into daily operations.
Memphis Goodwill Wins Cville Chambers Top Honor

Memphis Goodwill has been honored with the 2010 Business Champion Award by the Collierville Chamber of Commerce. The award, which honors an outstanding business of the year, was handed out recently at the Chambers annual awards luncheon. Memphis Goodwill is very deserving of this award for the opportunities they provide to those who face difficult obstacles in their lives, said Fran Persechini, president and CEO of the Collierville Chamber of Commerce. We are truly blessed and proud to have them here in Collierville with two locations to serve our area. Memphis Goodwill opened in November its new Collierville store, which raked in more than $35,000 during its opening weekend. We were pleasantly surprised and completely honored by this recognition from the Collierville Chamber, said Tony Martini, CEO and president of Memphis Goodwill. We were thrilled that we had the opportunity in 2010 to expand our business in Collierville. Weve experienced the giving nature of this community and have received outstanding support of our retail operations. We look forward to being an active member of the business community for many years to come and to continue offering jobs and opportunities for those who face significant barriers to employment. Memphis Goodwill Industries is the third recipient of the Business Champion Award. It was first given to Philips Bodine Co. in 2008 and then to McGinnis Hardware Co. in 2009.
closed another of its local brick-and-mortar rental stores. The store at 9005 Highway 64 in Lakeland is holding a store closing sale and directing customers to stores near Germantown and in Bartlett for future purchases. The closing comes about four months after Blockbuster Inc. announced it had filed for bankruptcy protection, a moment that cemented the venerable rental chains decline amid the rise of DVD-by-mail services like Netflix. The Wall Street Journal reported this week that Blockbuster Inc. is asking bond-
holders for an additional $200 million to $250 million to help it exit from bankruptcy. The company saw a weak holiday season, according to the report. Ironically, for weeks after the bankruptcy announcement, a stack of letters to customers remained near the front of the Lakeland-area Blockbuster store. The letters read, in part, Your neighborhood Blockbuster stores are locally owned and operated franchise locations. The financial challenges of Blockbuster Corporation will have no impact on our local stores ... It is business as usual for this location.
Fire-Damaged Victory Reopens in Cooper-Young

Victory Bicycle Studio at 2294 Young Ave. in Midtown has reopened its doors after being damaged by fire in September. The full-service bicycle shop offers bikes and accessories, expert bike fitting, personalized training plans and maintenance for mountain, triathlon and road bikes. During the renovation period, small business owners Clark Butcher and Robert Taylor worked to further cultivate Memphis cycling community, working closely with local cycling teams, clubs and organizations. The duo said they had also worked with the city to promote Memphis cycling and help improve biking conditions.
FedEx Express Sets LEED Certification Standard

FedEx Express has made LEED Certification the standard for newly built U.S. facilities. The recently constructed FedEx Express Las Vegas facility is the first facility in the company to receive LEED or Leadership in Energy and Environmental Design certification, followed by FedExs Memphis World Headquarters LEED Gold certification under the U.S. Green Building Councils LEED for Existing Buildings Rating System. FedEx is taking another step toward our goal to conserve energy, help the environment, and create better places for our customers and team members, FedEx Express vice president of properties and facilities Don Colvin said in a statement. This certification is third-party verification that FedEx is being a good steward of the planet. The new LEED certification requirement also underwent internal review to ensure it meets the goals of the FedEx EarthSmart Solutions program an environmental branding program encouraging team members to identify innovative solutions and programs that go beyond industry standards to reduce the companys environmental impact. FedEx has also made tremendous investments in alternative energy, hybrid and electric vehicles, more fuel-efficient aircraft, as well as philanthropic and volunteer programs that integrate environ-
John Pruett Architects Receives Recognition

The January 2011 issue of Green Building & Design Magazine profiles the recent successes of Memphis-based John Pruett Architects. The magazine cites JPAs adaptive reuse and green repurposing as a boon to developers seeking to overcome economic challenges by adapting existing structures for new uses. The magazine noted the design quality of totally new structures created by JPA, such as the outpatient facility for the Memphis Regional Gamma Knife Center, and the firms design work on the 200,000-squarefoot, domed library at the University of Memphis. The article also highlights JPAs willingness to take on projects of any scale, utilizing its knowledge of green technologies to boost energy efficiencies in high-profile projects, such as the 20-story, LEED-certified Medical District Bioworks Hotel.
Blockbuster Closing Lakeland-Area Store

Blockbuster Inc.s local franchisee has
4 January 22-28, 2011
weekly digest
First American to Recognize Stokes as Top Five Seller

First American Home Warranty will recognize Christy Stokes ranking as a national top five seller at its annual awards meeting in San Francisco Jan. 19-21. Stokes will be honored with the Circle of Excellence Award for the third year. She will also be recognized at the First American divisional awards in March for more than four years of sales achievement in the home warranty industry. Before I got to the corporate world, I was just kind of a mom, Stokes said. With four and a half years to have gotten to be in the top five nationally and have worked my up and to be in the real estate industry with such fabulous people to learn from is mind boggling and quite an honor. Stokes also is a member of the Memphis Area Association of Realtors, where she teaches continuing education classes and was recently awarded the 2010 affiliate of the year award. In addition, Stokes is in charge of public relations for the Womens Council of Realtors.
Charities of Memphis. Agape North is a Collierville-based Christian clothing company that makes polo shirts, caps and quarter-zip sweaters. Through the companys Agape North Foundation, $7 of each item purchased will go to a charity like Ronald McDonald House. Agape North chose to work with Ronald McDonald House of Memphis, because we know that all good things start from children, said Joe Williams, founder of Agape North Foundation. Ronald McDonald House of Memphis is one of those organizations where you can see the difference your donation is making.
provide leadership as MAAR continues to be the voice for the local real estate industry, MAAR executive vice president Jules Wade said in a statement. We so appreciate their service. MAARs 2011 preferred sponsors, all of whom sponsored the Inaugural, include: First American Home Buyers Protection, Magna Bank, Tennessee Housing Development Agency, Wells Fargo Home Mortgage, and Wendy Thompson at Patriot Bank Home Mortgage. One of Tennessees largest local realtor organizations, MAARs 4,000 members have served and represented Mid-South real estate professionals for more than 100 years.
MAAR Installs 2011 Officers At Annual Inauguration Gala

The Memphis Area Association of Realtors announced its 2011 officers and board of directors at its annual inauguration gala last week. The officers are: Leon Dickson of BenchMark at Southwind, president; John Stamps of Prudential Collins-Maury Inc., vice president; Walter Allen of Integra Realty Resources, secretary-treasurer; Carol Lott of Prudential Collins-Maury Inc., presidentelect. These dedicated professionals will
Haslam Names Interim Education Commissioner

Tennessee Governor Bill Haslam rounded out his cabinet nominees with an interim pick for the key post of state education commissioner. But in Memphis last week for the Martin Luther King Jr. Day holiday, Haslam said Patrick Smith wont hold the position very long. Smith is executive director of the states Race to the Top oversight team. Tennessee was awarded $500 million from the federal education reform program last year. Haslam is mounting a national search for a permanent education commissioner and
said the administration has already talked with several top candidates. We should have a director I think in the next week or so, he said after a tour of the National Civil Rights Museum. Haslam also reacted to criticism of an executive order he signed shortly after taking the oath of office that limits his cabinet members and his administration as a whole to financial disclosures that list sources of income and investments but not amounts. Its the same standard now in place for Tennessee legislators but less information than required under the administration of his predecessor Phil Bredesen. I think its important that people understand where your source of income is and where your investments are, Haslam said. The amounts, I dont think, are important. I think its important where it comes from.
State Lawmakers Push Anti-Tax Proposal

Two Republican members of the Tennessee General Assembly have filed a proposed constitutional amendment banning a state income tax and payroll tax in Tennessee. The resolution from state Sen. Brian Kelsey (R-Germantown) and Rep. Glen Casada (R-College Grove) specifies that the legislature as well as Tennessee counties and cities shall be prohibited from passing either
Agape North Foundation Donates to McDonald House

Agape North Foundation LLC has donated $10,000 to Ronald McDonald House
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January 22-28, 2011, VOL. 4, NO. 4
an income tax or a payroll tax. Kelsey said the measure would cement Tennessee as a top state in the Southeast for high-quality jobs.
STCCs Early Childhood Center Gets Accreditation

The Early Childhood Education Center at Southwest Tennessee Community Colleges Union Avenue campus has earned accreditation from the National Association for the Education of Young Children. To earn NAEYC Accreditation, The Early Childhood Center went through a self-study process, measuring the program and it services against the 10 NAEYC standards and more than 400 related accreditation criteria. The program received accreditation after an on-site visit by a NAEYC assessor.
TEUs. Prince Rupert in British Columbia, Canada, was the only port to experience an increase from the prior month. The big question is whether conditions will settle down and predictability will return, said Dan Smith, principal with Philadelphia-based The Tioga Group Inc. Living with unreliability may be the price of surviving the recession, but the industry and its customers cannot afford to pay that price indefinitely. As trade recovers, terminals fill, and truck and rail capacity becomes tight, there will be less margin for error.
Senior Reporter
bill dries
Dries, from Memphis, has been a reporter for more than 30 years. His career stops include The Commercial Appeal, WHBQ AM, WREC AM and WLYX FM 89 way back in the 1970s! He now covers legal issues and other news. 528-5277 | bdries@memphisdailynews.com
President & CEO PE T E R SCHU T T General Manager Emeritus E D RAINS Publisher E RIC BARNES Associate Publisher & Executive Editor JAM ES OVE RST RE E T Managing Editor L ANCE AL L AN WIE D OWE R Deputy Managing Editor E RIC S MIT H Senior Reporter B IL L D RIES Senior Reporter ANDY ME E K Reporter SARAH BAKE R Reporter AIS L ING MAKI Associate Editor KAT E S IMONE
Smart Works Out Cemetery Plea Deal

One-time Forest Hill cemetery and funeral home owner Clayton Smart has reached an agreement with prosecutors in Memphis, Oklahoma and Michigan to plead guilty to tax and theft charges federal and state. The general agreement was reached last week among attorneys with some details still to be worked out about the timing of the pleas in court. Smart was indicted in April 2007 in Memphis on state charges of conspiracy, theft and money laundering. He allegedly told those with burial policies and funeral plans at Forest Hill there was not enough money in the businesses state regulated trust funds to do what the policies and plans promised. The indictment claimed Smart and others diverted $20 million from Forest Hill trust funds over two and a half years for their personal use. The charges in Oklahoma and Michigan made similar allegations. The claim triggered not only state criminal charges but a tax evasion indictment by Memphis federal authorities, civil cases and the appointment of a receiver to manage the affairs of Forest Hill. Smart has been jailed since turning himself in on the Memphis charges in 2007. He is expected under terms of the agreement to plead in Memphis to one count of theft of property of $60,000 as well as several other counts, and to one federal count of tax evasion. Restitution is part of the plea deal, but Smarts attorney Lee Gerald declined comment on a specific amount.
Senior Reporter
andy meek
Meek, from Memphis, covers politics, the business community and other news of general interest. He has won awards from the Tennessee Press Association and the Society of Professional Journalists. 528-5279 | ameek@memphisdailynews.com
Retail Federation Reports 2010 Shipping Volume

The combination of East Coast and West Coast ports are forecast to have imported a total of 16.3 million twenty-foot equivalents (TEUs) in 2010, a 17.4 percent increase from 2009, according to the National Retail Federation. The West Coasts total import volume in November was 905,000 TEUs, a 14.7 percent increase from November 2009. The East Coasts total import volume in November was 456,000 TEUs, a 10.6 percent increase over the same month of 2009. Imports at the Port of Charleston, S.C., were down 10.4 percent in November, falling 5,000 TEUs to 45,000 TEUs. Despite the drop, this still equates to a 12.8 percent increase over the same month of 2009. Inbound volumes at Savannah, Ga., plummeted 23.5 percent in November, falling 25,000 TEUs to 81,000 TEUs. Despite the decrease, the year-on-year change was still positive, with a 10.8 percent gain. Houstons October import volume decreased by 7,000 TEUs to 37,000 TEUs, which represents an almost 16 percent monthon-month decline. Imports at the Port of Los Angeles and Long Beach decreased by almost 7 percent in November, to 608,000
REPORTER
SARAH BAKER
Lead Pressman TOMM Y COON Pressman ROB E RT S H ANNON Graphic Designer & Photo Editor B RAD JOHNSON Graphic Designer E M ILY MORROW Graphic Designer JE N S IM M ONS Senior Production Assistant SANDY YOU NGB LOOD Administrative Specialist MARS H A PAYNE Senior Account Executive JANICE JE NKINS Account Executive TAM M Y B RYANT Advertising Director D ON FANCHE R Business Development Manager PAT RICIA Mc KINNEY
Sarah Baker covers commercial and residential real estate, transportation and logistics. A native Memphian, she previously worked for two regional magazines in Knoxville. 521-2464 | sbaker@memphisdailynews.com
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AISLING MAKI
Aisling Maki covers health care, the nonprofit sector and small business. Her career has included newspaper and magazine writing, broadcast and new media. 528-8622 | amaki@memphisdailynews.com
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JONATHAN DEVIN
Marketing Manager D ONNA WAGGE NE R Circulation Coordinator KARITA CREWS Controller PAM M AL L E T T Customer Service PAT WIGGINS
Jonathan Devin is a full-time freelance writer covering arts and entertainment, food and other topics. He began writing professionally in 2001 while still working in nonprofit administration. 528-8625 | lallan@memphisdailynews.com
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Published by: THE DAILY NEWS PUBLISHING CO. 193 Jefferson Avenue Memphis, TN 38103 P.O. Box 3663 Memphis, TN 38173-0663 Tel: 901.523.1561 Fax: 901.526.5813 www.memphisdailynews.com The Daily News is a general interest newspaper covering business, law, government, and real estate and development throughout the Memphis metropolitan area. The Daily News, the successor of the Daily Record, The Daily Court Reporter, and The Daily Court News, was founded in 1886.
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Report: PR Industry on Track For Employment Growth

STACEY WIEDOWER | Special to The Memphis News
ublic relations is on track to becoming one of the nations fastest-growing professions, with a 24 percent rise in employment predicted by 2018, according to a recent New York Times report. The reasons for the rise are clear to Amy Howell, CEO of Memphis-based Howell Marketing Strategies. Businesses that initially reacted to the recession by slashing advertising budgets have realized the value of a comprehensive marketing strategy. Its time for PR and marketing to marry each other again, she said. In the 90s, they kind of split. With social media and the Internet and information 24-7 at your fingertips, you cant separate them anymore. Theres never a good time to stop telling your story. Now you have to tell it yourself, faster than ever before. Courtney Liebenrood Ellett, principal of Memphis-based Obsidian Public Relations, said the past year has been one of significant growth for her company the 5-year-old firm gained new clients, added staff and underwent two office expansions. Even during a recession or maybe because of the recession Im seeing more and more companies and not-for-profits turn to PR firms for strategic counseling and execution, Liebenrood Ellett said.
A strong public relations partner can be one of the most important competitive advantages for a company. More and more business owners are beginning to better understand the tangible value of our discipline and what it offers in a long-term fashion. She cited a study by Context Analytics that found that PR has a bigger impact on a companys bottom line than any other marketing or communications activity. People may be cutting advertising budgets, but were finding that the ones coming on board with us are expanding their PR spending, she said. Spending in the area rose, in fact, by 7.1 percent in 2008, according to a VSS Communications Industry Forecast. Another industry report found that PR spending is expected to increase 17 percent by 2016, compared to a 6 percent rise in advertising spending. I think the reason for the growth (in the PR field) is because people realize they cant just rely on advertising anymore, Howell said. Now you have the social media component, and you have to advertise some and you have to tell your story through the media, so PR is very important. If you had a toolkit and were told, You can have one thing in here; whats it going to be, Id pick the PR plan over
Its time for PR and marketing to marry each other again. In the 90s, they kind of split. With social media and the Internet and information 24-7 at your fingertips, you cant separate them anymore.
CEO, Howell Marketing Strategies
Amy Howell
anything else. Its one thing to get good publicity and another thing to leverage it. Memphis-based Red Rover Co., which offers sales training along with PR and marketing services, has seen client demand for PR services rise across the board. The agency is looking to add a full-time PR professional to its staff. In the recession, we found that the services clients tended to be most in-
terested in were our sales training and coaching services, said managing partner Lori Turner. But as weve seen that uptick in training, marketing and PR have held pretty close. Along with increased demand for PR services, Liebenrood Ellett added, theres increased demand for PR jobs. Im seeing a greater number than ever before in terms of resumes and inquiries about employment and internships, she said. For a single job posting in 2010, the company received more than 1,000 resumes. A lot were local, Liebenrood Ellett said. But Id say it was 50-50 local and across the nation, from Seattle to Miami to New York to Phoenix. There are a lot of individuals out there looking for PR jobs. And good PR talent people with the right combination of writing ability, people skills and sales ability is hard to find, Turner said. And the new economy coupled with the new world of social media, she said, means the ability to bridge that gap will become more valuable than ever. I think as we continue to rely on this instantaneous news process, over time were going to see the need for PR people get even higher, Turner said.
Its Time to Get Guerilla With Facebook Strategy

So you have a Facebook page for your company. Now what? More and more small- to mid-sized businesses have Facebook pages. Whats often missing, however, is engaging, relevant and fresh content. For many companies, maintaining the Facebook page can feel like one more time-consuming and unrewarding task. Heres the secret: its supposed to be fun. If conversations arent happening on your Facebook page, you need to think beyond tired old wall postings. Remember, the more Facebook users interact with your brand, the more loyal they become and the more likely their friends are to see their interaction. This can drive their friends to like your page as well. And loyal fans lead to buzz, which can lead to new business. Here are a few guerrilla approaches that are sure to get you noticed. discount code on your wall or One guerrilla Facebook have fans show their fan status tactic is like baiting. No, its in store from their phones. not related to fishing. Like Consider posting a bold baiting is where you give your statement related to your fans a reason to like your post brand, and posing the questo encourage interactivity with tion True or False to start the your brand. It doesnt even conversation. have to be realistic. Here are Coffee shop: True or some examples: Lori turner guerrilla sales false, Coffee can make you Ice cream store: Get 50 and marketing smarter. friends to like this page, and Auto dealer: True of false, well name an ice cream after Youre sexier in a convertible. you. The Facebook population is easily disPet store: For every new fan who likes tracted, and this simple tactic allows users us, well donate a dog bone to the shelter. to quickly respond and move on. Gym: For every fan you get to like us, Another related tactic is a fill-in-the well personally burn one of your calories blank post such as: for you. Cinema: The worst movie to watch You can promote your progress in with my parents is _____. reaching like milestones. Tell your fans Bar: If you see me ______, tell the barthat if you reach 1,000 fans, youll offer tender to cut me off. free or discounted merchandise. Provide a Feature a fan of the week from your fans with the most friends. Add a post to your wall and tag them, so their friends have the opportunity to see it. Consider including in your wall post your featured fans image from his or her profile page. Or, replace your companys main fan page photo (which is probably your logo) with your fans photo for the day. These tactics can personalize an otherwise business-focused Facebook fan page. The key with Facebook is to try new strategies and see if they generate response from the right target audience. Deploying new guerrilla Facebook tactics is inexpensive, so relax and have fun. Lori Turner is managing partner of RedRover Sales & Marketing, www.redrovercompany.com. You can follow RedRover on Facebook and Twitter.
January 22-28, 2011 7
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Second Phase Of Bike Plan Kicks Off

JONATHAN DEVIN | Special to The Memphis News
he second phase of the Memphis Metropolitan Planning Organization (MPO)s Regional Bicycle and Pedestrian Plan began last week with opportunities for public input. Organizers and participants hope to ride the current wave of public interest in bicycling and walking, which kicked off with the opening of the Shelby Farms Greenline last summer. Three public meetings have been scheduled; the next two are Feb. 9 and March 2, to be held at the Church Health Centers Wellness Center, 1115 Union Ave., said Kyle Wagenschutz, who in September was hired by Memphis Mayor A C Wharton Jr. as the citys first bikeway/pedestrian coordinator. Phase I of the plan, which took place at the end of 2010, included a public survey and an inventory of all city bicycle and pedestrian on-road facilities, namely bike lanes and route signs, and their conditions. (The survey) is basically about our current practices for bicycling, walking, moving around and transferring themselves from one place to another by means other than cars, Wagenschutz said. There were questions about (participants) perceived level of safety, how well they understand the local laws and ordinances, and the barriers that keep them from doing more bicycling or walking more often. Exercise was the No. 1 reason respondents gave for bicycling and walking, followed by recreation. Transportation for work or school was a close third, something that will help Wagenschutz and Wharton build a case for implementation of whatever plans are developed. Meanwhile, a lack of on-street bike routes was the No. 1 barrier to bicycling. The February meeting will look at onroad facilities like bike lanes. The March meeting will summarize the discussion of the previous two meetings. About 50 people attended the Phase I meeting in November, and Wagenschutz expects a larger crowd for upcoming meetings. If you look at the U.S. census data over the last five years, theres actually been a decrease in the number of people commuting to work by themselves in a car and an increase across the board in car
pooling, walking, and bicycling in Shelby County, he said. In general the survey confirmed a lot of the assumptions that bicycling advocates in Memphis have had for quite some time. It doesnt appear that the interest will decrease any time soon. Cort Percer, the manager of the Peddler Bike Shop on Highland Street who has followed the citys planning process closely, said that a sharp increase in sales and repairs which began when the Shelby Farms Greenline opened in August did not drop off until recently when temperatures dropped below freezing. The shops average wait time for a bike refit went from two weeks to three and a half weeks due to new demand. We didnt get caught up until Christmas, Percer said. Interest has also been renewed in the citys planning process, which actually began in 2003 with the creation of an ad hoc advisory council called the Bicycle/Pedestrian Advisory Committee (BPAC). The group met for two years, going through much of the same steps as Wagenschutzs plan. In 2005 it presented a formal proposal to Shelby County municipalities, which was never implemented. Its not the MPO that controls the implementation of the plan, said Anthony Siracusa, who co-founded BPAC. We found out that the Memphis City Council had never even seen the plan, much less adopted it. The city engineering division was just using it as a lose guide, but they didnt actually implement anything from the plan. But Siracusa felt confident that having a full-time city employee, Wagenschutz, devoted to the project would make a difference this time. He said it will fall to Wagenschutz to ensure the new plan is added to the citys Capital Improvement Projects budget and its Long-Range Transportation Plan, two things that did not happen in 2005 during the Herenton administration. Mayor Wharton is doing a lot of things that werent done previously, Percer said. One of those things really is making the city healthier. He realizes that to reach the young creative classes, you need exercise and outdoor lifestyle amenities.
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Join us for the first of 6 informational seminars. We will take a look at the state of the commercial real estate industry and discuss important issues and what the future holds. Cocktail reception to follow. $25 to register @ www.memphisdailynews.com/seminar
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8 January 22-28, 2011
LOGISTICS & DISTRIBUTION
Weather Softens Deltas Quarterly Earnings

SARAH BAKER | The Memphis News
elta Air Lines Inc. reported a $158 million fourth-quarter profit last week, a lower-than-expected number due to the December snowstorms. The Atlanta-based airlines net income was 19 cents per diluted share excluding special items. Delta operates one of its seven U.S. hubs at Memphis International Airport and is the dominant carrier here accounting for 209 of the 246 average daily scheduled flights during November, the most recent period available. Deltas cost per diluted share fell short of consensus of 24 cents, which had not been uniformly updated for the recent winter storm impact throughout the U.S. and western Europe. The storm reduced Deltas December quarter profit by $45 million due to approximately 4,000 flight cancellations. Despite Decembers limitations, Deltas net income for December was $1.4 billion excluding special items a $383 million improvement year over year. Including $851 million in special items, Deltas net income for 2010 was $593 million. Our 2010 results are among the best in Deltas history, said Richard Anderson, Delta CEO, during a Tuesday morning earnings conference call. These results re-
flect the success of our merger, the success of our network fleet and alliance strategies, the ongoing investments in our business, our stable employee relations and our commitment to cost discipline and debt reduction. Deltas GAAP net income was $19 million, or $0.02 per diluted share, for the December 2010 quarter. Adjusted net debt at the end of 2010 was $15 billion, a $2 billion reduction from prior year. Delta ended the year with $5.2 billion in unrestricted liquidity. Last years results include $313 million in profit sharing expense, including $38 million in the December quarter, in recognition of Delta employees achievements toward meeting the companys financial targets. Delta shared capacity discipline, limiting its all-in capacity growth for 2010 at 1 percent, with unit revenues up 12 percent. While the 2011 capacity plan is currently planned at 1 to 3 percent, Delta is watching fuel prices and is prepared to adjust capacity. Delta hedged 49 percent of its firstquarter fuel consumption. For the fourth quarter, it hedged 58 percent for an aver-
age fuel price of $2.47 per gallon, about 30 cents per gallon higher than last years period. Through the momentum we built in 2010, we expect to maintain our March quarter margins year over year despite more than $350 million in higher costs from the recent steep run-up in fuel prices, said Ed Bastian, Deltas president, in a statement. Industry-wide fare increases, combined with growth in Deltas ancillary products and services, will provide a more long-term, revenue-based solution to addressing the high fuel environment. Delta kept non-fuel unit costs flat for the year and reduced its adjusted net debt by $2 billion, with another $2 billion reduction targeted for 2011. In addition, Delta improved the efficiency of its fleet, better matching capacity of demand while reducing the total number of airplanes in its fleet by 5 percent. In the past two years, Delta has reduced its fleet by 101 shells and will continue these efforts in 2011 and beyond, with another 100 aircraft to be retired over the next 18 months. Another issue Delta tackled this past year was employee representation. Out of nine representation matters, Delta won all of them. Unfortunately, both the AFA and the
IAM had filed interference claims, putting their own self-interests in collecting dues above those of the Delta people who have made their opinions clear, said Anderson. As weve said for the past 27 months, were ready to begin the process of aligning pay benefits and work rules as a complete package when representation is finally resolved. We can start immediately if the AFA and the IAM would withdraw their spurious interference claims. Other completed tasks in 2010 for Delta was the merger integration and top line growth of 13 percent. Delta attributes this boost to higher passenger sales, revenues from ancillary products and services, contributions from cargo, the maintenance repair and overhaul (MRO) business, SkyMiles, Delta global services, MLT Vacations and Delta private jets. Were pleased with the results for this year, we have a lot of work ahead of us in 2011, and we know we can improve on our 2010 results, Anderson said. Delta has more than 75,000 employees and serves more than 160 million customers each year, offering service to 351 destinations in 64 countries on six continents. The Associated Press contributed to this report.
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January 22-28, 2011 9
FINANCIAL SERVICES
First Horizon Sees Q4 Loss

ANDY MEEK | The Memphis News
Magna Banks Bailey Named To Fed Council

irst Tennessee Banks parent company swung to a loss in the fourth quarter, a reversal the company attributed to its exit from the federal governments emergency bank industry rescue program established in 2008. Memphis-based First Horizon National Corp. reported a loss of $48.7 million, which included a negative hit of $63 million in costs related to its repayment of Troubled Asset Relief Program funds in December. The Q4 loss equated to 20 cents a share, compared with a prioryear loss of $70.6 million, or 30 cents a share. Analysts had expected the parent company of the largest bank based in Tennessee to report a loss of about 3 cents per share for the quarter. Repayment of First Horizons nearly $867 million in TARP funds came after a capital raise completed at the end of 2010. That and a return to profitability were two important milestones the company aimed for and then achieved in 2010. The Q4 results, however, mark a reversal for the banking company that returned to profitability in Q2 2010 after posting more than two years worth of quarterly red ink. Amid a continuing repositioning and shift in focus for the company, accompanying the quarterly results released Friday were charts of significant items for the quarter, which included $3.1 million associated with approved branch closures and $2.3 million in severance costs. Nevertheless, the company put the quarters results in a positive light, saying they set up First Horizon for a strong 2011. We are excited about our progress in 2010, said First Horizon CEO Bryan Jordan. We reached a number of milestones, and we see momentum building as we enter 2011.
We returned to profitability. We retired TARP while keeping our capital position strong. We significantly improved credit quality. We invested in technology that will improve the experience of our customers and employees as well as improve productivity and efficiency. Jordan said the priorities for 2011 include developing and deepening relationships with customers, improving credit quality and staying nimble and fast. He also noted the companys efficiency ratio that its working intensely to improve. Chief financial officer B.J. Losch told The Daily News recently the company still spends too much money for each dollar it takes in and that a significant amount of costs need to come out of the organization for the company to reach its goals. First Horizons expense ratio of 88.7 percent in Q4 reflects noninterest expense divided by total revenue. Among First Horizons other highlights of the quarter, pre-tax income for the companys core segments of regional banking, capital markets and corporate was $89 million, and quarterly consolidated pre-tax income was $13 million. Full-year pre-tax income for the core segments was $257 million, up 76 percent from 2009s pre-tax income for those segments of $146 million. Annual consolidated pre-tax income was $49 million for 2010. The companys regional banking efforts saw average core deposits up 15 percent in 2010 compared to 2009. Loans were down 1 percent year over year, but new consumer loan production was up 5 percent. In an analyst note sent out Jan. 3, Memphis-based Wunderlich Securities Inc. included First Horizon on a bank industry list of our top picks heading into 2011. And First Tennessee Bank commands more than 30 percent of the customer deposit share in the Memphis area, according to the latest numbers from the Federal Deposit Insurance Corp.
agna Bank chairman, president and CEO Kirk Bailey has been appointed for a one-year term to a new Community Depository Institutions Advisory Council working with the St. Louis branch of the Federal Reserve. The St. Louis Fed district encompasses Memphis, and it includes the states of Arkansas, parts of Illinois, Indiana, Kentucky, Mississippi, Missouri and Tennessee. St. Louis Fed president Jim Bullard announced the appointment of 12 executives, including Bailey, to the new council. Its members were drawn from communities across the district, and the body will meet twice a year at the St. Louis Fed. There, theyll advise Bullard on local credit, banking and economic conditions. Community financial institutions are vital in creating and sustaining economic growth in our nations communities, Bullard said. As a key source of credit for small businesses, these institutions provide an important perspective on the relative health of the U.S. economy. The 12 appointees to our council are leaders in their communities and bring with them a diverse range of backgrounds and experiences that will help us paint a more complete economic picture of our region. I greatly appreciate their willingness to serve in this key role for the St. Louis Fed and for the Federal Reserve System. The council will hold its inaugural meeting March 1 and 2. Dennis Terry, president and CEO of First Clover Leaf Bank FSB in Edwardsville, Ill., was appointed chair of the group for a two-year term.
US Economys Expansion Story Has Just Begun

From Recovery to Expansion As we navigate the mid-section of the current advance, our analysis will benefit from differentiating dynamics associated with recovery and dynamics associated with expansion. To clarify this assignment, consider that although the S&P 500 remains 20 percent below its all-time high and is therefore still advancing in recovery, the S&P 400 Mid Cap Index has now reclaimed its all-time high and is therefore now advancing into expansion.Economically, the USA peaked in the 2nd quarter of 2007 with real GDP of $13.36 trillion and closed the third quarter of 2010 at $13.28 trillion. While still technically in recovery, the U.S. economy will soon claim expansion. As we close in on this pivotal moment, the risk profiles change. The risks we have all grown accustomed to recede and new threats emerge. Expansion Evidence, Please Prior to the financial panic and resultant recession of 2008, the secular driver for economies and financial markets was the broadening and deepening of worldwide David Waddell prosperity the worldly investor due to forces of globalization. The emergence of China, India, Brazil, etc., brought terrific economic capacity and demand to the world stage as they adopted capitalist reforms. While the financial panic and recession of 2008 bent these economies, it did not break them. The power of the emerging economies progression, plus the fiscal and monetary stimulus provided by the developed economies, added enough thrust to resist the recessional gravitational pull of de-leveraging. Now, indications within the most threatened economies ( la the USA) suggest that self-sustaining momentum is building. For example, commercial and industrial loans expanded in the third quarter and gathered momentum in the fourth quarter. Renewed interest in business credit translates into productive investments and new jobs. An economy in recovery repairs balance sheets, an economy in expansion grows them. Now Fear This We have all become familiar with recovery risks over the last two years. Double dips, deflation, currency jitters, sovereign and municipal debt panics all threaten to return us to recession status. One by one, these fears will fade as favorable economic releases dispel them. But as recovery fears fade, expansion fears will grow. Across the planet, broad based commodity prices have hit record levels. Food inflation has become public enemy No. 1 and oil appears poised to eclipse $100 a barrel. Unit labor costs in Asia have surged. Markets already in expansion territory (Korea, Malaysia, Thailand, Philippines) are associated with economies in inflation territory and monetary authorities now in restriction territory. In summary, transitioning from recovery to expansion will not eliminate concerns, merely transition them. Concerns over inflation and over-vigilant central banks represent normal fears associated with maturing economic cycles. Concerns over the solvency of our households and financial system represent abnormal fears associated with financial panics and systematic dysfunctions. I am hereby releasing you from those fears. I am, however, requiring that you retain your government indebtedness fears and that you acquire inflationary fears. Dont despair markets climb a wall of worry, and based upon the expansion story just begun, we have more climbing to do. David Waddell, who is regularly featured in the Wall Street Journal, USA Today and Forbes, as well as on Fox Business News and CNBC, is president and CEO of Memphis-based Waddell & Associates.
10 January 22-28, 2011
Before You Forget: Respond To Alzheimers ASAP

Rays Take: At first its subtle. Your parent repeats the same story during a dinner conversation. Then your parent arrives on the wrong day for an appointment. You tell yourself its not a big deal. He or she is just tired. This is one of the dangers of Alzheimers disease a familys conspiracy of silence. It is dangerous on two fronts. First of all, there are promising new treatments to slow the progress of Alzheimers disease with early treatment. Secondly, denial prevents the individual from taking important financial and legal steps. This can ray & dana Brandon set the stage rays of wisdom for potential disaster. A financial planner, an attorney who specializes in elder care issues, and other experienced professionals can help the individual and their family by guiding them through the difficult but necessary steps: l Reallocating funds for necessary care certain assets are given more favorable tax treatment when used for long-term care. l A durable power of attorney for finances this document designates someone to make financial decisions when the person with Alzheimers disease cannot. It helps people with the disease and their families avoid expensive and cumbersome court actions that take away financial control. l A revocable living trust this document specifies how to manage an individuals property and assets in the event he or she no longer can. It designates a trustee and successor trustee to hold title to property and funds and carry out the individuals wishes. l Will creation or modification it is important that a person with early signs of Alzheimers creates or updates a will. As the disease progresses, the individual may be considered mentally incompetent, making a will invalid. Danas Take: As a social worker in a hospital setting, Ive seen the problems that can arise when a family member is considered mentally incompetent due to Alzheimers. The confusion and mistrust caused by the illness can make a tragic situation even more painful. Families with loved ones in the early stages of Alzheimers should be proactive in establishing legal documents regarding medical care. A hospice social worker can guide the individual and family through the documentation process. Documents should include a living will, which records a person's wishes for medical treatment near the end of life. Also, there should be a durable power of attorney for health care to designate a person to make health care decisions on behalf of someone with advanced Alzheimers. The new Tennessee Department of Health Advanced Directive Form does a great job of doing both. Go to health.state.tn.us/AdvanceDirectives/ index.htm. Ray Brandon, CFP, CFA, is CEO of Brandon Financial Planning (www.brandonplanning.com). His wife Dana has a Bachelors in Finance and is a Licensed Clinical Social Worker (LCSW). Contact Ray Brandon at raybrandon@brandonplanning.com.
E D U C AT I O N
Moving Forward
BILL DRIES | The Memphis News
Photo: Lance Murphey
Shelby County Schools board members listen to consultant Chuck Cagle speak about consolidation between Memphis and Shelby County schools. Attorney Cagle has played a role in at least five school consolidations.
ven before the Shelby County Election Commission set a March 8 referendum date this week, the political discussion of school consolidation had already moved to who would control the transition. Thats if voters approve the Memphis City Schools charter surrender and merger with Shelby County Schools. The simple answer is the Shelby County Schools board. On that point, the attorneys for all of the players agree. But will it be the existing seven-member board or a countywide school board that includes a new majority of appointed board members from a new set of Memphis districts? Shelby County commissioners at their meeting last week on the once-a-decade redistricting process were already looking over some general scenarios for a countywide school board that includes Memphis. The commission draws its own district lines and those of the county school board. Commissioner Walter Bailey, who chairs the committee, said his goal is to prepare for a consolidated school board with a fair and balanced approach to the planning that is completely above board. I certainly wont say that we wont see a change that wont be fraught with politics. It will. Otherwise Id be trying to con you, Bailey said. There will be political maneuvering. But at least we want it to be fair political maneuvering. His ground rules include a weeks notice of any proposals before there is a committee vote. And several plans surfaced minutes
later. None were voted on by the group. The commission is still awaiting a legal opinion from County Attorney Kelly Rayne on how many countywide school board members the body can appoint if any. There are also still some lingering questions about whether the commission would appoint school board members or whether the present county school board does that by law. So far, the only thing Rayne is sure of is that the board would have at least seven members, its current size, and that the seven elected members now in place probably are allowed to serve out the remainders of their staggered terms of office. Tennessee law required staggered terms for school board members. Most commissioners expressing an opinion are confident enough to begin planning to make the appointments. Bailey wants to establish a fair appointment process. Commissioner Steve Mulroy proposed a statement of intent to appoint new board members within two weeks of the referendum and for the commission to accept applications in advance of that. The responsible thing for us to do is to be prepared for it to happen, Mulroy said. Commissioner Mike Ritz proposed three levels of transition to a permanent 13-member school board with single member districts starting in late 2014. The first transitional board would be 23 members, including 16 Memphians from single-member districts serving until September 2012. He included a unification plan-
ning commission to make nonbinding recommendations to the county school board on a transition. Commissioner Wyatt Bunker argued for treating the expanded school board as if it were an annexation with a gradual expansion of the school board keeping intact the existing seven districts outside Memphis. Bunker said it might also be easier to simply use the existing County Commission district lines for a countywide school board. The MCS board districts use the same boundaries as Memphis City Council districts with two at-large or citywide seats on the school board and two council super districts being the differences in structure between the two. Commissioner Chris Thomas argued for leaving the county school system intact and dividing what would be the old Memphis City Schools system. He also said the discussion of transitional school boards was comical. Were basically saying that were allowing some of the same city school board members that threw up their hands and surrendered because they cant solve their problems and they may be on the school board thats going to run the whole system and then theyre going to do the same thing to the county schools that theyve done to the city schools, Thomas said. I would encourage anyone listening out there to leave the county schools alone and yes, divide the Memphis City Schools into four smaller districts so those school children can be taken care of better.
January 22-28, 2011 11
R eal estate & development
Dickson Takes Reins of MAAR

eon Dickson prefers to concentrate on the future of the real estate market rather than dwell on the past. But one cannot fully understand Dicksons current tenure as president of the Memphis Area Association of Realtors without tapping into his history. A lot of the agents are still sort of looking for that old market to come back, Dickson said. Hopefully it will come back, but I think that we need to prepare for something different. Taking a new approach is a notion Dickson knows well. Growing up with 12 siblings, he was never once left emptyhanded. His father was able to open his own successful business, something that left a lasting impression. With all of the shortcomings and challenges that he had, if he was able to do that with such a small resource, I have no excuse not to do any better than what he did, Dickson said. A native Memphian, Dickson attended South Side High School and State Technical Institute of Memphis. But long before Dickson even considered obtaining his real estate certifications, he was a licensed cosmetologist. In 1986, Dickson opened a beauty shop at Winchester and Airways called the Hair Connection by Leon. While working in the salon, he endured a series of health issues, including orthopedic complications that prevented Dickson from standing and working the long hours that he needed to. After having Lasik surgery on his left eye, the harsh sprays and chemicals in the salon became unbearable. About two years after he opened the business, Dick-
dickson sons older sister suggested he look into the real estate industry. I always wanted to work in an environment where I could control my income and meet people and not just be locked into the same thing (every day), and so I gave real estate a try, he said. A full-time managing broker at BenchMark at Southwind Realtors LLC, Dickson spends a considerable amount of time in the office with his agents. He set up his business so that he has little or no time for sales, unless its a referral. I want to be available for my agents, I
dont want to be out competing with them, he said. I want to know that regardless of what the market is doing, our agents still feel good about the industry that theyre in. After being involved in the real estate industry for 22 years, Dickson was elected 2011 president of MAAR. A member of the trade association since 1989, he has seen the membership fluctuate, especially in the last few years. MAARs membership peak was in August 2007, when the count was about 5,400. As of October 2010, the organization had about 3,700 members. Were going through a transition, Dickson said. Were looking at what I would consider a new norm. Dickson plans to bring to MAAR what he practices in his own real estate firm partnership. He plans to use tools like additional education, technology and professionalism to encourage members to become more engaged. Were going to transition from just that membership mindset to a partnership, Dickson said. The end result will be Realtors in turncanbetter serve the community and their clients. Closely connected to this goal is MAARs focus on having Realtorswho employ the highest professional standards,
I always wanted to work in an environment where I could control my income and meet people and not just be locked into the same thing (every day), and so I gave real estate a try.
President, Memphis Area Association of Realtors
Leon Dickson
Dickson said. MAARhas a code of ethics that not only protects the integrity of real estate transactions, but the consumers andreal estate agents involved in those transactions. But Dickson isnt only active in real estate. In his down time, he enjoys working out, being outside and spending time with his family and two pit bulls. He plans to keep the salon not only because its in a good location, but he also plans to hand the business over to his two children one day. Regardless if hes at home or at work, Dicksons approach is the same. What ever happens during that day, it will be dealt with that day, and I move forward, Dickson said. I try not to get bogged down in terms of what the day may be like. If my attitude is right, regardless of what the circumstance is, Ill be fine.
Marketing for a Cause Effective Fundraising Tool

Part two of a two-part series. Cause marketing is one way that businesses and corporations support and promote nonprofit organizations. A cause marketing program allows a business to engage with nonprofits over and above their community relations program. As the name suggests, the emphasis here is on marketing, and that means that a business will draw on its sales and marketing resources to make the program successful. This can be a great benefit to nonprofits who often have more limited marketing budgets and who tend to have less reach than many businesses. Last week, we highlighted Chuck Hutton Toyota Scions current cause marketing promotion, We Care We Share. Adrienne Bailey, the CEO of Big Brothers Big Sisters of Greater Memphis, had In case you didnt called our attention to read last weeks column, the promotion after people go online and meeting with people vote to determine which from the dealership. local nonprofits will share This campaign holds $20,000 in funding. Six the promise of fundorganizations are nomiing and exposes us to a broader market in a MEL & Pearl shaw nated, but only four will FUNdraising receive funding. You make new way, she said. the decision! This week, we Tim Sampson, director of communitalked with other organizations who are cations for Soulsville Foundation, said, potential beneficiaries. We were really happy to be nominated Angela Bledsoe, director of development at the Exchange Club Family Center, and surprised to learn they knew about our charter school. If selected, funding said, We work with our clients very would be used for current programming closely and every donation is important. and possibly new programming. We are We are glad that Chuck Hutton thought trying to get word out about the promoof us and included us in the process. We tion using social media. I hope it is having got our volunteers, board members and an impact on Chuck Hutton. We have at staff involved. This provides us with an least one e-mail every day around here opportunity for people to read about the inviting people to vote. center and learn more about us. Our experience has shown that cause marketing programs can be an ideal way to engage a business with your organization. You dont have to wait for a business to approach you about an idea they have. You can take the lead by working with your board and volunteers to look at how you could create business partnerships. Many of the most successful cause marketing programs we have witnessed began with ideas that were developed within a nonprofit and presented to select businesses. When accepted the ideas were jointly developed. The sky is the limit. Joint benefit is mandatory. Participate in We Care We Share by visiting www.chuckhuttontoyota.org. Mel and Pearl Shaw are the owners of Saad & Shaw. They are the authors of How to Solicit a Gift: Turning Prospects into Donors. Visit www.saadandshaw.com or call 522-8727.
12 January 22-28, 2011
health care & biotech
Smith & Nephew Takeover Rumors Continue to Swirl

bating market pressures is the cost-hiking prospect of tougher regulatory standards both in the U.S. and Europe. All of these dynamics are forcing companies to cut costs to become more comespite Smith & Nephews attempts petitive, and one way to do that is through to quash rampant rumors that its mergers and acquisitions, which can help being targeted for takeover, Wall achieve economies of scale. Street seems to be sticking with the maxim Illingworth has publicly stated that that where theres smoke, theres fire. he expects to see increased merger and Analysts and industry observers seem acquisition activity in the certain that the medical market. device company is in play We want to be as broad as its stock has soared as we can while being recently, reaching near 52synergistic, he told a global week highs. health care conference in Smith & Nephew did San Francisco last week. not return calls for this So despite Smith & report. Nephew officials insisting Although company ofthat the company is not ficials decline to comment engaged in any discuson widespread reports that sions, which could lead to a it is in acquisition talks, merger or a takeover involvthe company did take the ing the company, analysts unusual step of releasing and industry observers a statement on Jan. 14 arent convinced. in which it reiterated its Christoph Gretler, an long standing policy of analyst at Credit Suisse, not commenting on press wrote in a note last week: speculation. We believe M&A considerBut Robin Young, CEO ations are unlikely to cool of PearlDiver Technologies down in light of the subInc., a Fort Wayne, Ind.stantial benefits of further based analytics company industry consolidation. tracking the global orthoMatrix Corporate pedics industry, told The Capital analyst Navid Malik Memphis News a possible told Reuters this week that Smith & Nephew takeover there is huge pricing presmay be nothing more than Photo: Smith & Nephew sure in the U.S. and until a rumor. Smith & Nephew engiwe see recovery in the jobs It really began with neers prosthetic demarket, elective procedures trade rumors from stock vices such as the Journey are going to continue to get market traders, he said. Deuce Bi-Compartmental delayed, so orthopaedics And traders are notorious Knee System above. companies are under presfor passing along speculasure. tion and rumor, and its usually wrong. It And Young, who also is publisher of was picked up by bloggers in the U.K. and it matriculated to the anonymous sources Orthopedics This Week, said the orthopedic industry is one of the most consoli The Daily Telegraph and worked up the dated industries in the world. media food chain to The Financial Times Seven companies ship 90 percent of and The Wall Street Journal. all orthopedic products. In hip and knee Still, the speculation continued this reconstruction, five companies just five week as Johnson & Johnson, Medtronic, sell nine out of every 10 implants, he said. Zimmer Holdings and Biomet are all reThis is a highly consolidated industry portedly interested in making a bid. already. So its hard to see where two of The British Daily Telegraph has been these large companies merging makes a aggressively covering the story, most strong business case. Its a tough case to recently reporting that an $11 billion bid make, really. from Johnson & Johnson was rejected last He said other medium-sized compamonth. nies, including a local one, are more attracThe British newspaper also reported tive acquisition targets. that Smith & Nephew CEO David IllingThere are other arguments that make worth and Biomet CEO Jeffrey Binder had more sense, he said. There are some planned to meet informally in New York medium-sized companies that have really this week but the meeting was canceled nice market shares. For example, Wright after the media learned of it. Medical has the leading market share in Rumors aside, the orthopedic industry hand, foot and ankle surgery, which, with has seen pressure to consolidate mount in recent years as the market has come under the aging baby boomers is itself really accelerating its footprint. strong pricing pressure. The Great RecesSmith & Nephew is the fourth-largest sion has compelled potential patients to company in the orthopedic device market, turn to older, lower-cost artificial hips or trailing Stryker, Zimmer and J&J subsidiary defer elective surgery altogether. ExacerAISLING MAKI | The Memphis News
DePuy Orthopedics, so it is not surprising that the company is in the crosshairs. Analysts say industry leaders like Stryker and Zimmer would enjoy immediate benefits from an acquisition. Even the smaller Biomet would make sense; in fact, Smith & Nephew targeted Biomet for takeover in 2007 only to be out-bid by a consortium of private equity firms led by Blackstone Group LP . Since buying Biomet for $11 billion, Blackstone, Goldman Sachs, KKR and TPG have been interested in Smith & Nephew. A Biomet and Smith & Nephew merger would create the worlds second-largest orthopedics company behind Stryker, according to the Royal Bank of Scotland. But the most likely suitor remains J&J, which has been very active in mergers and acquisitions recently. Additionally, J&J and Smith & Nephew compete head-to-head in many markets, meaning theres ample opportunity to cut costs. The Financial Times notes that such a merger would attract regulatory attention. The two companies would have a combined market share of 34 percent in reconstructive hip and knees, globally, and about 20 percent in orthope-
dic trauma. If a deal does get done, it could have a significant local impact. The company employs more than 2,000 people locally and is in the process of moving into its new 285,000-square-foot headquarters at Goodlett Farms in East Memphis, former headquarters of Harrahs Entertainment. The $42 million expansion, which includes hiring 160 people, will house the research, marketing and development functions of its global orthopedics division. It also will be a training facility for the orthopedics sales team and the companys sales team. The site includes 40 acres for future growth and expansion. Concerning to local officials is that if Smith & Nephew gets taken over, it might trigger a breakup or sell-off of some Smith & Nephew divisions notably its wound care and endoscopy divisions. Thats probably most likely if Biomet emerges with the winning bid because the privately owned company is carrying more than $5 billion in debt. The Memphis News staff contributed to this report.
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January 22-28, 2011 13
5 Things
1. 2. 3. 4. 5.
Youre Only as Safe as Your Weakest Link.
Everyone Should Know About Identity Theft:

e challenge in protecting your identity is that your personal information is everywhere. Even if you shred your private documents, or use secure websites and strong passwords, what about everyone else who has your Social Security number like your doctor, dentist or the 17-year-old clerk handling your credit application at the electronics store? e problem quickly becomes obvious: you may be doing everything right, but what about everyone else who has your information?
Once Your Social Security Number is Out, Its Staying Out.

If your credit or debit card is stolen, you can replace it, but what happens when non-changing information like your Social Security number is stolen? e fact is, once its out, its out. Identity thieves buy, sell and trade stolen information, using it over and over again for years. Is your Social Security number really secure?
Anyone Can Be A Target.

Recent news reports revealed that even the chairman of the Federal Reserve1 was one of the 9.9 million Americans who were victims of identity the in 2008.2 Other reports describe how one identity the ring was responsible for two of the largest the s in history, resulting in the the of more than 130 million credit and debit card numbers.3 ink you could be at risk? (See #1.)
How Protected Are You?

You may think youre protected, but are you really? Your credit card may be safeguarded; but that wont help if thieves open new lines of credit. Credit monitoring will only alert you once something bad has already happened. Neither method will help prevent identity the , nor resolve problems once youve become a victim.
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Source: Isikoff, Michael. Bernanke Victimized by Identity Fraud Ring. Newsweek. 25 August 2009. Web. 20 September 2009. 2Source: Javelin Strategy & Research. 2009 Identity Fraud Survey Report. February 2009. 3Source: Wallack, Todd. Hacker Pleads Guilty in Data Theft. The Boston Globe. 12 September 2009. Web. 20 September 2009.
14 January 22-28, 2011
real estate & development
City Unveils New Fairgrounds Plan

our months after Tiger Lane made its debut, the Wharton administration has rolled out a much more expensive and complex proposal for the continued remaking of the Mid-South Fairgrounds. All of the tentative pieces of the fairgrounds renovation would cost $185 million to develop. The plan is to finance all or some of them using sales tax revenue returned to the city for the financing of the project through use of a tourism development zone. Memphis Mayor A C Wharton Jr. has ruled out any use of general fund city revenue to pay for what is in the early planning stages. If that sounds familiar, its because that was how developer Henry Turley planned to develop the fairgrounds site toward the end of Mayor Willie Herentons tenure. Herenton never took the step of finalizing the citys relationship with Turley and Fair Ground LLC, the company Turley was part of, as master developer and proj-
On the one hand, a big box can generate a lot of revenue. On the other hand, if you cant get the revenue then you cant do all this stuff without putting taxpayer money into it.
Director, City Housing and Community Development
Robert Lipscomb
ect manager. The Wharton administration is going with an approach where there is no master developer carrying out a plan. The plan Wharton took to the council would come from the city with a site manager supervising work by contractors. The city would seek out developers for pieces through requests for proposals. There are other substantial differences from the Fair Ground plans of 2009. The sales tax revenue to finance the
project would come from an urban village set of boutique shops fronting on East Parkway between Fairview Jr. High School and the soon to be completed Salvation Army Kroc Center. Turleys approach was to generate the revenue through a single big-box retail store with perhaps outparcels of smaller retail businesses. And Turley wanted to do it on the East Parkway frontage where the Kroc Center is now taking shape. City Housing and Community Development Director Robert Lipscomb said a set of unique smaller shops wont cannibalize existing businesses nearby in Cooper-Young the way a big box might have. On the one hand, a big box can generate a lot of revenue, Lipscomb said. On the other hand, if you cant get the revenue then you cant do all this stuff without putting taxpayer money into it. It might produce revenue on that site, but overall will it really produce much revenue for the city of Memphis? Thats really the question. Turleys conclusion was just the opposite that a set of shops would cannibalize small businesses in Cooper-Young
while a big-box store wouldnt. But the Fair Ground pursuit of a Target big-box store at the same time developers of a nearby project on Poplar Avenue near Cleveland were also seeking Target as an anchor has left lingering questions among council members about city government pursuing commercial real estate development at the expense of private business. Wharton said the distinction is the city didnt buy up land to attract retail to the site. Ultimately, neither project got a Target or got off the drawing board. The new fairgrounds plans would also demolish The Mid-South Coliseum, unused for the last four years because its seating and other features dont comply with the federal Americans with Disabilities Act. There is also the anti-competition clause in the contract that brought the Memphis Grizzlies NBA franchise to the city 10 years ago. Lipscomb estimated renovation of the Coliseum would cost $30 million versus $26 million for a new facility. The plan envisions a new, much smaller, 5,000-seat multi-use sports facility elsewhere on the property.
INKED
TCBY Continues Yogurt Craze with Poplar-Highland Store

A TCBY franchise has signed a 1,225-square-foot lease in University Center, 3445 Poplar Ave., at the southwest corner of Poplar and Highland Street. The lessee is Neshoba Landholdings, which is subleasing the space to Eric Tushek Enterprises LLC. Rip Crain, owner of Neshoba, is also a partial owner in Eric Tushek Enterprises. The new TCBY The Countrys Best Yogurt will continue along with the current trend of self-serve yogurt. This will be Crain and Tusheks fourth TCBY location in the Memphis area. TCBY nationwide has found that the self-serve concept has really gone strong around the universities, Crain said. This TCBY will not only be self-serve, but it will be the first Memphis frozen yogurt shop that meets the requirement of the Super Fro-Yo classification. The new classification distinguishes between the industrys baseline levels of nutritionals as live active cultures, probiotics and dietary fiber compared to TCBYs super elevated levels that will redefine the healthy nature of its product. Aaron Petree, Loeb Properties Inc. vice president of leasing and management, represented the landlord. Barry Maynard, affiliate broker with Trezevant Realty Corp., represented the tenant. Maynard said Crain is looking to open several more locations in North Mississippi and West Tennessee. Its a great site; they wanted to get into that Poplar and Highland area, Maynard said. Itll do well. But the self-serve craze, Crain said, will eventually play itself out. Were about to get saturated and weve still got a
lot more coming, Crain said. On the coasts where this started, its starting to lose its luster and a lot of them are closing. One of the reasons Crain and Tushek took the location was because of its ability to convert to a traditional store with a drive-through when the trend loses momentum. Based in Salt Lake City, TCBYs first shop opened in Little Rock in 1981. Today, there are more than 600 locations in the U.S. and internationally. Other Loeb deals in recent weeks include Garden Districts 4,200-square-foot renewal and expansion at Sanderlin Place, 5040 Sanderlin Ave. Loeb senior vice president asset management Carey White represented the landlord. Garden District owners, Greg Campbell and Erick New, were not represented. Also, Tameka Walton, owner of Relaxx 25 Hair Salon, has signed a new 1,600-square-foot lease at 1651 Lamar Ave. Chris Heinz, Loeb senior property manager, was the landlord rep in the deal. Peria has renewed 1,200 square feet in the Belvedere Collection, 1680 Union Ave. Peria is a Memphis-based shoe boutique, owned by Peria Gober and Mackie and Jane Gober. Loeb senior property manager Bradley Wilford was the only agent involved in the deal. In other commercial leasing news, Suites Living Inc. signed a new 6,000-square-foot lease in Bartletts Davis Industrial Center, 5798 Ferguson Road. Suites Living is a franchise of Marriott and providesshort-term furnished housing for corporate travelers. The Chesterfield, Mo.-based company currently has a small single office, and this new location will be an expansion of that office, with its first warehouse loca-
tion in Memphis. Suites Livings lease fills the remaining vacancy left in the center. NAI Saig Co.s affiliate broker Elliot Embry and business manager and vice president Hank Martin represented the landlord, Cleveland St. Partners LLC. Bartlett Station provides (Suites Living) easy access to all points in Memphis, Embry said. ADC Integrated Systems Inc. signed a three-year, 2,950-square-foot lease at 1180 Vickery Lane, suites 100 and 101, in Cordova. Memphis-based ADC Integrated Systems is a fullservice provider of data collection hardware, software and systems. Jody McKibben, commercial broker with Investec Realty Services LLC, represented the landlord, BCH Investments. Michael Deen, president of Village Investment Properties LLC, was the tenant rep. Kathryn Byrd has leased 2,462 square feet at Pennmarc Centre, 6401 Poplar Ave., for her ophthalmology office. Laura Carpenter, CB Richard Ellis Memphis associate, represented Byrd. John Mercer, Highwoods Properties Inc.s director of leasing, represented the landlord. Brynnen Baker, affiliate broker with Trezevant Realty, has inked a pair of deals in Oxford, Miss.s Oxford Galleria Shopping Center. Rocky Mountain Chocolate Factory signed a new 1,520-square-foot lease, while Pretty Sweet Cupcakes and Cake Dcor signed a 915-square-foot lease. Send commercial lease announcements to Sarah Baker, who can be reached at 521-2464 or sbaker@memphisdailynews.com.
January 22-28, 2011 15
R E A L E S TAT E & D E V E L O P M E N T
Hopeful Architecture Report Also Brings Caution

STACEY WIEDOWER | Special to The Memphis News
or two years, architects have dealt with a sluggish construction market thats kept projects from moving off the boards and employees in a constant struggle for their jobs. A recent industry report paints a more hopeful picture for the profession as it moves through 2011 and into 2012; however, the overall tone of professionals in the field remains one of cautious optimism. Its not blowing and going, but I would say that people are at least beginning to take a deep breath and think about doing things, said Rusty Taylor, president of Memphis-based Evans Taylor Foster Childress Architects. 2011 might be a turning point. Most of our contractors we talk to think it might be 2012. It could be another long year for our business. The American Institute of Architects U.S. architecture billings index, a leading indicator that offers a nine- to 12-month glimpse into the future of nonresidential construction spending, rose more than 3
points in November to a reading of 52. A measure of 50 indicates expansion. The climb marked only the second reported increase in 2010. Firms in the South were among ones that reported a billings increase for the month, according to the AIA. Despite that positive news, hiring activity among local architecture firms remains static, said Heather Baugus Koury, executive director of the Memphis chapter of the American Institute of Architects. Activity hasnt varied, Id say, since early last year, Koury said. Weve seen very few job postings and new hires, and thats usually one of the signs that reflects major improvement in the economic balance within the industry. For Tim McCullough, a principal of Leininger McCullough Architecture in Germantown, 2010 marked the firms first full year in business. Although building a client base during one of the worst periods in the architecture industrys history has been a struggle, McCullough said he and partner Douglas
Leininger are entering 2011 with optimism. Weve been optimistic since we started. If youre not, youre going to drive yourself insane, he said. Projects for the firm so far include a Dunkin Donuts franchise store and the Tunica Animal Shelter. McCullough said he anticipates a pickup in client business this year. We think this spring is going to be better here in Memphis, he said. AIA Memphis is watching the local and national market closely for signs that might be the case. When work does begin to pick up, Koury said, the job market will reflect it. We havent seen it yet, she said. To us, its the best indicator locally that were starting to see stabilization and improvement and projects getting off the boards and back on schedule. Taylor said his firm has managed to retain its staff throughout the downturn, which hasnt been the case for many architecture firms and other construc-
tion-related businesses. Ongoing work from a slate of steady clients including St. Jude Childrens Research Hospital, the University of Memphis and several health care and corrections industry clients has pulled the company through the slowdown, Taylor said. We certainly, like everybody else, have been worried since the beginning, sometime in 2008, he said. We did a few things across the board up front to prepare for what we thought would be a shortening of work. Now, he said, the firm is holding steady but holding its breath, waiting to see the long-term effects the downturn will have on the construction industry. Generally speaking I do think people are feeling a little bit better, Taylor said. But what it comes back to, its all about the money. People have to have money to build things before we can design them. It depends on whether banks loosen up a little more and people begin to take risks maybe not like they used to take, but whatever the new new is.
R E A L E S TAT E R E C A P
Civil Rights Museum Files Permit For Phase One Redesign

KATE SIMONE | The Memphis News
2781 Democrat road Memphis, TN 38118 permit Amount: $13 million Project Cost: $13 million Permit Date: Applied January 2011 Owner: FedEx Express Tenant: FedEx Express Details: FedEx Express has filed a $13 million permit with the citycounty Office of Construction Code Enforcement to build a screening building, pedestrian bridge and stair tower at its Super Hub, 2781 Democrat Road, adjacent to Memphis International Airport. This latest improvement is part of a larger expansion of the Super Hub, the busiest sorting facility in FedEx Express global network. The permit lists a two-story brick main screening building, a pedestrian bridge over Democrat and a brick north stair tower at the entrance to the main facility. It follows a host of other permits the company has filed in the past year. FedEx last fall filed two permits for a $2 million fuel center and a $1.5 million recycling center, both of which are relocations as part of the larger facility expansion. With the expansion, we are having to actually move different buildings on the Memphis hub property, spokeswoman Sally Davenport told The Daily News in November. 37 lots in wolf river sale Amount: $2.3 million Sale Date: Dec. 29, 2010
450 Mulberry St. memphis, tn 38103 permit Amount: $1 million

Hu li
Mu
e Permit Date: Applied January 2011 Owner: State of Tennessee Tenant: National Civil Rights Museum FoundaNational tion Civil Rights Architect: Museum Self Tucker Architects Inc. Details: The National Civil Rights Museum E Butler Ave has filed a $1 million E Butler Ave permit application for renovations it originally NATIONAL CIVIL RIGHTS MUSEUM previewed last year. The permit, filed with the city-county Office of Construction Code Enforcement, covers phase one, including demolition of interior walls, roof and slab of the existing Lorraine Motel, rebuilding of the motel to include the collection storage of first floor and expanded exhibit on second floor. As announced in October, the updated museum will include a redesigned auditorium, a new floor plan, more interactive technology and a mezzanine overlooking the lobby. The plans also include an education center and more use of videos to explain the history of Memphis and the civil rights movement. The designer, as announced in October, is Howard+Revis Design Services of Washington. The architect is Memphis-based Self Tucker Architects Inc.
SM
ng Av
Buyer: Hallmark Builders Inc. Seller: ECG Memphis LLC Details: Hallmark Builders has bought 37 lots in Wolf River Ranch from Nashville-based ECG Memphis LLC for $2.3 million. The purchase includes 20 lots in phase IV and 17 lots in phase VII in the Collierville subdivision. Both phases are on the north side of Wolf River Boulevard northwest of its intersection with Byhalia Road. The lots are part of property ECG bought Dec. 28 from BCCTT LLC in a sale in lieu of foreclosure, according to sale documents. Cordova-based Hallmark Builders Inc. currently has a presence in Wolf River Ranch, as well as Windsor Place in Arlington, Crystal Lake in Collierville, The Vinings at Germantown and Arlington Oaks. 15 Addresses In Metro Memphis sale Amount: $1.3 million Sale Date: Jan. 5, 2011 Buyer: Nabsal Enterprises LLC Seller: BancorpSouth Bank Loan Amount: $1.2 million Loan Date: Jan. 5, 2011 Maturity Date: Jan. 5, 2016 Lender: BancorpSouth Bank Details: BancorpSouth Bank has sold to Nabsal Enterprises 15 properties it received via foreclosure sales in 2010. The properties belonged to David Miller LLC before BancorpSouth foreclosed on them. Nabsal paid $1.3 million for the bundle of properties, financing the purchase with a five-year, $1.2 million loan.
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16 January 22-28, 2011
Electrolux Deal, EDGE Formation Clear Committee

D owntown
Pushing Up and Ahead

vice president of Electrolux Home Products Inc. on a two-day tour of city and county governments got a few questions from Shelby County commissioners last week but mostly glowing comments during a committee session. The committee recommended approval of $22 million in bond financing for the countys contributions to incentives that will bring the appliance maker to Memphis. The full commission votes this week following the Memphis City Council approval of $22 million for the company Jan. 18. (For more on Electrolux, see the cover story, Page 20.) Tom Vining, vice president of engineering for Electrolux, said with a plant already in Springfield, Tenn., Electrolux is making Tennessee and the Interstate 40 corridor an epicenter of appliances. He also said incentives offered by city and county government and the state of Tennessee tipped the competition for the new plant to Memphis after Electrolux considered sites in two other states as well as five states in Mexico. Its rare Ive been able to do this in the U.S., he said of the decision to build what will be Electroluxs first new U.S. plant in 20 years. In other committee action, commissioners recommended the creation of a new economic development entity EDGE (Economic Development Growth Engine) that the city council approved last week. It, too, will be on this weeks agenda of the full commission. Like some council members, some commissioners had problems with not including at least one member of their body on the EDGE board as non-voting members. I want to be real careful about relinquishing what we have as our oversight authority, commission chairman Sidney Chism said. You were elected, not them, he added, referring to the appointees both mayors will make to the board. Commissioner Mike Ritz said it is a wonderful way to go. He said involving political leaders especially with two governments is an obstacle to recruiting businesses. We ask a business person to literally jump through a lot of hoops to do business with us, he added. It ought to be the other way around. Commissioner James Harvey argued for a middle ground. Theres nothing worse than a bunch of politicians involved in business decisions, he said, before adding elected officials should have some kind of voice in the new streamlined economic development entity which will put several tax incentive-granting bodies under the same umbrella. But ultimately EDGE made it through committee with no amendments and got the votes of nine of the 13 commissioners who will vote this week. Chism cast the only no vote.
Downtown has seen its share of big news, highlighted by Pinnacle Airliness deal to move to One Commerce Square, far left.
resh off a year capped by major office deals and new leadership atop the development agency that oversees it, its already clear the story of Downtown Memphis in 2011 will be dominated by forward momentum. A pattern developed over the course of 2010 bringing big moments for Downtown along with small fixes that will lead to lasting change. And the hope among public and private sector leaders is that pattern will continue over the next 11 months for the sliver of Memphis where the citys political, legal, tourism and entertainment industries are concentrated. The big moments include a deal Pinnacle Airlines Corp. inked at the end of 2010 to occupy 170,000 square feet on 13 floors of One Commerce Square. The Memphis-based regional air carrier will move about 650 employees to its new headquarters at One Commerce by November. Pinnacle moving into that building is a huge thing, said Duncan Williams, president of Duncan-Williams Inc. We hope sometime to be big enough to make that type of mark. Theres nobody who supports a thriving Downtown more than I do. And Pinnacle is only one example of office leasing momentum Downtown that hasnt let up. At Wednesdays meeting of the Center City Development Corp., the board will consider awarding a $12,500 grant to marketing and advertising agency archer>malmo. The firm, which currently has a sev-
en-year lease for several floors in The Cotton Exchange building at 65 Union Ave., recently acquired Cordova-based TMB Marketing Group. archer>malmo is planning to move TMB to the second floor of its building with a supplemental lease term of at least seven years. At the end of 2010, ServiceMaster by Stratos Inc. moved into the Lowenstein Building overlooking Main Street near Court Square. Le Bonheur Community Health and Well Being also signed a lease at 50 Peabody Place. The city appears to be close to finishing the development and financing terms for a revamp of The Pyramid arena into a Bass Pro Shops store. Center City Commission president Paul Morris hopes to keep that leasing and development activity going. But hes also got other more incremental changes on his mind. Morris told the South Main Association last week that one of the first things he did after getting hired by the CCC last summer was to read its charter. To his surprise, he found it gave him the authority to write parking tickets. Even though he delegated that authority, its an example of the quality of life and ground-level detail Morris thinks Downtown ought to focus more on in 2011. Id like to focus on the clean and green aspects of Downtown, Morris said. Id like to have a heightened level of service in keeping our public spaces clean and nicely landscaped. We also need to get the ball rolling on fixing up the infrastructure Downtown. We sometimes get the sense weve
done so much for Downtown already, but the facts are that from an infrastructure standpoint, Downtown has been virtually abandoned. The CCC recently identified several million dollars worth of high-priority infrastructure needs that ought to be addressed along Main Street. Thats separate from tens of millions of dollars worth of infrastructure needs elsewhere throughout Downtown. Sidewalks with potholes and patchwork, crumbling curbs, inaccessible alleys, and inadequate lighting have resulted from deferred maintenance and a lack of public investment, a CCC streetscape improvement plan reads. The CCCs parking arm is in the midst of an awareness campaign to make more Downtown visitors aware of Downtown parking options where the garages and lots are and what the rates and hours are. Some of the milestones the Downtown agency achieved in 2010 will have carryover effects into this year. They include securing a commitment from the city to have cops patrol the Downtown beat on bikes. As part of continued beautification efforts, the CCC corralled news bins Downtown so that now theyre secured to a contraption that looks like a bike rack. Before, theyd been arrayed haphazardly. Morris also thinks Downtown can handle more apartments. All of those ideas are pieces of what he said should be the goal of building a place to live for the next generation of citizens.
January 22-28, 2011 17
S mall business
Nashville-Based Angel Capital Group Launches Memphis Chapter

AISLING MAKI | The Memphis News
ith small business lending still challenging despite signs of economic recovery and loosening credit, a Nashville-based group that connects angel investors with entrepreneurs will launch its new Memphis chapter Thursday. Angel Capital Group (ACG) provides education and support to communities interested in establishing angel investor networks. It recently held the first in a series of monthly meetings for potential angel investor members. Were so pleased to be working with the community of Memphis, said Jason Denenberg, ACG director of investor relations. It is a great addition to our current networks in Nashville and Knoxville. Adding these new area investor groups will help us provide more funding than ever before, Denenberg said. More angel investors means more capital and resources for entrepreneurs and more deal flow for the whole group. There are amazing possibilities as we grow our network, and we look forward to helping more communities in the near future. In addition to Nashville and Memphis, ACG has chapters in Knoxville, Jackson, Miss., and Kansas City, Mo. The companys objectives are to provide above-average investment return for members, help entrepreneurs realize their business goals through private fund-
ing and ongoing support, and develop a local economy filled with successful ventures. We help establish networks to fund both local companies and companies that have come through other parts of the country through other networks, said Angel Capital CEO Rachel Qualls, who founded the company in 2007. What that means is that Memphis companies wont have to move to get the capital they need to get started, and companies we fund in Memphis will get backed by the full resource and power of the entire network, Qualls said. You get the best of both worlds; the companies stay local and you have both local and national money. Those companies get access to a much larger pool of resources. Qualls said ACG offers investors a free one-year trial. We dont charge angel investors anything the first year unless they decide to do an investment. It helps people be able to come and understand what angel investing is about and decide for themselves whether or not its for them. Once investors are recruited and evaluated, they meet once a month with their local angel investor group. On the other side, ACG also assists companies in preparing to raise capital. We service both sides and bring them together, said Qualls. Qualls said she had been trying for
Adding these new area investor groups will help us provide more funding than ever before. There are amazing possibilities as we grow our network, and we look forward to helping more communities in the near future.
Director of investor relations, ACG
Jason Denenberg
some time to get a Memphis network started when she was approached by Shelby County Connect, a group of entrepreneurs, civic and business leaders and others working to create a small businessfriendly climate in Shelby County. That groups leadership of small business owners includes Nita Black, managing partner of MAP Momentum and president of NAWBO Memphis; Tim Nicholson, founder and President of Big Fish; Tom Davis, president and CEO of arGentis Pharmaceuticals; and small business coach Robert Staub, who served on Mayor Mark
Luttrells transition team. Robert formed several work committees, which we were part of, said Davis, a small-business owner who founded his biopharmaceutical company in 2005. I identified various things the county needed that would help to develop business. Theres lots of information out there, but its in little pockets all over the community, and its hard for someone to figure out where it is, Davis said. We thought that if we can develop a process to make the information more readily available and easier to find, that could be very helpful to the community. Davis and his Shelby County Connect colleagues felt that there was a strong need for a formal angel network in Shelby County. We approached Rachel knowing her background and knowing what shes done, realizing shes already in Nashville and Knoxville, Davis said. It made sense for her to come here. She has access to capital outside the local area, as well. We found her program to be very attractive and pretty much what were trying to do. Were working with Rachel to form a formal network with the idea of having a source of capital for young businesses starting out here in Shelby County. The Angel Capital Group meetings are free and open to the public, but an RSVP is requested. Visit smallbizmemphis.com for more information.
REGIONAL BUSINESS
BBB Fields Increased Business Inquiries

MICHAEL WADDELL | Special to The Memphis News
ocal consumers are increasingly turning to the Better Business Bureau to find reliable services, despite the rise of a number of alternative websites that enable consumers to rate their experiences and leave feedback. Our Mid-South bureau received 606,000 inquiries last year, a 31 percent increase over 2009, said Randy Hutchinson, president of the Better Business Bureau of the Mid-South. The Mid-South bureau maintains reports on 25,000 companies, and 10,000 of those businesses have an actual grade. How many businesses in the Mid-South scored an F? About 1,000, or 10 percent of businesses with a rating. The branch also received 8,200 complaints during 2010, along with 127,000 requests for rosters of workers from specific industries. Both figures are up an average of 30 percent.
Hutchinson attributes the increases to two factors: More and more people are using the Internet, and the BBB increased its efforts toward better search engine optimization so that its reports and rosters appear higher on Google search lists. Several other online review sites, like Angies List, Trip Advisor, Yelp and Yahoo Local, let consumers post reviews and conduct discussions about their experiences with various businesses. The information from alternative rating agencies and services tend to complement the information that is available from the BBB, said Dr. John Gnuschke, director of the Sparks Bureau of Business and Economic Research at the University of Memphis. No single source of information is always comprehensive, so it pays people to check multiple sources to confirm information about a local business. The information age is now, and this is an example. Hutchinson also looks at all of the review sites as complementary because he
feels consumers should be equipped with as much information as possible. We encourage people to do as much research as possible, said Hutchinson. However, unlike most of the other sites, we are impartial. Most of our information and reports are based on actual complaints. In early 2009, the BBB adopted a new grading system that rates businesses from A+ to F. Prior to then, ratings consisted of only satisfactory and unsatisfactory. The new rating system is based on 16 factors, including, most importantly, complaint records. Other key factors are whether the business responds to disputes in a timely and professional manner and whether it adheres to honest advertising practices. The BBB also identifies and alerts the public about marketplace scams, working closely with the media and law enforcement. We are in the business to educate and protect people from scams, said
Hutchinson. A recent Federal Trade Commission study reported that 30 million Americans have been victims of scams in the past 12 months, and that figure is on the rise. The bureau recently notified consumers about various Twitter and eBay phishing scams a form of Internet fraud that aims to steal personal information as well as lottery and lending scams involving area businesses and phony job solicitations. Later this year, the BBB plans to introduce a new feature that will allow accredited businesses to include videos and photos of their work in the BBBs reports. Another change for 2011 will be BBB reports beginning to include new information such as hours of operation, refund policies and more. The Mid-South BBB formed in 1948 and now covers all 21 counties of West Tennessee as well as six counties in Northern Mississippi and Crittenden County in Arkansas. Today there are 125 BBBs across the U.S. and Canada that evaluate and monitor more than 3 million businesses and charities.
18 January 22-28, 2011
Y E A R I N R E V I E W: B A N K R U P T C I E S
Bankruptcy Trends Shift, Local Numbers Drop

ankruptcy attorney Jimmy McElroy, one of the Memphis courts top filers, has noticed a recent change in local bankruptcy trends. Today hes seeing older, more established individuals filing for bankruptcy. Thats a shift from the traditional notion of people filing when theyre younger and less experienced in handling their finances, or habitual filers who declare bankruptcy multiple times over the course of their lives. Some people have worked for the same place for 20 or 30 years and their plant shuts down, McElroy said. Im seeing people who youd think would be getting ready to enjoy their retirement, who had worked hard all their lives, and are really having financial problems. People are filing for bankruptcy who youd never think would ever have to file bankruptcy. One positive trend to emerge from the latest data is that bankruptcy filings in Shelby County declined slightly in 2010, falling 7.7 percent from about 19,500 in 2009 to 18,000 last year, according to real estate information company Chandler Reports, www.chandlerreports.com. Chapter 7 bankruptcies, those filed by the most hard-pressed debtors who usually get to wipe away most of what they owe, were down slightly with 5,416 in 2010 compared to 5,734 in 2009. Cordova saw the highest incidence of filings, followed by Southeast Shelby County, Hickory Hill, Westwood and Bartlett. Chapter 13 bankruptcies, which involve a court-ordered debt repayment plan, were down as well, with 12,489 last year compared to 13,687 in 2009. Frayser had the most filings, followed by Westwood, Oakhaven/Parkway Village, Whitehaven and Raleigh. McElroy said he doesnt foresee continued improvement in 2011 as the economic slump toils on. Were still having a lot of financial problems, he said. There are still a lot of foreclosures happening and a lot of people are still out there looking for jobs. I dont think the numbers are going to go down significantly. They might taper off slightly, but its going to be pretty steady. McElroy said that with so many job losses, he also has seen tremendous student loan debt something that can almost never be wiped out. Theyre in deferment because theyve lost their jobs, he said. Ive seen people who owe over $100,000 in student loan debt. Eventually, its going to catch up. It doesnt go away, unless you have some kind of a medical hardship to discharge student loans, but its really hard to do. If you have any kind of income, youll probably have to pay them back. In terms of businesses filing for bankruptcy, 2010 saw a total of 63 Chapter 11 filings, down from 73 in 2009.
Bankruptcies Decrease in Q4
The period from October to December of 2010 showed a slight decrease in individuals filing for bankruptcy in West Tennessee, according to The Daily News Online. The U.S. Bankruptcy Court for the Western District of Tennessee has offices in Memphis and Jackson, though debtors from anywhere can come to the district to file. Chapter 7 cases, also known as liquidations and typically the simplest and speediest type of bankruptcy for the hardest-pressed debtors, dropped from 1,309 in Q4 2009 to 1,202 in Q4 2010. Chapter 13 filings, or wageearner cases, which involve a court-ordered debt repayment plan, totaled 3,033 in the fourth quarter compared to 3,438 in the last quarter of 2009. The only slight drop suggests an anemic recovery in which individuals continue to grapple with job losses, foreclosures and mounting debts. Q4 2010 saw a slight climb in Chapter 11 filings, often used by businesses to declare bankruptcy reorganization. There were 17 compared with 15 in the same period in 2009. October was the busiest month for bankruptcy courtrooms in Q4 2010, on par with the same period in 2009. Also the same: December remained the least busy month for bankruptcy filings. Aisling Maki
Chapter 7 bankruptcies, those filed by the most hardpressed debtors who usually get to wipe away most of what they owe, were down slightly with 5,416 in 2010 compared to 5,734 in 2009.
One of the biggest bankruptcy stories from 2010 involved Looney Ricks Kiss Architects Inc., which spent the first half of the year worked to reorganize itself after filing for Chapter 11 in late 2009. The news sent shockwaves through an industry still reeling from dried-up financing for private projects and decreased business. Now known simply as LRK Inc., the company turned a corner in 2010 with a new look and a slimmer workforce. Our focus has been continuing to serve the clients that we have, Frank Ricks, the firms managing principal, told
The Daily News in August. And some of them are beginning to see their situation thaw out a little bit, so were seeing some signs of improvement, but I dont think any of us expect it to be a rapid turnaround. Also, prominent homebuilder David Miller filed Chapter 7 bankruptcy in 2010 citing $58 million in losses, a sign of the home construction industrys continued woes. And another high-profile bankruptcy with local shockwaves occurred when The Joseph-Beth Group, the Cincinnati-based parent company of Davis-Kidd Booksellers, filed for Chapter 11 bankruptcy in the fall. As part of its financial restructuring, the company announced that it was closing several stores, including locations in Cleveland and Charlotte, N.C. However, owner Neil Van Umm said that the Memphis store is a strong performing store and will continue on. He announced that the retailer would renew its lease in East Memphis Laurelwood Shopping center for a 10-year term.
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Whitehaven was worst off, followed by the Defense Depot area and Germantown, both with four filings. The 2010 filings included Wurzburg, a Memphis-based provider of supply-chain logistics and packaging that had been in business since 1908. Landsberg, a packaging, janitorial and food service shipping supply company, announced in May that it had obtained approval of a Memphis bankruptcy court to purchase Wurzburgs assets. Also, Performa Entertainment filed for Chapter 11 bankruptcy reorganization in 2010, just as Memphis Mayor A C Wharton Jr. announced that the city had finally reached a settlement that agreed to end more than a decade of litigation over the flow of money through Beale Street businesses.
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January 22-28, 2011 19
Y E A R I N R E V I E W: business licenses
2010 Biz License Filings See Decline from 2009

Q4 Biz Licenses Tick Up Slightly

More business licenses were issued by the Shelby County Clerks Office in the fourth quarter of 2010 compared to the same period in 2009. About 1,350 licenses were issued in Q4 2010, a slight increase from Q4 2009, when about 1,250 businesses licenses were issued. Hickory Hill Norths 38115 ZIP code had the highest number of Q4 permits issued. It was followed respectively by Whitehavens 38116, North Memphis 38107, University of Memphis areas 38111, Bartletts 38134, Oakhaven/Parkway Villages 38118 and Southeast Shelby Countys 38125. In Q4 2009, Raleighs 38128 ZIP code led the way with the most permits issued, followed by Hickory Hill Norths 38115, U of M areas 38111, Southeast Shelby Countys 38125 and Bartletts 38134. November ranked highest for business licenses issued in Q4. In Q4 2009, October saw the most licenses issued.
Hamida Pirani saw a need for a marketplace in Downtown Memphis, but the uncertain economic climate left her wondering whether the timing was right. She was enrolled in a college finance course, and the wheels started turning with added gusto when her professor pointed out the ways in which businesses launched during the recession had received prime deals on equipment and labor costs. We were not sure if we should take this step because its a very big investment for small people like us, she said. When you put all your savings towards a business like this, its difficult to take a step. But the Center City Commission helped us with getting a loan, and that kind of gave us a boost in doing this business. In late November, Pirani opened City Market and Deli at 66 S. Main St. The boutique grocery store sells local-made goods and offers diners cuisine with an international flair. City Market was one of 5,489 Tennessee business licenses issued by the Shelby County Clerks Office in 2010, according to The Daily News Online, www. memphisdailynews.com. That is a 9 percent drop from 2009 when 6,039 were filed. Unchanged from 2009, Hickory Hills 38115 ZIP code once again led the way, with 273 permits issued in 2010. Whitehavens 38115, Southeast Shelby
Countys 38125, Oakhaven/Parkway Villages 38118 and Bartletts 38134 rounded out the top five ZIPs in 2010. Despite the decrease in numbers last year, the mood among entrepreneurs remains one of optimism. At a recent gathering of local small-business owners, organized by the Greater Memphis Chambers Small Business Council Steering Committee, attendees occupations ran the gamut from attorneys, advertising executives and health care professionals to bakers and small manufacturers. John Duncan, vice president of member development for the Greater Memphis Chamber, said everyone was optimistic, enthusiastic and encouraged that the worst is behind us. Weve successfully navigated choppy waters, and everybody feels positive about what lies ahead, he said. As we talk about themes and content and what we want to do in 2011, it revolves around passion, positive mindsets, moving forward, learning from the past and making the adjustments as we go forward. It was a real upbeat, positive, fun gathering, and to me, that sets the tone for what weve just gone through and what lies ahead for all of us. He said that hes heard many local stories of positive outcomes that rose from the ashes of the recession. With some of the downsizing and some of the layoffs over the last 18 months,
a lot of people know people whove started and are starting their own enterprises in this marketplace, he said. Thats a positive sign that people whove been working here and are engaged and connected in this city in one respect or another are making adjustments and have chosen to stay here and start their own enterprise. Of the chambers more than 2,400 member businesses, about 90 percent are categorized as small businesses, defined as those with less than 100 employees. The chambers Small Business Council services include business education, networking opportunities and government advocacy for small enterprise. We have a group within the group here that organizes a breakfast series, a luncheon series, a sales summit and some mixers that cater to and focus on the small-business component of our market, said Duncan. The state of Tennessee in 2010 took an additional step toward giving entrepreneurs a boost when it created the Office of Small Business Advocate in June. In July, Joshua Helton stepped into his new role as liaison between Tennessees government and its half a million small businesses. There are really two core functions to this office, Helton said in September. One is to simply be a resource for information for people who are either starting a small business or whove already started a
Aisling Maki
small business in Tennessee. The other primary function is to act as an informal mediator between small businesses and the government entities that regulate them. If a small business receives communication from any state agency or department and they either disagree or dont understand it, they can contact me and we can help find a resolution.
Y E A R I N R E V I E W: law & the courts
Court Filings Show Mixed Bag for 2010

Q4 Court Filings Indicate Drop-Off
ourt filings were a mixed bag in terms of their volume for 2010. The three civil courts tracked by The Daily News Online (www.memphisdailynews.com) reported more filings in Circuit Court compared to 2009 and fewer filings in Chancery and Probate courts than in 2009. The year saw the rise of hospital liens as one of the top three categories of cases in Circuit Court. But divorces with and without children remained the top category in Chancery Court. Wills remained the top category in Probate Court. Circuit Court had 8,378 filings in 2010, compared to 7,082 in 2009. Chancery Court reported 2,331 filings in 2010, a drop from the 2,535 in 2009. And Probate Court experienced 1,081 filings in 2010, a decline from the 1,177 in 2009. Away from the numbers, the year in the
Fourth quarter 2010 court filings were down from a year ago and from the third quarter in all three civil courts tracked by The Daily News Online, www.memphisdailynews.com. Circuit Courts 1,739 Q4 filings were one below the Q4 2009 tally with an even bigger drop from the 2,143 filings in Q3 2010. Divorces with and without children remained the dominant case category followed closely by hospital liens and auto accidents rounding out
the top three types of cases. Chancery Court recorded 529 Q4 filings, most of which were divorce cases followed by adoptions and workers compensation claims. The total compares to 548 filings in Q4 2009 and 580 in Q3 2010. Probate Court had 229 filings for the last three months of 2010. That compares to 270 filings in Q4 2009 and 259 in Q3 2010. Bill Dries nominated and the Senate confirmed attorney Ed Stanton as the new U.S. Attorney, the chief federal prosecutor for the Western District of Tennessee. The district takes in the territory of West Tennessee between the Mississippi River and the Tennessee River. Stanton took office in August and was
courts was a busy one with lots of transitions. U.S. District Court Judge Bernice Donald was nominated by President Barack Obama for the Sixth U.S. Circuit Court of Appeals. Her nomination is awaiting confirmation by the U.S. Senate. During 2010, the White House also
formally sworn in by U.S. Attorney General Eric Holder in December. Stanton is adding a dedicated unit to the office to handle civil rights cases and litigation. We continually rank up near the top when it comes to civil rights litigation, Stanton said this month in a speech to the Memphis Rotary Club. He also outlined plans for the prosecutors office to be more involved in re-entry programs for federal felons who have served their time and want to go straight. The recidivism rate obviously remains too high, he said. Stanton also said his office will continue to push for tough, stiff, hard time for violent and repeat federal offenders. But like Holder, Stanton reflected a move to include second chances for first offenders when warranted. Not only do we work to be hard but smart as well, he said. Stanton also appointed coordinators to new positions in the office to more closely supervise the handling of civil and criminal appeals cases. Its part of an adjustment in the operation of the office Stanton views as a full-service law firm on behalf of the government.
20 January 22-28, 2011
January 22-28, 2011 21
COV E R STO Ry
closing the SALE

What the Electrolux deal means for economic development
Local and state officials gathered with Electrolux executives last month to announce a $190 million appliance manufacturing plant to be built in Memphis, one of the biggest economic development deals in recent memory.
B y A N DY M E E K : T H E M E M P H I S N E W S
t started with a phone call. A few months ago, a consultant working for Swedish appliance maker Electrolux reached out to Mark Herbison, the Greater Memphis Chambers senior vice president of economic development, with an enticing prospect. Electrolux was eyeing a handful of sites in North America for what eventually became known in Memphis as Project Journey the companys development of a new North American cooking products
manufacturing center. Very quickly, selling Electrolux on the merits of Memphis became what Herbison described as the largest project Ive ever worked on in my entire career. The Electrolux consultant and Herbison had worked together before, which is why Herbison got the call before anyone in Nashville even though it was state involvement that helped seal the deal via a promise of state incentives worth more than $100 million to help Electrolux build a
700,000-square-foot plant in Memphis. The incentives were part of a sales pitch put together after Herbison shared the consultants overture with Matt Kisber, Tennessees now-departed commissioner of economic development. After preparing a presentation, Herbison and a Kisber representative were part of a team that flew a few months ago to Charlotte, N.C. Thats the home of Electroluxs North American headquarters. It was there Memphis officials put their offer on the table in a
bid to recruit Electrolux to the city, despite facing competition from more than one U.S. state as well as Mexico to win the new plant. Frank C. Pidgeon Industrial Park in southwest Memphis emerged as Electroluxs choice for the plant site, the news of which was announced Dec. 15 at the chambers annual chairmans luncheon. In hindsight, it took a lot to get there. Memphis Mayor A C Wharton Jr. said the recruitment discussions represented one of the most intense scrambles of his career. Out of those discussions came a development agreement that included the state of Tennessee providing $92 million for infrastructure items and related needs and Memphis and Shelby County governments chipping in $20 million each. The agreement with Electrolux also calls for the state committing a minimum of $3.1 million for job training assistance and for the Tennessee Valley Authority to pay the company up to $1.5 million for electrical infrastructure improvement costs. And that only scratches the surface. Behind the scenes, the stakes were high. It was understood that winning would require a lot because of what losing could have meant for the city, county and state. One thing that I think played a huge role in this was that (Electrolux has) a plant in Springfield, Tenn., thats got right at 2,900 people working there, and they were going to close that had this facility not come to Tennessee, Herbison said. So we already had about 3,000 jobs at risk before we even got into the negotiations. Also, Nashville learning of Electroluxs interest in bringing the new plant to this side of the state apparently provided a useful motivating force. State officials had really worked hard to locate these big projects over the course of Gov. (Phil) Bredesens term in office, and theyd had success in East and Middle Tennessee, Herbison said. Theyd had Volkswagen in the Chattanooga area, they had Hemlock Semiconductor in the Clarksville area, but West Tennessee really had not seen a megaproject like this. And I think all along, they had a goal of trying to bring at least one big mega-project to each grand division of the state. With Electrolux, that effort now can be called a success. Meanwhile, Memphis success with Electrolux is the reason areas from North Carolina to Quebec, Canada, are either licking their wounds or pondering what might have been. State and local officials in North Carolina, for example, also had courted Electrolux. Electrolux reportedly eyed a 500-acre site around the town of Selma, and Selma Mayor Charles Hester told a local newspaper it would have doubled the tax base overnight had Electrolux chosen the area for its new manufacturing center. The news was worse for the Canadian town of LAssomption. Electrolux is closing its manufacturing center there and transferring production to Memphis. The decision apparently came as a shock to Canadians for reasons that included Electrolux being recently granted local incentives for that plant. Shutting it down will affect 1,300 workers. Electrolux reportedly told a Quebec government official the relocation to Memphis was about more
One thing that I think played a huge role in this was that (Electrolux has) a plant in Springfield, Tenn., thats got right at 2,900 people working there, and they were going to close that had this facility not come to Tennessee. So we already had about 3,000 jobs at risk before we even got into the negotiations.
The Greater Memphis Chambers senior vice president of economic development
Mark Herbison
than the offer of state and local incentives, according to the Canadian newspaper La Presse. The newspaper reported the move also was about lower operating costs in Tennessee compared to Quebec. In a last-ditch attempt to get Electrolux to reconsider, the newspaper said a Quebec government official would try and meet this month with the employee union at Electroluxs facility there to negotiate wage concessions. (This) was all about supply and demand, reads a commentary published last month in The Montreal Gazette. The Electrolux story is about the cost of doing business in Quebec at a time when economic growth is slow. If wages, taxes and regulatory costs were more competitive and the workforce was more productive, this wouldnt be happening. Welcome to the world of economic development, where the game is a Darwinian fight among cities, states and countries vying for economic survival. Memphian Joe Saino, a self-appointed public watchdog who blogs frequently about the costs and perceived flubs of local government, recently requested an analysis of the Electrolux project from state and local officials. Hes still researching the project but already has decided theres a deeper force at work irrespective of whether the new plant represents a good deal for the area. Im sure there are other cities out there that would snap this up in a minute, Saino
said. Thats what youre faced with. This battle between theres a little bit of meat out there, and youve got a bunch of dogs and cats fighting over it. But whatever were going to spend, is this going to create more wealth than its going to give away? Thats the base question. Wharton said local economists, as well as economists from the University of Tennessee, analyzed the deal terms to make sure it results in a net positive. Looking at how much is being (statistically) spent for each job thats not how youd conduct a cost-benefit analysis on this, Herbison said. What you have to look at is what is this company, and what are these jobs going to bring to this community. First of all, just the 1,250 people Electrolux is going to employ themselves will generate hundreds of millions of dollars of revenue in the community. These people are making close to $14 an hour, and theyre spending that money in the community. Theyre buying cars. Theyre buying appliances. Theyre building houses. The incentives made Memphis work for Electrolux but so did the areas fundamentals. Thats a fact even some Canadians acknowledged. On one hand, the Montreal Gazette commentary said companies that hold up taxpayers for huge subsidies arent worth chasing or holding on to. But economic development experts say thats the nature of the game, and that skepticism sometimes follows a package of front-end incentives, since the thing the package is incentivizing has not yet materialized. I will say this, we sure are giving a lot to win the company relocation, said one member of the Memphis City Council. Incentives sometimes come in for a lot of flak anytime a big economic development project is on the table. That certainly was the case a few years ago for another large-scale project in Tennessee a new $1 billion auto assembly plant Volkswagen decided to put in Chattanooga. Government officials put together a $577 million package of sweeteners for the car company, far more than whats being given to Electrolux for its $190 million Memphis plant. Local officials used the Volkswagen development agreement as a model for the Memphis project. Projects like those also serve as object lessons in big business recruitment. In Practical Wisdom: The Right Way to do the Right Thing, a new book published by Barry Schwartz and Kenneth Sharpe, the authors caution that financial incentives work if theyre given for the right reason and if they dont crowd out more useful motivating forces. The authors noted the case study of a day care that was trying to figure out what to do about parents regularly showing up late to pick up their children. Pleading hadnt worked, so the day care decided to fine the latecomers. The result, however, was a surprise. The authors noted lateness actually increased with the imposition of fines. Apparently, parents regarded the fine as a price, rather than a punishment, the authors noted. The parents began weighing whether it was worth it to pay a small fine if it meant staying a little longer at the office
22 January 22-28, 2011
to get work done. Not surprisingly, lateness increased even more when the fines were discontinued. Whats the harm in using incentives? the authors wrote. There is potential harm, even if the incentives work. ... Whether (the harm exists) depends on the situation. The existence of competition, for example, presumably merits unique attention and might have changed the day care centers late-parents scenario. One thing we know is its very expensive to recruit jobs, said Dr. John Gnuschke, director of the Sparks Bureau of Business and Economic Research at the University of Memphis. And thats true whether its an Electrolux plant, an auto plant, or whatever. If you look narrowly at the Electrolux plant and say, Hey, is this a good deal, well, they have to stay here a fairly long period of time before it is a break-even point for local and state government. But thats OK. You still have to put up money on the front end. This is a move in the right direction to help rebuild our manufacturing base. But even more important than the money an area is willing to put up is whether its got the necessary fundamentals that make it attractive and show up on corporate radars in the first place. Sure, there are cheaper places to set up a manufacturing plant, the Montreal Gazette commentary reads. But companies dont move to Mexico, India (or even Tennessee) at the drop of a hat. They need skilled workers who can operate computerized equipment.
Quebec should be the kind of place that attracts employers because we have a relatively well-schooled and well-trained workforce. But we wind up shooting ourselves in the foot, with social policies that cost too much and with a tax system thats uncompetitive. The commentary noted a variety of charges and payroll taxes levied on employers to pay for social programs. It also noted an income tax system that pays for day care, university tuition and health care. These are policy choices that are popular among Quebecers, but they do carry a cost, the commentary pointed out. In Memphis, the inherent strength of the local fundamentals apparently will only rise in importance as more corporations pull money off the sidelines and decide the economy is improving enough to make big investments and strategic relocations. That means incentives will play a part in how Memphis competes but so will whether the areas political leadership and a planned streamlining of business recruitment efforts in the future combine to strengthen the local competitive advantage. Heres something else to think about, Herbison said. Weve been through the most unique, complex period in our na-
Photo: Andr Pichette, La Presse
tions history as far as the economy is concerned. And now theres so much pent-up demand, there is so much money corporations are holding onto, plus all these companies are looking toward doing things a different way. Youre going to see the economy turn around. It cant stay like this forever. And were going to be at the table competing. Who else has five railroads, FedEx, the worlds best airport just a lot of basic, inherent things that you cant go out and build overnight? I think the stars are lining up for us. I really do.
Workers leave the Electrolux plant outside Montreal after the company announced it would close the facility. The banner in French behind them translates to At Electrolux, security is the No. 1 element, with element being a play on the French word for a stove's burner, according to the La Presse newspaper in Montreal.
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January 22-28, 2011 23
24 January 22-28, 2011
Prepare to Fight For Your Business

One of the best lines about small business ownership comes from friend Jay Myers. I used it on the cover of my book: Small business is the fight of a lifetime. Amen to that. It is a fight. Adversity rules. You are lucky if it is for a lifetime since 70 percent fail in seven years. If you do fail, it can ruin everything: your marriage, your finances, mental and physical health, relationships with kids, and self confidence. Then there are the creditors, TOM PEASE landlords, vendors and SMALL BUSINESS ADVISOR customers who can suffer heavy loss if a business fails. So it is a serious matter. And it happens all too often. You are not only playing with your money but others too. The 70 percent failure rate attests to many entrepreneurs, as well as their teachers, being ill prepared and ill advised. There needs to be some standards set, some competencies met, before anyone is allowed to open a business or officially advise. Advisers I see in this city lack needed business credibility. It is hard to find one that runs and grows a business of more than three employees. Or, has a record with the same business for 10 years. If you are going to teach it, you should have done it, not just talk about it. It is especially important to be able to interpret financial statements and learn how to handle trouble since there is plenty of that. Much of that can only be gleaned from experience, from living it. I saw a survival movie on hypothermia. The instructor told the students to put down their books and he would show them hypothermia and not talk about it. He sat them in an ice water tub for a long time. They got it. Make sure your advisers have sat in some ice water for a long time. Otherwise, they may, however unintentionally, be leading you to the plank. It is time for business owners to be licensed and to prove their qualifications. Advisers need to be certified in some way. For the best advice, I would not get it from somebody in the advice business. Find a business you admire and ask its owner to meet and answer your questions. This will be the least impartial advice you will ever get and be free. Try this with owners that have grown a company, have at least 10 employees (post-recession) and 10 years in that business. One such teaching group is the Service Corps of Retired Executives. They have the experience, dont charge, but are retired. You are not looking for a positive person, so that you are encouraged, or avoiding one that sounds negative, lest you be discouraged, but an ACCURATE one so you will survive! Margin for error in small business is small. You cannot afford to be wrong or led wrong. Take courses. Ask other owners. Know for yourself. The owner must know. Ultimately, business decisions are lonely affairs. That loneliness is your gut saying only you can decide. For your sake and your businesss, be right. What is true for one owner is not necessarily true for another. You did want to be a business owner a very serious matter. Tom Pease is owner of e/Doc Systems, an office equipment company.
SMALL BUSINESS SPOTLIGHT
Friendliness as Important As Framing at Davids Frames & Art

ROBIN GALLAHER BRANCH | Special to The Memphis News
t first impression Davids Frames & Arts spacious showroom is the hundreds of perpendicular moldings decking the back wall. A second impression is the shops prevailing attitude: friendliness. The shops expertise and good will draw David Perry Smith of the Midtown gallery bearing his name. Smith laughs that he comes to the frame shop and stays 45 minutes talking to Davids Frames & Art owner, David Stough. L i nda Ross of L . Ross Ga l ler y agrees. David and his staff are easy to work with and professional, she said. They meet deadlines and do wonderful work. Ross and Stough collaborated on a very large project: art for Le Bonheur Childrens Hospital. It included 300 pieces of childrens art that were competitively chosen from entries from area schools. The winning art then was digitalized, uniformly sized and identically matted and framed at Davids.Ross said the finished look, now decorating the hospitals halls, is powerful and consistent. Stough, 54, a Memphis native, has been framing for 35 years. He thanks his father for his trade and cannot tell his own story without mentioning his fathers businesses. In the 1960s, Robert Stough saw he could not support his family on his salary as a floral designer. So he went to beauty school. He and a business partner soon opened Edward Roberts Beauty Salon on Mendenhall. Meanwhile, David Stough grew up taking things apart and painting them. He disassembled/reassembled many a bicycle, painting its parts and hanging them to dry on his mothers clothesline. As a sideline to the beauty business, his father framed in the spare room off Stoughs bedroom. When Stough graduated from high school, he went straight
David Kough prepares to mount artwork for LeBonheur Children's Hospital on a vacuum heat press at Davids Frames & Art.
into his fathers framing business. In 1998 Stough opened Davids Frames & Art at 3151 Poplar. He bought out his fathers business, R. & W. Frame and Molding, in 2000. Over the years his business expanded to include stocks of molding and mats (now housed in a warehouse) and top-of-the-line equipment. Consequently, many competitors buy supplies from him and use pieces like the workrooms 4x8 vacuum press. Stough learned as his business grew. Theres not a golden rule about framing; theres not a book you can learn from, he said. The shops molding primarily comes from Indonesia. The top row, the expensive samples, are custom made at Husar Picture Frame Company in Chicago. The Roma brand molding also is custom made. Holding a sample, Stough admired its finish. This is hand done, he said. You cant get this with a machine. His bestseller is a rather innocuous but attractive two-tone frame: gold on the front and a brown/purple on the
sides. It works excellently on a surprising number of pieces, Stough said. Stough keeps up to date on framing industry trends. He advises clients to use cotton mats because they are acid free. He cautions against putting artwork under fluorescent lights: photographs and pictures fade with that exposure, but they do fine under incandescent lighting. If invited by a customer, hell guide the person toward a proper frame. He believes the eye should be drawn to the art inside the frame and not to the frame itself. Dont let a frame overpower the piece, he recommends over and over. Almost inevitably, Stoughs clients become his friends. Smith tells a story of running out of picture hangers. He ran to the frame shop with the idea of purchasing some quickly. Put it on my bill, he told Stough. Instead, Stough grabbed a hefty handful of about 20, dropped them in a paper bag, and sent Smith on his way. That kind of service, Smith said, is what hes known for. It creates a loyalty among his customers.
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M emphis N E W S M A K E R S
Gibson Makes 30 Under 30 List

TAYLOR SHOPTAW | The Memphis News
Getting The Last Word In

This is an article for those in charge of things. If you are in charge of anything a company, a division, a department or a work group you need to make sure you get in the last word if you want any meaningful feedback from the people who report to you. The key word here is last, as in you need to wait until last. The military supposedly has a specific protocol for the order of communication in a meeting. In a nutshell, the lowest ranking participant is offered the opportunity to speak first, chris cRouch then the next SMART STUFF highest rank4 WORK ing participant speaks and so forth and so on. The highest ranking participant speaks last. Now, based on my three years, 11 months and 16 days experience in the military, Im not saying this is the way things always work. I am saying this is the way things should work. It makes sense to hear a variety of viewpoints including perhaps some opposing viewpoints on an issue from people with different perspectives. Especially from people who may have to actually follow up and execute any approved ideas. Beware of the management philosophy: Nothing is impossible for the person who does not have to do it. As a leader, you are not giving up any authority or power when you listen to those who report to you. You may, in fact, be gaining credibility...an excellent source of authority and power. Something weird happens when you gain position power (as opposed to a more valuable form of power referred to as personal power) in an organization. Many people in your sphere of influence become skilled at guessing what you want to hear and telling you just that. And they often get favored and rewarded for doing so. That works quite well if you are always right. But you are not! As a matter of fact, there is an inverse relationship between your rise in power and your ability to get things right. The higher you rise in an organization, the more difficult your choices become. If things are working as they should, easy decisions should be made at lower levels. By the time an issue gets to you, there probably is no easy answer. Basically, this is a number of brains engaged issue. Say youre the big boss in a meeting with six of your direct reports. You start the meeting by saying, Heres what I think should be done and how we should do it ... yadda, yadda, yadda. OK now, what do all of you think? You had the opportunity to take advantage of the power of six brains. In reality, as a result of your opening comments, six brains were probably disengaged ... perhaps seven! If you are in charge, listen first, speak last. Chris Crouch, author of Getting More Done and other books on improving productivity, can be contacted at cc@dmetraining.com.
Andre Gibson, chair of the Memphis City Beautiful Commission and vice president of Memphis Urban League Young Professionals, has been named among Rosewood Hotels national 30 Under 30 campaign.
Hometown:Sumter, S.C. (military brat) Work Experience: Systems Integration Administrator at Buckman USA for five years Family: Son, Andre Gibson Jr., 3 years old. Last book read: Guns, Germs, and Steel: The Fates of Human Societies by Jared Diamond Activities you enjoy outside of work: Travel, live music, volunteering. Why is community involvement important to you? I think its important that everyone takes a personal stake in the future of our community. Be it our neighborhoods, families/social circles, schools, anything. Weve hit a low point of sorts lately, and well never rise out of it if we all sit around waiting on someone else to make it better. What does it mean to you to be named to the Rosewood 30 Under 30 list? One of the more humbling things about being recognized ... is that it is a national award. I read the bios of the other 29 inductees and I see people from all over the country, who are doing really impressive work in their communities. What does your work entail? Im employed at Buckman USA as a Systems Integration Administrator in our compliance department. ... Im able to play a key role in new product introduction and our quality system. Im also active in maintaining and updating our ISO procedures, and internal auditing of our ISO system. As a commissioner and chair of the Memphis City Beautiful Commission, I dedicate my efforts to our goal of making Memphis a beautiful, healthy and safe place to live.
andre gibson
Dr. Monica B. Griffin has been named medical director of the Baptist Minor Medical Centers. Four attorneys from Allen, Summers, Simpson, Lillie & Gresham PLLC have been selected as Memphis Area Superlawyers for 2010. They are Robert Green, civil litigation defense; Richard Allen Jr., employment and labor; James Summers, construction litigation; and James Simpson, employment and labor. Kirk Caraway has been selected as a Rising Star in the area of employment and labor. Jason Beard has joined the firm as a new member. Metal artist Mary Catherine Floyd has received the Metropolitan Banks first annual Emmett ORyan Award for Artistic Inspiration. Jay Easter has joined Askew Hargraves Harcourt & Associates Inc. as a senior landscape architect. Irene Ball has joined the firm as marketing writer. Alan Crone, partner at Kramer + Crone PLC, has been named a Super Lawyer in the area of employment and labor law. Renee Trammell has been named vice president of practice development for UT Medical Group Inc. Trammell most recently served in a leadership position at BlueCross BlueShield of Tennessee. Jeff Rosenblum of Rosenblum & Reisman has been selected for the 2010 edition of Mid-South Super Lawyers. Rosenblum also has been named to the list of Top 100 Trial Lawyers in Tennessee by The American Trial Lawyers Association.
26 January 22-28, 2011
M emphis L aw Talk
Naval Experience Helps Benfield Excel in Practice

RICHARD J. ALLEY | Special to The Memphis News
What Happened To TVs Horace?

Where is Horace Rumpole when you need him most? The barrister whose cases and antics entertained me (and millions of others) on PBSs Mystery series for many years is not on the airwaves in these parts anymore. Horace was a man after the heart of any street lawyer. For those who may not be familiar with the subject, Horace was the protagonist in Rumpole of the Bailey, a TV series written by British barrister John Mortimer, Q.C. Q.C. stands for Queens Counsel, but Rumpole always referred to that title as Queer Customer. Produced and aired by the BBC, the series VIC FLEMING ran from December 1975 I SWEAR to December 1992: 44, 50-minute episodes. It was rebroadcast on PBS in the USA, and I guess I watched it regularly in the 80s and into the 90s. Maybe only the 80s. Forty-four episodes would make only three seasons of viewing in this country, no? I now find myself toying with the notion of purchasing the Complete Series Megaset on DVD for just under $50. To see this larger-than-life advocate, played to perfection by Leo McKern, who loved being in the courtroom, who disdained the notion that he himself might ever become a Queer Customer or, worse yet, a Circus Judge. To see him at his hangout, Pommeroys, a Fleet Street wine bar, smoking his cheap cheroots and drinking his choice of wine. To hear him refer to his wife, Hilda, behind her back of course, as She Who Must Be Obeyed. (Ive lately learned this nickname was somehow derived from the novel She by H. Rider Haggard.) How did the Rumpole series get started in the first place? Well, heres the short version: Mortimer wrote a satirical play, Infidelity Took Place, in 1968, centered around recently enacted changes to English divorce law. The BBC broadcast the play, which featured a divorce lawyer, who displayed characteristics later bestowed upon Rumpole. The play was a hit. One thing led to another, like it almost always does, and in 1975, the BBC and Mortimer teamed up for a Rumpole of the Bailey pilot of sorts. That was a hit. Then in 1978, Flemings weekly puzzle Page 32 Rumpole enjoyed his first official season, seven episodes. That was followed by a second season in 1979. In addition to being a TV legend in England for almost 20 years Rumpole became a book figure as well, for each TV season was accompanied by a book adaptation written by Mortimer. The books continued after the TV series ended. And the BBC adapted all the TV episodes for radio, along with seven new stories and a new actor to play Rumpole, Maurice Denham. McKern and Denham both died in 2002, and the role of Rumpole then went to Timothy West for some new stories in 2003. The legend lives on.
ark Benfield says his training with the Judge Advocate General corps while in the U.S. Navy helped ready him for a civilian career as a plaintiffs lawyer in medical malpractice, catastrophic injury and nursing home neglect cases with Apperson Crump PLC. Founded in 1865, it is the oldest continuously operating law firm in Memphis. What I do now is so much different than the cases I tried in the Navy. However, I think just the basic principles of how to get ready for trial, how to set your case up, the things that you need to do and how long it actually takes to get prepared for trial all of those things kind of cross over, he said. I think the most important thing that crossed over, and that you get a taste of immediately in the Navy and that doesnt go away, is the amount of pressure involved in a trial. Hes learned to handle the pressure and to excel in the types of trial that can be intense and are intensely personal and important for those involved. Throughout his career, hes had no BENFIELD better teacher and colleague than that of Gary drove to Newport, R.I., on miliSmith with Apperson tary orders to attend Naval Justice Crump, the firm Benfield joined in School. He spent four years in the October. Navy before moving back to MemThe thing that impressed me phis to work for a small plaintiffs about Apperson that I wasnt going firm. to get anywhere else is the fact that Its nine weeks of what they call Apperson Crump had Gary K. Smith, military justice school. It deals with and Id put him up against anybody Department of in the country in terms of his trial Defense regulations, the proceskills, he said. dure for court martial, the different I knew that he had surrounded court martial laws, administrative himself with other really great lawseparation laws, a number of things yers and a good team of staff when like that that arent really applicable he merged with Apperson, and I in the civilian sector. knew that his office functioned exThe first few years in JAG is spent tremely efficiently. trying cases, so the course is fairly Raised in rural North Carolina, intense and becomes a trial by fire. Benfield attended the University of His interest in law harkens back North Carolina at Chapel Hill for his to childhood and a mother who, undergraduate degree and moved to because of trouble with alcoholism, Memphis in 1994 to attend the Cecil couldnt handle the care of children. C. Humphreys School of Law at the His father attempted to find a lawUniversity of Memphis. yer to gain sole custody of Benfield The day after graduating, he
and his two brothers, yet custody had always gone to the mother in such cases in that part of rural North Carolina. He finally found a lawyer by the name of Marvin Pope who said, Im young, but I think I can do it, Benfield said. And he did it. My dad was the first guy in Buncombe County to ever have sole custody of his children. And so from that point forward, I wanted to be Marvin Pope, I wanted to help that guy that needed it. Its been a career of helping those in need, from cases dealing with aggravated rape and child sexual abuse while in the Navy, to catastrophic injuries and nursing home neglect cases with Apperson Crump. Ive always represented the victims, he said. Ive always enjoyed representing the guy who doesnt have a lot.
I Swear Crossword
Vic Fleming is a district court judge in Little Rock, Ark., where he also teaches at the William H. Bowen School of Law. Contact him at vicfleming@ att.net.
January 22-28, 2011 27
M emphis S TA N D O U T
Service, Community Define Chastains Career Choices

hris Chastains career can be characterized by two main themes: service and community. Before stepping into his current role as executive director of the Crittenden Regional Hospital Foundation in June of 2008, Chastain served as associate director of annual giving at Rhodes College, development officer at Baptist Memorial Health Care Foundation and director of institutional advancement at Lausanne Collegiate School. I consider myself lucky to have had the opportunity to work with and lead organizations that give me an outlet to satisfy my call to serve, said Chastain, also a graduate of both the Memphis Leadership Academy and Leadership Arkansas. But despite the breadth of his fundraising employment experience, he attributes much of his nonprofit know-how to the influential people hes encountered along the way. Ive learned a great deal from the many people Ive been lucky enough to surround myself with, who have an attitude of service and a concern for helping people not just at arms length, but really rolling up their sleeves, being hands on and working to form those relationships, said Chastain, who manages the fundraising arm of the West Memphis hospital, which serves patients in seven counties. The foundations donor base has grown considerably since Chastain took the helm. Revenue and assets have increased by a sizeable margin, and employee campaign revenue has grown by more than 20 percent. Leading a nonprofit organization in 2011 can be a challenge compared to 10 or even five years ago, he said. You still need that innate passion for serving people, but now more than ever, leading an effective nonprofit requires business experience to ensure that the organization remains sustainable. Chastains strategies have included the development of a well-received annual speaker and dinner series, which got off the ground in 2009 with physician and activist Patch Adams, portrayed by Robin Williams in the 1999 film of the same name. And last year, Chastain brought Sean Swarner, the first cancer survivor to climb Mount Everest, to The Peabody hotel for an evening to share his inspirational story. Were really excited about the exposure that the series has given to the hospital and the foundation, Chastain said. Its been tremendous, and Im excited about what it means for bringing in donations and the opportunities to work with vendors. And its not always about the money; its about being able to have build relationships and develop different ways that everybody can benefit. When it comes down to it, its all about the patient. Chastain said that one of his goals for 2011 is to solidify an effective annual giving campaign. Were in a position to plan for one and execute one, which will
do wonders for the future of the hospital and the foundation. Chastains other initiatives have included the development of an employee crisis fund and a patient assistance fund to provide immediate financial assistance to patients in need. The patient assistance fund mostly involves purchasing medicine for people so they can be discharged from the hospital, he said. That fund has increased 570 percent since last year. In 2009 we approved 17 requests and provided $1,500 in assistance. In 2010, we approved 64 requests and did almost $9,000. Its doing fantastic things for patients. Additional recent projects have in-
CHRIS CHASTAIN
cluded the purchase of a Web-based patient education system and a new child vision-testing system that can diagnose vision problems in children as young as six months of age; the renovation of an
Intensive Care waiting room; and the creation of jungle room for pediatric day surgery patients to choose a stuffed animal friend to watch over them during what can be a frightening time for a child. Its fun to watch these kids go to the jungle room and actually pick out a toy. It doesnt take away from the fact that theyre going to have surgery, but it does help to bring them some comfort, said Chastain, himself the father of two young girls with his wife, Autumn, an attorney in the Shelby County Juvenile Court. The couple, who met as undergraduates at Rhodes College, owns Mango Street Baby, an independent childrens boutique in East Memphis.
BRENT A. WESTBROOK
VICE PRESIDENT, BUSINESS DEVELOPMENT, ARGENT TRUST COMPANY OF TENNESSEE
@42
When Argent Trust entered the Memphis market, we needed a partner to help introduce our company to the community. We chose The Memphis News because of its wide readership and professional focus, and for its quality content and supportive staff.
Since we were essentially launching a new brand in an already competitive market, it was critical that we work with an experienced media outlet that understood our target audiences and could help us reach them directly. Our experience working with The Memphis News has been both highly professional and enjoyable. Our account team is experienced, friendly and efficient, and their guidance, expertise and ability to pull a plan together is all provided with a style and grace that only comes from years of experience and a commitment to the client. If your target audiences are in the Memphis business community, The Daily News and The Memphis News is the proven, professional way to reach them.
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28 January 22-28, 2011
New DA Weirich Now Ready To Roll Up Sleeves

ARTS
Center Finds Right Beat

ewly sworn-in Shelby County District Attorney General Amy Weirich has spent 20 years in courtrooms trying all manner of cases. However, a few hours after Criminal Court Judge Bobby Carter administered the oath of office to her in a private ceremony Tuesday, the woman praised by her predecessor Bill Gibbons for having a tough but fair temperament was modest about what comes next. Weirich, the first female tapped as the countys chief prosecutor, said her immediate focus is rolling up her sleeves and getting to know the details of the job, the office and the people who work with her and for her. That includes plotting what direction shell take an office whose influence has grown considerably in recent years and is one of many partners in the countys overall anti-crime strategy. She also is not hesitant about sending a message to slipshod property owners, gang members, drug offenders, and owners of apartment complexes, motels and strip clubs that are determined to represent a public nuisance. If businesses cannot conduct themselves in a way that comports with the laws of the state of Tennessee, were going to do something about it, Weirich said, adding that the same goes for individuals. If there are problems in neighborhoods with drug houses, and kids dont feel safe walking home from school by themselves, and mom and dad dont feel safe letting their kids walk home from school by themselves because of the drug dealer on the corner were going to be there. At the end of the day, its about us feeling safe in our community. Weirich is already in position to start leaving her mark on an office staffed by a majority of attorneys personally picked and hired by Gibbons, whos now working for Haslam as the states commissioner of public safety and homeland security. My immediate priorities are to keep the office functioning as smoothly and seamlessly as we can during this transition period, Weirich said. Everybody around me will keep on doing the great work theyre doing. Gibbons picked her to be his Deputy District Attorney late last year, which put her in line for her current job, because he said she is smart and demonstrates good judgment, she is well organized (and) has an exceptional work ethic. Traits no doubt honed amid her years in the courtroom representing the county and working to sway a small handful of people in a jury box. Moments like those were what attracted her to a career in law and arguably prepared her for a job that now requires her to wow a new jury voters in 2012. I love the fact that no two days in this office are the same, she said. You never know, from moment to moment, whats going to land in your lap or what phone call youre going to get.
Liz DiMaggio, center, owner of MidSouth World Dance Center, teaches a belly dancing class.
n any given day a visitor to the Mid-South World Dance Center might witness children brushing up on their Bollywood steps or adult hulahoopers honing their circus-style tricks. They might hear the pulse of Salsa music or the shimmy of coins on belly dancers shawls at the center, whose motto is Experience the rhythms of the world. Mid-South World Dance Center, which opened its doors June 1, 2010, offers classes in modern dance, world dance, creative movement and Bollywood Indian dance for children. Adult classes offered include belly dance, salsa, hula-hooping, modern dance and Bollywood. It also offers yoga, therapeutic massage and a tiny boutique offering locally made jewelry and belly dance clothing and accessories. Proprietor Liz DiMaggio, 25, likes to refer to her facility as a world dance cooperative. DiMaggio first fell in love with dance as a young child, taking jazz, tap and ballet classes at a studio in her small hometown of Lake Village, Ark. As a teenager, she enrolled in classical ballet classes in Hot Springs, Miss., but said she ended up developing serious hip problems that required physical therapy. I was born pigeon-toed, so turning my legs out was not something natural to me, DiMaggio said. And going from a laid-back dance teacher in my small hometown to this formal ballet, theyd crank that hip. She later moved to Memphis to study anthropology at the University of Memphis. It was there she discovered belly dancing after reading a flyer about a class being offered. I personally became really interested in all these alternative styles of dance
because I didnt fit in as a ballerina, tap didnt come naturally to me, and I didnt want to be a competitive dancer, she said. What I love about belly dance is that its created from natural movements of the body, only exaggerated so theres no body type that cant belly dance. Belly dance came to her so naturally, in fact, that before long she was assisting her instructor in teaching other students. After her teacher moved to the West Coast, DiMaggio took over leading the belly dance classes and created her own dance school called Memphis Raqs, pronounced rocks, which roughly translates as dance in Arabic. She became so busy teaching, traveling and performing that belly dance became a full-time job without me realizing it. DiMaggio, who owns several pet snakes, ultimately decided to leave her full-time day job as a reptile keeper at the Memphis Zoo. At first, she rented space at First Congregational Church in Cooper Young, and later shared a small rented space in Bartlett with another belly dance group. But she became frustrated with Memphis Raqs not having a home of its own. Through performances and benefits, she regularly interacted with owners of other dance troupes and schools who also longed for a permanent rehearsal and performance space. They were all in the same boat all had same problems that I had getting kicked out of their space or being given the least desirable time slots at studios, she said. I wanted to make a space where we could all have a home, with wood floors so we can dance barefoot, and a place where kids can play. DiMaggio found an affordable space in an office park at 3100 Walnut Grove. Suite 204 originally contained cubi-
cles. With the help of family and friends, she renovated the space, building two dance studios. With mothers making up a huge percentage of her clientele, family-friendliness was a must for DiMaggio. Originally, all of my students, as belly dancers, were adults, and I had a lot of women with children, she said. And the excuses for missing classes from time to time were because the kids didnt have a sitter. DiMaggio continues to run Memphis Raqs as part of the center, which also includes Salsa Memphis and the Hooper Troopers, who teach hula-hoop dance, which combines aerobic fitness with circus-style tricks. Mid-South World Dance Center is also now home to Bridging Souls Productions, a professional modern dance company. Bridging Souls artistic director Tamara Prince-Parrish has danced with and choreographed for organizations including Memphis City Schools, Childrens Ballet School, Performance Art Network and Nu-World Contemporary Dance Theatre. Our goal is to bring quality professional dance, fusing ballet, jazz, African, she said. Were trying to make avenues for local dancers, choreographers, visual artists, musicians to come together on one stage. Prince-Parrish said that while the center is a great place to get involved in professional dance, its also an ideal venue for those who want to dance simply for fitness or enjoyment. I like the feel of the Mid-South World Dance Center because it is a noncompetitive environment and all aspects of dance are there, she said. We all collaborate with each other and were all about unity. Thats what I love about it.
January 22-28, 2011 29
R E A L E S TAT E & D E V E L O P M E N T
Seminar Will Help Attendees Master the Real Estate Market

Ethics: No Ifs, Ands or Buts

I had lunch yesterday with Judy Bell Woodard of InnerActive Consulting, who has written a number of blogs on ethics for her companys website. We were discussing an ethical environment as a must-have for inspiring employees. She said she knows her behavior is on track when she has peace of mind. Its a good barometer. I notice that some people think of two distinct categories of ethics: Big E and small e. Big E would be things like not stealing susan drake cars, cheating on light their fire your income taxes or beating your children. Small e would involve actions like using pirated software or returning a shirt youve worn. But theres really no distinction you can draw between OK misbehavior and Not OK misbehavior. Its an oxymoron. In the workplace, Ive seen a lot of managers commit what you might consider small ethical infractions: A manager taking the team out for drinks and having an employee put it on his or her expense report so the manager himself can approve it. Letting it slide when a top producer repeatedly fails to turn in reports on time while expecting others to live within the deadline. Asking two vendors for a bid on a project as a technicality, because youve already decided to give the work to a third supplier. When employees see this kind of rule-bending, several unfavorable things happen: Your companys values statement becomes a joke. People will know that the words honesty and integrity in your promise to customers and employees are merely lip service. This destroys employee trust. Your brand will lose its power. A brand means consistency, but when youre creating an environment of situational ethics, employees can make up their own rules about how they deliver service and how dedicated they are to quality. Suddenly, customers cant count on your brand promise. Teamwork will collapse. Peoples values vary, and invariably some peoples definitions of big E and little e will differ from yours. They will start making value judgments about which rules they need to follow and which ones they dont. When rules are applied inconsistently, it affects how individuals and teams treat each other. Youll be in a position of having to explain why your actions are OK but theirs arent. Or, more than likely, they wont ask you to explain the difference, and they will simply wonder why its OK for you to get away with something and not OK for them. This destroys respect. If youre ever tempted to deviate from the letter of the law, just consider the devastating effect it can have on your reputation as a manager and on your effectiveness as a leader. Most important, remember that the straight and narrow will protect your peace of mind. And, as Judy says, it contributes to something we all need: a good nights sleep. Susan Drake is President of Spellbinders Internal and External Marketing. You can contact her at susand@spellbindersinc.com.
s real estate professionals gather this week to take a look at the latest numbers, theyll not only learn about current economic trends but also preview the road ahead. Realtors, appraisers, builders, investors, bankers and mortgage brokers will get a glimpse of Shelby County market trends Thursday when real estate information company Chandler Reports hosts Master Your Market: Year-in-Review. The second annual Master Your Market is slated for Thursday from 3:30 p.m. to 6 p.m. at The Great Hall of Germantowns Media Room, 1900 S. Germantown Road, behind City Hall next to the tennis courts. Topics of discussion are sales, mortgages and foreclosures in both the residential and commercial sectors. Keynote speakers include Shelby County Trustee David Lenoir, executive vice president and division head of the mortgage department at Magna Bank Lisa Reid, and director of the Center for Community Building and Neighborhood Action Phyllis Betts. In the trustees office, Lenoir deals with real estate and tax collections of real estate property and personal business property. His speech will tackle the Shelby County economy including foreclosure issues, delinquencies and efforts his office is making to collect money. Lenoir will provide a mixed message of the current state of the union, while also addressing the light at the end of the tunnel. Im about tired of hearing all of the bad news its time to encourage the folks, he said. Id like to think were on the backside of this financial tsunami that weve been in. The Federal Reserve Bank of St. Louis recently released economic data for Memphis region showing positives and
negatives. Bright spots include improved manufacturing and car dealer activity, yet retailers reported negative results. Consumer loans remain lukewarm because consumers are unwilling to add debt to their personal balance sheets. Business lending activity is also down. Reid will review the state of residential lending, with an emphasis on the impact that the Appraisal Independence Requirements (AIR) legislation and how the appraisal process has impacted the lender and the consumer. General trends and current market conditions in the valuations of property will be at the heart of Reids speech. In 2010, residential bank sales made up 32 percent of all sales. While the total number of bank sales saw a large decrease, average bank sale prices were up 1 percent. Average foreclosure amounts have increased every year since 2003 up to $125,239. Commercial bank sales for the year were down as well 8 percent from the third quarter of 2009. Total bank sale revenues were also down 10 percent, and overall foreclosures were down 4 percent. Betts will dig deeper into the foreclosure crisis and its impact on home values. As founding director of the CBANA, Betts specializes in research and communitybased problem-solving on housing, neighborhoods and community development. Each speaker will have 10 minutes to address the group and then the audience will have an opportunity to ask questions. After the event, Chandler Reports will host a cocktail hour for guests to network with the guest speakers and their peers. The cost to attend is $10 for Chandler Reports subscribers and $15 for non-subscribers. Cost includes a copy of the presentation and year-end market trend reports.
real estate & de v elopment
IDB Grants PILOT to US Foodservice

emphis is now battling Olive Branch to keep U.S. Foodservice Inc. in Hickory Hill. The Memphis-Shelby County Industrial Development Board approved a 10-year payment-in-lieu-oftaxes application for an expansion of U.S. Foodservices Memphis facility at last weeks board meeting. The tax break would save the company $6.9 million in city and county taxes. Rosemont, Ill.-based U.S. Foodservice is a food service distributor that started operation in Memphis in 2000 as Alliant Foodservice Inc. It serves restaurants, hotels, hospitals and schools. U.S. Foodservice plans to buy the warehouse it now leases at 5900 E. Homes Road and pump $30.8 million total capital investment, including real and personal property.
But U.S. Foodservice also has a letter of intent for a facility in Olive Branch and is negotiating to buy it. U.S. Foodservice has received competitive incentive proposals from state and local governments in Mississippi. U.S. Foodservice must receive a competitive offer from Memphis and Shelby County in order for the project to remain viable, according to a company presentation. The project is combination of a retention of its distribution facility operation in Memphis and an expansion of its current operations. Since U.S. Foodservice acquired Alliant in 2005, it has maintained operations at its present 165,000-squarefoot location in Hickory Hill. The company also plans to buy adjacent land on Bledsoe Road and Grocery Road to build a 385,000-square-foot vehicle maintenance and fueling facility. Lodie Biggs, shareholder with Baker, Donelson, Bearman, Caldwell
& Berkowitz PC, said while the company is requesting a total four-year ramp up period, the decision must be made now. The company has amended its application after seeking a seven-year, $14.3 million PILOT at the IDBs Dec. 10 meeting. We really hope you stay, said Jill Inglehart, chairperson of IDB. A total of 221 jobs will be retained, with 60 new jobs created. The annual average wage for all jobs is $50,389 before benefits and bonuses. U.S. Foodservices operations would generate $11.9 million in local taxes, with a 1.72-to-1 benefit to cost ratio. Restaurant supplies will also bring in additional sales tax revenue that is not factored into the projected total. The companys annual revenue approaches $20 billion, with more than 24,000 associates across 37 states. U.S. Foodservices individual facility life span is between 20 and 30 years.
30 January 22-28, 2011
arts & culture

visual arts
Young Artists in Spotlight at Dixon

JONATHAN DEVIN | The Memphis News
he next generation of Memphis artists will have a chance to express themselves in a youth-filled exhibition that has opened at the Dixon Gallery and Gardens. 10 Under 30 explores the emerging talent of students from the Memphis College of Art and the University of Memphis art department, giving each one of them a rare chance to be showcased in an established art museum before building their careers. Dixon assistant curator Julie Pierotti, who organized the show, said that she met most of the selected artists at the Dixons yearly contemporary shows, which often attract young artists. I would love to do a solo show for each of these artists, but I thought a group show would be a great way to introduce a lot of Courtesy of artist Kate Bradley artists to a lot of people, Pierotti said. As lery. a young curator under 30, these are my peers, my conIn Rebirth, temporaries. I think its interesting to see what the next a part human generation of artists in this city is going to be. figure appears to The exhibition, which includes about 18 works, will be be buried in laydisplayed in the Mallory & Wurtzburger Galleries inside ers of earth and the Dixon until March 6. The artists, hand-selected by roots with only Pierotti, are Kate Bradley, Eric Bork, Lauren Coulson, Eli Gold, Joel Halpern, Kyle Holland, Jesse Nabers, Emma Self, a broken cattle Courtesy of artist Emma Self skulls emerging Rhonda Spight and Alex Warble. into a deep azure sky with puffy white clouds. Bradleys oil on linen painting, The British are ComCoulsons Inhibition, though, abandons color ing, is fairly reminiscent of the work of another Memphis altogether for vein-like shadows comprising a dark path painter, Clare Torina, both of whom used startling colors towards a masked man crouching in the corner. to form a half-hidden human figure. Simpler and fresher is Borks On Sunday Nights, two Nabers Bay Area goes even further in that direction paired oils on canvas in which a man in a black shirt sits by melding bright reds, yellows, crimson and terra cotta hunched on his elbows on the bathroom toilet watching into the angles that suggest steep lines of San Francisco. over a woman in the bathtub whose hair has been graceI was really impressed with the maturity and depth of fully pulled to the nape of her neck. her work, Pierotti said of Nabers. The show is so much The fact that Bork used two canvases creates an unabout color. I knew that Jesses work would play well with usual intimacy between the two figures, at once dominant Kates colors, and with Laurens too. It was a fun project to in their own space but warmed by the others presence. do from start to finish. The exhibition also contains printmaking, sculpture Coulsons two pieces, both photographic transfer and and craft art like Selfs Doubles Houses, two books made acrylic on panel, contrast each other from across the gal-
Courtesy of artist Lauren Coulson
The Dixon Gallery and Gardens will give young, up-andcoming artists a rare chance to exhibit their work in a museum setting in "10 Under 30," a group show of artists from the Memphis College of Art and the University of Memphis art department.
of homemade paper and dyed fabrics held together by magnets. Perhaps the most amusing piece of all is Warbles 100 Pimps, mixed media on cardboard, a Wheres Waldolike collection of the same cartoonish male figure repeated 100 times with clever and unique changes to each. Pierotti praised Memphis College of Art and the U of M saying that both art departments have gone unrecognized for their contributions to Memphis art culture. Thats why this is important, Pierotti said. There is a generation of artists making Memphis their home. Theyre committed to producing art that is somehow connected to the city, but at the same time promoting Memphis as an arts town and deepening the identity that we have here.
happenings
Community
The Tennessee Beta Unit of Parliamentarians will hold its monthly meeting and educational program Monday at 6 p.m. at the Poplar-White Station Branch Library, 5094 Poplar Ave. The International Business Council of the Greater Memphis Chamber will host a forum titled China The New Frontier for Export Tuesday from 8 a.m. to 11:30 a.m. at the Holiday Inn University of Memphis, 3700 Central Ave. Panelists will provide an understanding of the market and business language/culture in China, the demand for goods to be imported into China and how to access the markets. For reservations, contact Brenda
LaunchMemphis will host its fourth annual 48 Hour Launch Friday at 5 p.m. through Jan. 30 at 7 p.m. at EmergeMemphis, 516 Tennessee St. The entrepreneurship program will allow participants to pitch their ideas to other professionals. To register or for more information, visit www.launchmemphis.com.
History of Saving Lives Tuesday at 6 p.m. at Davis-Kidd, 387 Perkins Road Extended. Talk Shoppe will present The Mastermind Principle: Sharing Ideas, Referrals and Resources with Other Businesses People in a Small Group Wednesday from 9 a.m. to 10 a.m. at the Better Business Bureau, 3693 Tyndale Drive. For more information, call 482-0354.
537-1483 or visit www.buckmanartscenter.com. The IRIS Orchestra will perform with Time for Three Saturday at 8 p.m. at the Germantown Performing Arts Centre, 1801 Exeter Road. Tickets are $55. For more information, call the Germantown Performing Arts Centre at 751-7500. The Germantown Performing Arts Centre will present Rhapsody in Boop with composer Kathy Kosins Sunday at 2 p.m. at the GPAC, 1801 Exeter Road. Tickets are $20, $25 and $30. For tickets, call 751-7500 or visit www. gpacweb.com. The Dixon Gallery and Gardens will present the exhibit
Joe Jones: Radical Painter of the American Scene Sunday through April 17 at the Dixon, 4336 Park Ave. For more information, call 761-5250 or visit www.dixon.org. The Buckman Arts Center at St. Marys School will present a performance by Leon Redbone Wednesday and Thursday at 7 p.m. at Buckman, 60 Perkins Extended. Tickets are $35 for adults and $31.50 for students and seniors. For more information or tickets, call 537-1483 or visit www.buckmanartscenter.com. Playhouse on the Square will present Speech & Debate by Stephen Karam through Jan. 30 at TheatreWorks, 2085 Monroe Ave. For more information or tickets, call 726-4656.
Montgomery at 543-3541 or bmontgomery@memphischamber.com. The Alliance for Nonprofit Excellence will hold a workshop Tuesday from 8:30 a.m. to 3:30 p.m. at its office, 5100 Poplar Ave., Suite 502. Participants will develop basic familiarity with the principles
of nonprofit finance. Cost is for $99 members, $150 for nonmembers and $89 for those in the Program for Nonprofit Excellence. Call 684-6605 or visit www.npexcellence.org. Davis-Kidd Booksellers will host a book signing with Dr. Irvin Fleming, author of The American Cancer Society: A
The Arts
The Buckman Arts Center at St. Marys School will present Magic Carpet Ride: MiddleEastern Music and Belly Dancing with Jasmine Saturday at 10 a.m. at Buckman, 60 Perkins Extended. Cost is $5 per child and free for adults. For more information, call
January 22-28, 2011 31
food & wine

R E STAURA N T I N SI D E R
Condy Gives the Inside Dish On a Wine Managers Methods

FREDRIC KOEPPEL | The Memphis News
Fredric Koeppel
MEMPHIS GRAPEVINE
ohn Condys interest in food and wine was piqued years ago when he worked at Captain Bilbos, once a mainstay of Downtown dining and dancing but long gone. Readers who remember Bilbos will understand that its a far cry from that rowdy purveyor of seafood on Wagner Place to the elegance and creativity of Erling Jensen: The Restaurant in East Memphis, yet thats where Condy, 45, presides as wine manager. He came to Memphis from New Orleans in 1983 to attend Rhodes College but by 1985 was at Bilbos. He worked briefly at Dux where Capriccio Italian Steakhouse is now in The Peabody hotel and then moved to Chez Philippe. His stint at the Photo: Lance Murphey opulent fine-dining restaurant John Condy is the wine manager at Erling Jensen: The Restaurant. Condy, a New Orleans from 1990 to 1993 took him from native, started working at the restaurant in 1997. waiter to captain. producers reputation. Usually, the make it more friendly and useful for Chez Philippe is where I really wholesalers come by the restaurant the customer. We didnt have much in started learning about wine, Condy once or twice a month with offers of the way of Spain or Chile, and Italy and said. Jose (Gutierrez, the chef) was new wines to try. If Im looking for a Bordeaux were represented in a small knowledgeable about wine, and we particular wine, Ill contact a wholesaler way. I cut the inventory in half. There had intensive training sessions with and see about getting in brought in for were expensive wines that we were Shields Hood (then the wine manager the restaurant. I like to feature wines keeping a case or more of. We dont for Athens Distributing). That was the that are exclusive to Erlings, or as excluhave room here for that kind of invenfoundation of my knowledge. sive as they can be. tory. For example, the most expensive Condy left Chez Philippe in 1993 to Q: Do wholesalers offer you wines wine on the list is Chateau Moutonbe one of the original waiters at Gene that may be a behind the current vinRothschild 1996, at $669. I keep one Bjorklunds still-lamented Aubergine, tage? bottle in inventory. When that sells, Ill and in 1997, just after Erling Jensen A: Yes, thats a great way to get some find something to replace it. opened, he switched jobs again. He has special bottles on the list, especially if Q: Do you find that because of the been at Erlings ever since, overseeing a they have a little age and are drinking nature of the restaurant people are list of about 195 different wines in adwell. The wholesaler may want to get more willing to spend more for a bottle dition to taking care of the restaurants the wine off their inventory, so they sell of wine? new bar. at a good price. Customers benefit by A: Were perceived as a special ocThe list offers 31 wines by the glass having wine available that they might casion restaurant, so people who are ($9 to $19), 27 wines by the half-bottle not see anywhere else, and I can pass celebrating a birthday or anniversary ($28 to $345) and 137 full bottles; 60 of the savings on to them. tend to be willing to up the ante and those standard bottles are priced at $60 Q: Whats your pricing structure? spend more than they might at another or less, with the least expensive at $22. A: Generally the price on the list time or a different restaurant. The Restaurant Insider spoke with is two or three times my price, that is Q: Whats the motivation for the Condy about his role as wine manager. two or three times the wholesale price. wine-by-the-glass and half-bottle Q: Since you had been a waiter Thats a pretty standard restaurant programs? for so many years, what gave you the mark-up. Recently, though, a wholesalA: The point of selling wine by the confidence to be the wine manager for glass and half-bottle is to keep the qual- er needed to sell some Justin Isosceles what is arguably one of the citys best 2006 (a Bordeaux-style blend from Paso ity as high as possible and give customand most expensive restaurants? Robles) and I was able to put it on the ers the chance to try wines they might A: Well, Ive always felt comfortable list for $68. Thats less than the retail not otherwise try. With half-bottles, dealing with customers, helping them price in many parts of the country. people can have a white with appetizwith wine choices or making recomQ: What would you add to your ers and a red with their entrees or share mendations. Ive traveled, Ive been to wine list of you could? the wines throughout dinner without close to 50 wineries in California. When A: Im not interested in having one consuming too much. my predecessor, Bradley Chauvin, left of those telephone-book lists. Were a Q: Explain the process of ordering in May 2008, I felt pretty confident little weak in the Rhone area, though, wines or how you choose wines for the about taking the job. and Id like to have more selection in Q: Did you make any changes to the list. South Africa, New Zealand and AusA: A number of factors are involved. wine list immediately? tralia. The important thing is a list that Occasionally Ill order a wine through A: We had a very solid four-page list people feel comfortable with but gives a wholesaler without tasting it, based that was arranged in broad categories. them new experiences. on my reading and reviews and the I wanted to categorize the list better,
Intriguing Cocktail Blends Flavors From Around World
ormally, if someone offered me a Champagne cocktail, I would turn aside and quietly go my way. Why waste a good dose of fine bubbly when it would be just as easy to sip a chaste, bracing Martini? However, when John Condy, wine manager at Erling Jensen: The Restaurant, recently offered a Canton Royale cocktail that combines a glass of J Cuve 20, one of my favorite sparkling wines from California, and a shot of Domaine de Canton Ginger and Cognac Liqueur, I was intrigued. Sometimes you have to trust another persons instincts. Domaine de Canton Ginger and Cognac Liqueur is made in Frances cognac region, from Vietnamese baby ginger with infusions of Tahitian vanilla, Provenal honey and Tunisian ginseng. This concoction is blended with eaux de vie (colorless fruit brandies) and VSOP and XO Grande Champagne Cognac. A Canton Royale presents a shimmering pale gold color and provocative aromas and flavors of spiced and macerated ginger and cloves, sandalwood, orange blossoms, along with a hint of some tropical flower and a sort of lemony-woody note. The sparkling wine lends a sense of elevation and animation to the cocktail, which trifles with sweetness yet keeps an anchor in something paradoxically subtle, dry and austere. This may not be the drink of choice in Ho Chi Minh City, but it felt exotic and somehow Asian to me. $14 from the Sparkling Libations list. For more about wine, check out Koeppel's blog at http://www.biggerthan yourhead.net.
Canton Royale
6 ounces J Cuve 20 Brut 1.5 ounces Domaine de Canton Ginger and Cognac Liqueur Stir the liqueur in a mixing glass with ice and a squeeze of lemon. Pour carefully into the sparkling wine in a white wine glass. Rub rim of glass with a lemon twist and float the twist in the drink. This is the first in an occasional series of forays into local cocktail culture.
32 January 22-28, 2011
Week of 1/24/11 - 1/30/11
report was that the birds died of blunt force trauma. Which gives their fireworks story credibility, they say, claiming that after the fireworks exploded the birds panicked and flew into houses, cars and each other. Im not buying it. Ive heard birds hit houses and cars before
The Weekly Crossword

The Weekly Crossword
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Edited by Margie E. Burke
by Margie E. Burke
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Copyright 2011 by The Puzzle Syndicate
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with WeCanKnow.com believes an article from the European in the widely publicized date Union Times on Jan. 4 that may of May 21, 2011 as the official explain everything A shocking report prepared Judgment Day for all mankind. for Prime Minister Putin by the WeCanKnow.com has billboards www.thememphisnews.com around the state warning citizens Foreign Military Intelligence of the looming day. Warden has Directorate (GRU) states that Whe not given specifics but says that one of the United States top when you these dying bird occurrences experts in biological and chemiThe cal weapons was brutally mur- and antic should be expected. millions Mystery is not on parts any Hora COUPLE OF LEGAL TALES By Victor Fleming heart of a 1 2 3 4 5 6 7 8 9 10 11 12 13 Across For t 1 Misbehaves familiar w 14 15 16 7 Buds in the hood was the p 17 18 19 11 T, on a test question, say of the Ba 14 With 20-Across, Hilda to ten by 20 21 Horace Mortimer 15 Traditional tales 22 23 24 25 26 Q.C 16 Last name in anonymous Counsel, 27 28 29 30 31 32 33 litigants referred t 17 Ranchers rope 34 35 36 37 38 Customer 18 Set too high a value on Prod 39 40 20 See 14-Across the BBC 22 Word with Kool or legal 41 42 43 44 45 46 47 Decembe 25 Caustic agent 1992: 44 48 49 50 51 26 Part of a barrel You read 27 Nibble like a beaver 52 53 54 55 56 57 episodes! 29 Grown eft It wa 33 Finish for teen or golden 58 59 60 61 62 the USA 34 Map miniatures it regular 63 64 65 66 67 37 Shares the 90s. 39 Horaces portrayer 68 69 70 Forty-fou 41 Popular tune for a tenor only thre 71 72 73 44 Retain as an employee this coun 48 People I no 49 ... dare to ___ peach?: 8 Move aimlessly 46 Mining find with the T.S. Eliot 9 Oft-disassembled cookie 47 State-of-the-art the Com 51 I double dog ___ you 10 Belgrade residents 50 Terriers sound on DVD 52 Group of naval vessels 11 Twenty-four hours back ... 53 Get to emotionally I won 54 Cape Towns home (abbr.) 12 Odd 55 Pierces with a fork, e.g. to watch 57 Drops on the grass 13 Furrow fillers 56 Oodles To s 58 With 70-Across, Horace ... 19 Hired, as a lawyer 59 Better-than never connecadvocate, and title of a classic BBC 21 Low card in a high straight tion Leo McK series 22 Amount on page1 of a 1040 60 Blunders in the co 63 Bye lines? (abbr.) 61 Castor and Olive 64 Homes for hawks the notio 23 Rural lodgings 62 New York county 68 Racings Unsers ever beco 24 ___ Boot (1981 movie) 65 Not feeling well 69 PC keyboard key or, worse 28 Like some secrets 66 Sushi fare 70 See 58-Across To 30 Part of Disney World 67 Part of SSS (abbr.) 71 Word before Moines or glory and 31 Chinese frypan Plaines Last weeks solution Old Baile 72 Dame of the piano 32 Captain Kirks journey persuade 73 Says C-A-T 35 Golf balls platform guilty ov Down 36 Youve got ___ nerve! tion, (T 1 Lip-reading alternative 38 Three, in Napoli dence m (abbr.) 40 Farrow of Hannah and Her confessio 2 Half a dance? Sisters To s 3 Three times, in an Rx 41 Where the adventurous Pommero 4 Dog-paddle, say drive bar, smok 5 Ryder competitor 42 Capable of being explained and drink 6 Childs hopping game 43 Oxford university nickname Cooking 7 Oozing movie menace 45 Shoulder enhancer Thames perhaps, Victor Flemings puzzles have appeared in many publications, Ordinary including the New York Times and Games Magazine. To h
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January 22-28, 2011
33
public notices
Foreclosure Notices
Shelby County
SUBSTITUTE TRUSTEES SALE Sale at public auction will be on February 1, 2011 at 11:00 A.M. local time, at the southwest door, the Adams Street entrance of the Shelby County Courthouse, Memphis, Tennessee pursuant to Deed of Trust executed by Eric Wrighster, and Doris Wrighster, husband and wife, to Kathryn Harris, Trustee, on March 5, 2003 at Instrument No. 03049613; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Shelby County Registers Office. Owner of Debt: EverBank The following real estate located in Shelby County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record: Described property located in Shelby County, Tennessee, to wit: Lot 13, Final Plat, Phase 1, Area 3, Forest Creek Plan Development (Colliervillie Station, Phase 1), as shown on plat of record in Plat Book 196, Page 123, in the Registers Office of Shelby County, Tennessee, to which plat reference is hereby made for a more particular description of said property. Street Address: 9312 Clearstone Cove, Collierville, Tennessee 38017 Current Owner(s) of Property: Eric Wrighster and wife, Doris Wrighster Other interested parties: Atlantic Credit & Finance, Germantown Dental Group, LVNV Funding and LVNV Funding LLC The street address of the above described property is believed to be 9312 Clearstone Cove, Collierville, Tennessee 38017, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control. SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION. If applicable, the notice requirements of T.C.A. 35-5-117 have been met. All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder. This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time. This office is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Shapiro & Kirsch, LLP Substitute Trustee www.kirschattorneys.com Law Office of Shapiro & Kirsch, LLP 555 Perkins Road Extended, Second Floor Memphis, TN 38117 Phone (901)767-5566 Fax (901)761-5690 File No. 10-011071 Jan. 8, 15, 22, 2011 Fgn11097 SUBSTITUTE TRUSTEES SALE Sale at public auction will be on February 1, 2011 at 11:00 A.M. local time, at the southwest door, the Adams Street entrance of the Shelby County Courthouse, Memphis, Tennessee pursuant to Deed of Trust executed by Ben W. Holland, a single man, to Gail C. Victory, Trustee, on November 14, 2008 at Instrument No. 09004123; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Shelby County Registers Office. Owner of Debt: CitiMortgage, Inc. The following real estate located in
Shelby County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record: Described property located in Shelby County, Tennessee, to wit: Lot 8, Roush and Hobbs Subdivision, as shown on plat of record in Plat Book 5, Page 109 in the Registers Office of Shelby County, Tennessee, to which plat reference is hereby made for a more particular description of said property. Street Address: 1151 Kyle Street, Memphis, Tennessee 38106 Current Owner(s) of Property: Ben W. Holland The street address of the above described property is believed to be 1151 Kyle Street, Memphis, Tennessee 38106, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control. SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION. If applicable, the notice requirements of T.C.A. 35-5-117 have been met. SALE IS SUBJECT TO ANY INTEREST THAT MAY EXIST IN UNRELEASED DEED OF TRUST OF RECORD AT INSTRUMENT NUMBER 08146162, IN THE REGISTERS OFFICE OF SHELBY COUNTY, TENNESSEE. All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder. This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time. This office is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Shapiro & Kirsch, LLP Substitute Trustee www.kirschattorneys.com Law Office of Shapiro & Kirsch, LLP 555 Perkins Road Extended, Second Floor Memphis, TN 38117 Phone (901)767-5566 Fax (901)761-5690 File No. 10-011648 Jan. 8, 15, 22, 2011 Fgn11098 SUBSTITUTE TRUSTEES SALE Sale at public auction will be on February 1, 2011 at 11:00 A.M. local time, at the southwest door, the Adams Street entrance of the Shelby County Courthouse, Memphis, Tennessee pursuant to Deed of Trust executed by Ocie B. Boyd, A Married Man, to Kathryn L. Harris, Trustee, on November 27, 2002 at Instrument No. 02208097; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Shelby County Registers Office. Owner of Debt: EverBank The following real estate located in Shelby County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record: Described property located in Shelby County, Tennessee, to wit: Lot 10, First Addition, Belover Woods Subdivision, as shown on plat of record in Plat Book 21, Page 74, in the Registers Office of Shelby County, Tennessee, reference to which plat is hereby made for a more particular description of said property. Street Address: 1879 Coventry Drive, Memphis, Tennessee 38127 Current Owner(s) of Property: Ocie B. Boyd Other interested parties: Bank of America c/o Paul Mendelson, Mendelson Law Firm and Beal Bank, S.S.B. c/o Robert F. Miller, R. Campbell Hillyer,
Farris Mathews Branan Bobango Hellen & Dunlap PLC The street address of the above described property is believed to be 1879 Coventry Drive, Memphis, Tennessee 38127, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control. SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION. If applicable, the notice requirements of T.C.A. 35-5-117 have been met. All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder. This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time. This office is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Shapiro & Kirsch, LLP Substitute Trustee www.kirschattorneys.com Law Office of Shapiro & Kirsch, LLP 555 Perkins Road Extended, Second Floor Memphis, TN 38117 Phone (901)767-5566 Fax (901)761-5690 File No. 10-012529 Jan. 8, 15, 22, 2011 Fgn11099 SUBSTITUTE TRUSTEES SALE Sale at public auction will be on February 1, 2011 at 11:00 A.M. local time, at the southwest door, the Adams Street entrance of the Shelby County Courthouse, Memphis, Tennessee pursuant to Deed of Trust executed by Curtis E. Johnson and Wife, Priscilla A. Johnson, to Priority Trustee Services of Tennessee, L.L.C., Trustee, on June 13, 2005 at Instrument No. 05099681; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Shelby County Registers Office. Owner of Debt: Wells Fargo Bank, N.A., as Trustee for Securitized Asset Backed Receivables LLC Trust 2005OP2, Mortgage Pass-Through Certificates, Series 2005-OP2 The following real estate located in Shelby County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record: Described property located in Shelby County, Tennessee, to wit: Lot 32, Section 2, Greer and Kimbroughs First Addition to Barron Manor Subdivision, as shown on plat of record in Plat Book 15, Page 57, in the Registers Office of Shelby County, Tennessee, to which plat reference is hereby made for a more particular description of said property. Street Address: 3641 Barron Avenue, Memphis, Tennessee 38111 Current Owner(s) of Property: Curtis E. Johnson and Wife, Priscilla A. Johnson Other interested parties: Merrill Communications c/o Paul Mendelson, Mendelson Law Firm, LVNV Funding LLC c/o Bryan E. Hosto, Hosto & Buchan PLLC and Capital One Bank c/o Bryan E. Hosto, Hosto & Buchan PLLC The street address of the above described property is believed to be 3641 Barron Avenue, Memphis, Tennessee 38111, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control. SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION. If applicable, the notice requirements
of T.C.A. 35-5-117 have been met. All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder. This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time. This office is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Shapiro & Kirsch, LLP Substitute Trustee www.kirschattorneys.com Law Office of Shapiro & Kirsch, LLP 555 Perkins Road Extended, Second Floor Memphis, TN 38117 Phone (901)767-5566 Fax (901)761-5690 File No. 10-012050 Jan. 8, 15, 22, 2011 Fgn11100 SUBSTITUTE TRUSTEES SALE Sale at public auction will be on February 1, 2011 at 11:00 A.M. local time, at the southwest door, the Adams Street entrance of the Shelby County Courthouse, Memphis, Tennessee pursuant to Deed of Trust executed by Anthony Sor and Barile Kinako, Husband and Wife, to Trace Robbins, Trustee, on July 26, 2007 at Instrument No. 07118597; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Shelby County Registers Office. Owner of Debt: Household Financial Center, Inc. The following real estate located in Shelby County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record: Described property located in Shelby County, Tennessee, to wit: Lot 64A, Resubdivision of Lot 64, Speedway Terrace Subdivision Partition, Section B, as shown on Plat of record in Plat Book 141, Page 47, in the Registers Office of Shelby County, Tennessee, to which plat reference is hereby made for a more particular description of said property. Street Address: 1304 Faxon Avenue, Memphis, Tennessee 38104 Current Owner(s) of Property: Anthony Sor and wife, Barile Kinako The street address of the above described property is believed to be 1304 Faxon Avenue, Memphis, Tennessee 38104, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control. SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION. If applicable, the notice requirements of T.C.A. 35-5-117 have been met. All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder. This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time. This office is a debt collector. This is an attempt to collect a debt and any information obtained will be used for
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that purpose. Shapiro & Kirsch, LLP Substitute Trustee www.kirschattorneys.com Law Office of Shapiro & Kirsch, LLP 555 Perkins Road Extended, Second Floor Memphis, TN 38117 Phone (901)767-5566 Fax (901)761-5690 File No. 10-007281 Jan. 8, 15, 22, 2011 Fgn11102 SUBSTITUTE TRUSTEES SALE Sale at public auction will be on February 1, 2011 at 11:00 A.M. local time, at the southwest door, the Adams Street entrance of the Shelby County Courthouse, Memphis, Tennessee pursuant to Deed of Trust executed by Eric Calmes, a married person, to Kathryn L. Harris, Trustee, on December 16, 2002 at Instrument No. 02222092; Re-recorded on 04/04/2003 at Instrument Number 03064508.; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Shelby County Registers Office. Owner of Debt: EverBank The following real estate located in Shelby County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record: Described property located in the City of Memphis, Shelby County, Tennessee, to wit: Lot 68, Section B, First Addition, Windyke Hills Subdivision, as shown on plat of record in Plat Book 61, Page 11, in the Registers Office of Shelby County, Tennessee, to which plat reference is hereby made for a more particular description of said lot. Street Address: 3945 Windyke Drive, Memphis, Tennessee 38125 Current Owner(s) of Property: Eric Calmes and wife, Jacquelyn D. Young Other interested parties: Beasley Investment Co., First Money Financial Services, Inc. and LVNV Funding, LLC as Assignee of Sears The street address of the above described property is believed to be 3945 Windyke Drive, Memphis, Tennessee 38125, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control. SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION. If applicable, the notice requirements of T.C.A. 35-5-117 have been met. All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder. This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time. This office is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Shapiro & Kirsch, LLP Substitute Trustee www.kirschattorneys.com Continued on page 34
34
January 22-28, 2011
public notices
Foreclosure Notices
Continued from page 33 Law Office of Shapiro & Kirsch, LLP 555 Perkins Road Extended, Second Floor Memphis, TN 38117 Phone (901)767-5566 Fax (901)761-5690 File No. 07-12984 Jan. 8, 15, 22, 2011 Fgn11101 SUBSTITUTE TRUSTEES SALE Sale at public auction will be on February 1, 2011 at 11:00 A.M. local time, at the southwest door, the Adams Street entrance of the Shelby County Courthouse, Memphis, Tennessee pursuant to Deed of Trust executed by Timothy C. Stout, Sr, An unmarried person, to Emmett James House or Bill R. McLaughlin, Trustee, on October 26, 2007 at Instrument No. 07169580; Re-recorded on 03/11/2008 in Instrument Number 08032947; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Shelby County Registers Office. Owner of Debt: Regions Bank DBA Regions Mortgage The following real estate located in Shelby County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record: Described property located in Shelby County, Tennessee, to wit: Unit 108-2, Belvedere Gardens Condominiums, as established under Master Deed of record in Instrument Number U8-8951, in the Registers Office of Shelby County, Tennessee, to which Master Deed reference is hereby made for a more particular description of said unit. Street Address: 108 North Belvedere Boulevard, Apartment 2, Memphis, Tennessee 38104 Current Owner(s) of Property: Timothy C. Stout, Sr., a single person Other interested parties: Belvedere Gardens Condominium Association, Inc., c/o Dinkelspiel, Rasmussen & Mink, PLLC The street address of the above described property is believed to be 108 North Belvedere Boulevard, Apartment 2, Memphis, Tennessee 38104, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control. SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION. If applicable, the notice requirements of T.C.A. 35-5-117 have been met. SALE IS SUBJECT TO ANY INTEREST THAT MAY EXIST IN UNRELEASED DEED OF TRUST OF RECORD AT INSTRUMENT NUMBER EC-1889, IN THE REGISTERS OFFICE OF SHELBY COUNTY, TENNESSEE. All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder. This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time. This office is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Shapiro & Kirsch, LLP Substitute Trustee www.kirschattorneys.com Law Office of Shapiro & Kirsch, LLP 555 Perkins Road Extended, Second Floor Memphis, TN 38117 Phone (901)767-5566 Fax (901)761-5690 File No. 10-010890 Jan. 8, 15, 22, 2011 Fgn11104 SUBSTITUTE TRUSTEES SALE Sale at public auction will be on February 1, 2011 at 11:00 A.M. local time, at the southwest door, the Adams Street entrance of the Shelby County Courthouse, Memphis, Tennessee pursuant to Deed of Trust executed by Natasha Brown a Married Woman, to Kathryn L. Harris, Trustee, on March 18, 2009 at Instrument No. 09032133; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Shelby County Registers Office. Owner of Debt: Wells Fargo Bank, NA The following real estate located in Shelby County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record: Described property located in Shelby County, Tennessee, to wit: Lot 156, Section A, Carriage Place Subdivision, as shown on plat of record in Plat Book 132, Page 33, in the Registers Office of Shelby County, Tennessee, reference to which plat is hereby made for a more particular description of said property. Street Address: 6452 Valley Oak Drive, Memphis, Tennessee 38141 Current Owner(s) of Property: Natasha Brown The street address of the above described property is believed to be 6452 Valley Oak Drive, Memphis, Tennessee 38141, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control. SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION. If applicable, the notice requirements of T.C.A. 35-5-117 have been met. All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder. This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time. This office is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Shapiro & Kirsch, LLP Substitute Trustee www.kirschattorneys.com Law Office of Shapiro & Kirsch, LLP 555 Perkins Road Extended, Second Floor Memphis, TN 38117 Phone (901)767-5566 Fax (901)761-5690 File No. 10-012721 Jan. 8, 15, 22, 2011 Fgn11106 SUBSTITUTE TRUSTEES SALE Sale at public auction will be on February 1, 2011 at 11:00 A.M. local time, at the southwest door, the Adams Street entrance of the Shelby County Courthouse, Memphis, Tennessee pursuant to Deed of Trust executed by Ursula K. Thomas, An Unmarried Person, to Larry N. Westbrook, Esq, Trustee, on June 30, 2005 at Instrument No. 05107990; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Shelby County Registers Office. Owner of Debt: PHH Mortgage Corporation The following real estate located in Shelby County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record: Described property located in Shelby County, Tennessee, to wit: Lot 175, Section B, Willow Park Subdivision, as shown on plat of record in Plat Book 21, Page 53, in the Registers Office of Shelby County, Tennessee, to which plat reference is hereby made for a more particular description of said property. Street Address: 1825 Lanier Street (Per Deed of Trust), Memphis, Tennessee 38117 Current Owner(s) of Property: Ursula Thomas, a single person The street address of the above described property is believed to be 1825 Lanier Street (Per Deed of Trust), Memphis, Tennessee 38117, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control. SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION. If applicable, the notice requirements of T.C.A. 35-5-117 have been met. All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder. This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time. This office is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Shapiro & Kirsch, LLP Substitute Trustee www.kirschattorneys.com Law Office of Shapiro & Kirsch, LLP 555 Perkins Road Extended, Second Floor Memphis, TN 38117 Phone (901)767-5566 Fax (901)761-5690 File No. 10-012263 Jan. 8, 15, 22, 2011 Fgn11103 SUBSTITUTE TRUSTEES SALE Sale at public auction will be on February 1, 2011 at 11:00 A.M. local time, at the southwest door, the Adams Street entrance of the Shelby County Courthouse, Memphis, Tennessee pursuant to Deed of Trust executed by Jose Lopez, an unmarried person, to Arnold M. Weiss, Esq., Trustee, on October 23, 2006 at Instrument No. 06175841; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Shelby County Registers Office. Owner of Debt: US Bank National Association, as Trustee for CMLTI 2007-WFHE1 The following real estate located in Shelby County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record: Described property located in Shelby County, Tennessee, to wit: Lot 208, Creekside Subdivision, Section E, as shown on plat of record in Plat Book 131, Page 47, in the Registers Office of Shelby County, Tennessee, to which plat reference is hereby made for a more particular description of said property. Street Address: 4220 Beach Shore Cove, Memphis, Tennessee 38125 Current Owner(s) of Property: Jose Lopez, an unmarried person Other interested parties: Southstar Funding, LLC, Mortgage Electronic Registration Systems, Inc., Wells Fargo, Wells Fargo Home Mortgage, CIT Group and Citigroup Global Markets Realty Corp. The street address of the above described property is believed to be 4220 Beach Shore Cove, Memphis, Tennessee 38125, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control. SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION. If applicable, the notice requirements of T.C.A. 35-5-117 have been met. All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder. This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time. This office is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Shapiro & Kirsch, LLP Substitute Trustee www.kirschattorneys.com Law Office of Shapiro & Kirsch, LLP 555 Perkins Road Extended, Second Floor Memphis, TN 38117 Phone (901)767-5566 Fax (901)761-5690 File No. 10-012669 Jan. 8, 15, 22, 2011 Fgn11105 SUBSTITUTE TRUSTEES SALE Sale at public auction will be on February 1, 2011 at 11:00 A.M. local time, at the southwest door, the Adams Street entrance of the Shelby County Courthouse, Memphis, Tennessee pursuant to Deed of Trust executed by Charlotte A. McDaniel, A Single Person, to Arnold M. Weiss, Esq., Trustee, on November 16, 2009 at Instrument No. 09137192; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Shelby County Registers Office. Owner of Debt: Wells Fargo Bank, NA The following real estate located in Shelby County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record: Described property located in Shelby County, Tennessee, to wit: Lot 38, Block 7, Jefferson Park Subdivision, as shown on Plat of record in Plat Book 9, Page 88, in the Registers Office of Shelby County, Tennessee, to which plat reference is hereby made for a more particular description of said property. Street Address: 3066 Benjestown Road, Memphis, Tennessee 38127 Current Owner(s) of Property: Charlotte A. McDaniel, Single The street address of the above described property is believed to be 3066 Benjestown Road, Memphis, Tennessee 38127, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control. SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION. If applicable, the notice requirements of T.C.A. 35-5-117 have been met. All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder. This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time. This office is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Shapiro & Kirsch, LLP Substitute Trustee www.kirschattorneys.com Law Office of Shapiro & Kirsch, LLP 555 Perkins Road Extended, Second Floor Memphis, TN 38117 Phone (901)767-5566 Fax (901)761-5690 File No. 10-012741 Jan. 8, 15, 22, 2011 Fgn11107 SUBSTITUTE TRUSTEES SALE Sale at public auction will be on February 1, 2011 at 11:00 A.M. local time, at the southwest door, the Adams Street entrance of the Shelby County Courthouse, Memphis, Tennessee pursuant to Deed of Trust executed by Deborah Lee, Unmarried, to Bill R. McLaughlin and Anne B. Davenport, Trustee, on October 16, 1997 at Instrument No. GY0731;
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January 22-28, 2011
35
public notices
conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Shelby County Registers Office. Owner of Debt: EverBank The following real estate located in Shelby County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record: Described property located in the City of Memphis, Shelby County, Tennessee, to wit: Apartment Unit Number 12 in Willowgrove Townhomes Condominium, Section One, according to the Master Deed of Willowgrove Townhomes Condominium, Section One, dated December 27, 1972 filed for record in the Registers Office of Shelby County, Tennessee, bearing Registers Number H4 7604, and Amendment thereto, Registers Number H5 0946, reference to which is hereby made for a more detailed description of said apartment unit, together with the undivided interest in the Common Elements declared in said Master Deed to be an appurtenance to the above-described apartment unit. Street Address: 1824 Janis Drive, Unit 12, Memphis, Tennessee 38116 Current Owner(s) of Property: Deborah Lee, Unmarried Other interested parties: City of Memphis, Division of Housing and Community Development The street address of the above described property is believed to be 1824 Janis Drive, Unit 12, Memphis, Tennessee 38116, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control. SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION. If applicable, the notice requirements of T.C.A. 35-5-117 have been met. All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder. This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time. This office is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Shapiro & Kirsch, LLP Substitute Trustee www.kirschattorneys.com Law Office of Shapiro & Kirsch, LLP 555 Perkins Road Extended, Second Floor Memphis, TN 38117 Phone (901)767-5566 Fax (901)761-5690 File No. 10-012911 Jan. 8, 15, 22, 2011 Fgn11108 SUBSTITUTE TRUSTEES SALE Sale at public auction will be on February 1, 2011 at 11:00 A.M. local time, at the southwest door, the Adams Street entrance of the Shelby County Courthouse, Memphis, Tennessee pursuant to Deed of Trust executed by Arika D. Dubowik, an unmarried person, to Emmett James House and Bill R. McLaughlin, Trustee, on November 30, 2001 at Instrument No. 01000733; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Shelby County Registers Office. Owner of Debt: EVERBANK - HFI The following real estate located in Shelby County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record: Described property located in Shelby County, Tennessee, to wit: Lot 932, Section K, Country Clubs Estates Subdivision, as shown on plat of record in Plat Book 20, Page 43, in the Registers Office of Shelby County, Tennessee, to which plat reference is hereby made for a more particular description of said property. Street Address: 5061 Quince Road, Memphis, Tennessee 38117 Current Owner(s) of Property: Arika D. DuBowik, unmarried Other interested parties: Mortgage Electronic Registration Systems, Inc., MBNA America (Delaware), N.A., BAC Home Loans Servicing, LP and BOA The street address of the above described property is believed to be 5061 Quince Road, Memphis, Tennessee 38117, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control. SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION. If applicable, the notice requirements of T.C.A. 35-5-117 have been met. All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder. This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time. This office is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Shapiro & Kirsch, LLP Substitute Trustee www.kirschattorneys.com Law Office of Shapiro & Kirsch, LLP 555 Perkins Road Extended, Second Floor Memphis, TN 38117 Phone (901)767-5566 Fax (901)761-5690 File No. 10-012815 Jan. 8, 15, 22, 2011 Fgn11109 SUBSTITUTE TRUSTEES SALE Sale at public auction will be on February 1, 2011 at 11:00 AM local time, at the southwest door, the Adams Street entrance of the Shelby County Courthouse, Memphis, Tennessee pursuant to Deed of Trust executed by LaSalle D. Demming, an Unmarried Person, to William H. Lovell, III, Trustee, on January 20, 1998 at Instrument No. HC6143; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Shelby County Registers Office. Owner of Debt: Regions Bank D/B/A Regions Mortgage The following real estate located in Shelby County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record: Described property located in Shelby County, Tennessee, to wit: Lot 55, Section A, Mitchell Road School Subdivision, as shown on plat of record in Plat Book 43, Page 20, in the Registers Office of Shelby County, Tennessee, to which plat reference is hereby made for a more particular description of said property. Street Address: 3417 Rebeh Road, Memphis, Tennessee 38109 Current Owner(s) of Property: LaSalle D. Demming, An Unmarried Person Other interested parties: City of Memphis, Tennessee, c/o Division of Housing and Community Development and Secretary of Housing and Urban Development The street address of the above described property is believed to be 3417 Rebeh Road, Memphis, Tennessee 38109, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control. SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION. If applicable, the notice requirements of T.C.A. 35-5-117 have been met. SALE IS SUBJECT TO ONE YEAR RIGHT OF REDEMPTION HELD BY SECRETARY OF HOUSING & URBAN DEVELOPMENT BY REASON OF THE DEED OF TRUST OF RECORD AT INSTRUMENT NO. 03101803, IN REGISTERS OFFICE OF SHELBY COUNTY, TENNESSEE. All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder. This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time. This office is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Shapiro & Kirsch, LLP Substitute Trustee www.kirschattorneys.com Law Office of Shapiro & Kirsch, LLP 555 Perkins Road Extended, Second Floor Memphis, TN 38117 Phone (901)767-5566 Fax (901)761-5690 File No. 07-17056 Jan. 8, 15, 22, 2011 Fgn11110 SUBSTITUTE TRUSTEES SALE Sale at public auction will be on February 7, 2011 at 11:00 A.M. local time, at the southwest door, the Adams Street entrance of the Shelby County Courthouse, Memphis, Tennessee pursuant to Deed of Trust executed by Toric Christopher Grigsby & Bolormaa Grigsby, Husband & Wife, to Lenders Title & Escrow, LLC, Trustee, on April 26, 2007 at Instrument No. 07073643; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Shelby County Registers Office. Owner of Debt: Federal National Mortgage Association The following real estate located in Shelby County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record: Described property located in Shelby County, Tennessee, to wit: Lot 8, Phase One, Section A, Garrison Park P.D., as shown on plat of record in Plat Book 165, Page 70, in the Registers Office of Shelby County, Tennessee, to which plat reference is hereby made for a more particular description of said lot. Street Address: 3196 Garrison Park Circle, Memphis, Tennessee 38119 Current Owner(s) of Property: Toric Christopher Grigsby and Wife, Bolormaa Grigsby The street address of the above described property is believed to be 3196 Garrison Park Circle, Memphis, Tennessee 38119, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control. SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION. If applicable, the notice requirements of T.C.A. 35-5-117 have been met. All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder. This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time. This office is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Shapiro & Kirsch, LLP Substitute Trustee www.kirschattorneys.com Law Office of Shapiro & Kirsch, LLP 555 Perkins Road Extended, Second Floor Memphis, TN 38117 Phone (901)767-5566 Fax (901)761-5690 File No. 10-008317 Jan. 15, 22, 29, 2011 Fgn11111 SUBSTITUTE TRUSTEES SALE Sale at public auction will be on February 7, 2011 at 11:00 A.M. local time, at the southwest door, the Adams Street entrance of the Shelby County Courthouse, Memphis, Tennessee pursuant to Deed of Trust executed by Mitzi K. Hachey, Single, to Rob V. Budhwa, Trustee, on July 21, 2005 at Instrument No. 05121710; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Shelby County Registers Office. Owner of Debt: HSBC MORTGAGE SERVICES INC. The following real estate located in Shelby County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record: Described property located in Shelby County, Tennessee, to wit: Lot 325, Section E, Eastbrook Planned Development as shown on plat of record in Plat Book 148, Page 73, in the Registers Office of Shelby County, Tennessee, to which plat reference is hereby made for a more particular description of said property. Street Address: 276 Home Place, Collierville, Tennessee 38017 Current Owner(s) of Property: Mitzi K. Hachey Other interested parties: HSBC Mortgage Services, Mortgage Electronic Registration Systems, Inc, Fieldstone Mortgage Company and HSBC The street address of the above described property is believed to be 276 Home Place, Collierville, Tennessee 38017, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control. SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION. If applicable, the notice requirements of T.C.A. 35-5-117 have been met. All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder. This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time. This office is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Shapiro & Kirsch, LLP Substitute Trustee www.kirschattorneys.com Law Office of Shapiro & Kirsch, LLP 555 Perkins Road Extended, Second Floor Memphis, TN 38117 Phone (901)767-5566 Fax (901)761-5690
Related Info
File No. 10-012022 Jan. 15, 22, 29, 2011
Fgn11112
SUBSTITUTE TRUSTEES SALE Sale at public auction will be on February 7, 2011 at 11:00 A.M. local time, at the southwest door, the Adams Street entrance of the Shelby County Courthouse, Memphis, Tennessee pursuant to Deed of Trust executed by William R. Snyder Jr, a married person, and Alice E. Snyder, a married person, to Larry N. Westbrook, Trustee, on February 23, 2004 at Instrument No. 04035711; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Shelby County Registers Office. Owner of Debt: PHH Mortgage Corporation The following real estate located in Shelby County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record: Described property located in Shelby County, Tennessee, to wit: Lot 26, Waverly Plantation Planned Development, Phase II, Area C, as shown on plat of record in Plat Book 190, Page 49, in the Registers Office of Shelby County, Tennessee, to which plat reference is hereby made for a more particular description of said property. Street Address: 5972 Wagon Hill Road East ( Per Deed of Trust ), Millington, Tennessee 38053 Current Owner(s) of Property: William R. Snyder, Jr. and wife, Alice E. Snyder The street address of the above described property is believed to be 5972 Wagon Hill Road East ( Per Deed of Trust ), Millington, Tennessee 38053, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control. SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION. If applicable, the notice requirements of T.C.A. 35-5-117 have been met. All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder. This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time. This office is a debt collector. This Continued on page 36
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January 22-28, 2011
public notices
Foreclosure Notices
Continued from page 35 is an attempt to collect a debt and any information obtained will be used for that purpose. Shapiro & Kirsch, LLP Substitute Trustee www.kirschattorneys.com Law Office of Shapiro & Kirsch, LLP 555 Perkins Road Extended, Second Floor Memphis, TN 38117 Phone (901)767-5566 Fax (901)761-5690 File No. 10-009878 Jan. 15, 22, 29, 2011 Fgn11114 SUBSTITUTE TRUSTEES SALE Sale at public auction will be on February 7, 2011 at 11:00 A.M, local time, at the southwest door, the Adams Street entrance of the Shelby County Courthouse, Memphis, Tennessee pursuant to Deed of Trust executed by Eva Saenz, unmarried person, to Accurate Title & Escrow, Trustee, on February 16, 2006 at Instrument No. 06042483; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Shelby County Registers Office. Owner of Debt: Aztec Financial The following real estate located in Shelby County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record: Described property located in Shelby County, Tennessee, to wit: Lot 2, Winbeck Subdivision, as shown on plat of record in Plat Book 60, Page 52, in the Registers Office of Shelby County, Tennessee, to which plat reference is hereby made for a more particular description of said property. Street Address: 3434 Winchester Road, Memphis, Tennessee 38118 Current Owner(s) of Property: Eva Saenz, single Other interested parties: Memphis Bonding Company, Inc. The street address of the above described property is believed to be 3434 Winchester Road, Memphis, Tennessee 38118, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control. SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION. If applicable, the notice requirements of T.C.A. 35-5-117 have been met. All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder. This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time. This office is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Shapiro & Kirsch, LLP Substitute Trustee www.kirschattorneys.com Law Office of Shapiro & Kirsch, LLP 555 Perkins Road Extended, Second Floor Memphis, TN 38117 Phone (901)767-5566 Fax (901)761-5690 File No. 09-017165 Jan. 15, 22, 29, 2011 Fgn11115 SUBSTITUTE TRUSTEES SALE Sale at public auction will be on February 7, 2011 at 11:00 A.M. local time, at the southwest door, the Adams Street entrance of the Shelby County Courthouse, Memphis, Tennessee pursuant to Deed of Trust executed by John H. Parker and Susan Parker, husband and wife, to Richard Rossi, Trustee, on May 15, 2003 at Instrument No. 03100138; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Shelby County Registers Office. Owner of Debt: FIRST HORIZON HOME LOANS, a division of FIRST TENNESSEE BANK NATIONAL ASSOCIATION f/k/a First Horizon Home Loan Corporation The following real estate located in Shelby County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record: Described property located in Shelby County, Tennessee, to wit: Lot 19, Mayfair Subdivision, as shown on plat of record in Plat Book 71, Page 41, in the Registers Office of Shelby County, Tennessee, to which plat reference is hereby made for a more particular description of said property. Street Address: 6446 North Oak Shadows Circle, Memphis, Tennessee 38119 Current Owner(s) of Property: Susan C. Parker, a married person Other interested parties: AmSouth Bank, Regions, Belva M. Merrill, J. Scott Merrill and Travis C. Merrill c/o Jeffrey A. Lane, Attorney and RLI Insurance The street address of the above described property is believed to be 6446 North Oak Shadows Circle, Memphis, Tennessee 38119, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control. SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION. If applicable, the notice requirements of T.C.A. 35-5-117 have been met. All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder. This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time. This office is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Shapiro & Kirsch, LLP Substitute Trustee www.kirschattorneys.com Law Office of Shapiro & Kirsch, LLP 555 Perkins Road Extended, Second Floor Memphis, TN 38117 Phone (901)767-5566 Fax (901)761-5690 File No. 06-3287 Jan. 15, 22, 29, 2011 Fgn11113 SUBSTITUTE TRUSTEES SALE Sale at public auction will be on February 7, 2011 at 11:00 A.M. local time, at the southwest door, the Adams Street entrance of the Shelby County Courthouse, Memphis, Tennessee pursuant to Deed of Trust executed by Donald R. Dotson, Jr., Paris Dotson, Husband and Wife, to Kathryn L. Harris, Trustee, on November 22, 2006 at Instrument No. 06194309; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Shelby County Registers Office. Owner of Debt: HSBC Mortgage Corporation USA The following real estate located in Shelby County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record: Described proeprty located in Shelby County, Tennessee, to wit: Lot 37, Hacks Crossing Planned Development 2nd Amendment, Phase 7, Parcel B and Part of Parcel C, as shown on plat of record in Plat Book 225, Page 25 in the Registers Office of Shelby County, Tennessee, to which plat reference is hereby made for a more particular description of said property. Street Address: 4860 Stirrup Drive, Memphis, Tennessee 38125 Current Owner(s) of Property: Donald R. Dotson, Jr. and wife, Paris Dotson The street address of the above described property is believed to be 4860 Stirrup Drive, Memphis, Tennessee 38125, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control. SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION. If applicable, the notice requirements of T.C.A. 35-5-117 have been met. All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder. This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time. This office is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Shapiro & Kirsch, LLP Substitute Trustee www.kirschattorneys.com Law Office of Shapiro & Kirsch, LLP 555 Perkins Road Extended, Second Floor Memphis, TN 38117 Phone (901)767-5566 Fax (901)761-5690 File No. 10-003633 Jan. 15, 22, 29, 2011 Fgn11116 SUBSTITUTE TRUSTEES SALE Sale at public auction will be on February 14, 2011 at 11:00 A.M. local time, at the southwest door, the Adams Street entrance of the Shelby County Courthouse, Memphis, Tennessee pursuant to Deed of Trust executed by Jervaine Bonney, Zetra Bonney, Husband and Wife, to John O. Rhea, Trustee, on May 3, 2007 at Instrument No. 07075555; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Shelby County Registers Office. Owner of Debt: PNC Mortgage, a division of PNC Bank, National Association successor by merger National City Mortgage, a division of National City Bank The following real estate located in Shelby County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record: Described property located in Shelby County, Tennessee, more particularly described as follows, to-wit: The East 75 feet of the West 225 feet of the North 227 feet of Lot 35, Graham Heights Subdivision as recorded in Plat Book 6, Page 87, in the Registers Office of Shelby County, Tennessee, more particularly described as follows: Beginning at a point in the North line of Whitney Avenue 145 feet East of the proposed East line of Springdale Street as described in Warranty Deed in Book 4220, Page 115, said point of beginning being the Northwest corner of the Strip of land conveyed to the City of Memphis by Warranty Deed in Book 4220, Page 115, for the widening of Whitney Avenue; thence Northwardly parallel with the East line of Springdale Street, a distance of 227 feet to a point in the South line of Lot 37 of said Subdivision; thence Eastwardly along said South line and parallel with the North line of Whitney Avenue, a distance of 75 feet to a point; thence Southwardly and parallel with the East line of Springdale Street, a distance of 227 feet to a point in the present North line of Whitney Avenue, as described in said Warranty Deed in Book 4220, Page 115, in said Registers Office; thence Westwardly along said North line, a distance of 75 feet to the point of beginning. Street Address: 2472 Whitney Avenue, Memphis, Tennessee 38127 Current Owner(s) of Property: Zetra Bonney and Jervaine Bonney (Husband & Wife) The street address of the above described property is believed to be 2472 Whitney Avenue, Memphis, Tennessee 38127, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control. SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION. If applicable, the notice requirements of T.C.A. 35-5-117 have been met. All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder. This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time. This office is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Shapiro & Kirsch, LLP Substitute Trustee www.kirschattorneys.com Law Office of Shapiro & Kirsch, LLP 555 Perkins Road Extended, Second Floor Memphis, TN 38117 Phone (901)767-5566 Fax (901)761-5690 File No. 10-010942 Jan. 22, 29, Feb. 5, 2011 Fgn11117 SUBSTITUTE TRUSTEES SALE Sale at public auction will be on February 14, 2011 at 11:00 A.M. local time, at the southwest door, the Adams Street entrance of the Shelby County Courthouse, Memphis, Tennessee pursuant to Deed of Trust executed by Vickie L. Stanford, to Chad Wright, Trustee, on April 21, 2006 at Instrument No. 06066020; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Shelby County Registers Office. Owner of Debt: American General Financial Services, Inc The following real estate located in Shelby County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record: Described property located in Shelby County, Tennessee, to wit: Lot 17, Phase 1, Raintree Village Subdivision, as shown on plat of record in Plat Book 69, Page 18, in the Registers Office of Shelby County, Tennessee, to which plat reference is hereby made for a more particular description of said property. Street Address: 2522 Softwood Cove, Memphis, Tennessee 38134 Current Owner(s) of Property: Vickie L. Stanford The street address of the above described property is believed to be 2522 Softwood Cove, Memphis, Tennessee 38134, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control. SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION. If applicable, the notice requirements of T.C.A. 35-5-117 have been met. All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder. This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time. This office is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Shapiro & Kirsch, LLP Substitute Trustee www.kirschattorneys.com Law Office of Shapiro & Kirsch, LLP 555 Perkins Road Extended, Second Floor Memphis, TN 38117 Phone (901)767-5566 Fax (901)761-5690 File No. 10-012264 Jan. 22, 29, Feb. 5, 2011 Fgn11118 SUBSTITUTE TRUSTEES SALE Sale at public auction will be on February 14, 2011 at 11:00 A.M. local time, at the southwest door, the Adams Street entrance of the Shelby County Courthouse, Memphis, Tennessee pursuant to Deed of Trust executed by Kenneth L. Melton and wife, Patricia A. Melton, to Accurate Title and Escrow, Trustee, on July 18, 2005 at Instrument No. 05111882; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Shelby County Registers Office. Owner of Debt: CitiMortgage, Inc. The following real estate located in Shelby County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record: Described property located in Shelby County, Tennessee, to wit: Lot 15, Elmore Park Subdivision, as shown on plat of record at Plat Book 16, Page 45, in the Registers Office of Shelby County, Tennessee, to which plat reference is hereby made for a more particular description of said property. Street Address: 6150 Elmore Road, Memphis, (per Deed of Trust), Tennessee 38134 Current Owner(s) of Property: Kenneth L. Melton and wife, Patricia A. Melton The street address of the above described property is believed to be 6150 Elmore Road, Memphis, (per Deed of Trust), Tennessee 38134, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control. SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION. If applicable, the notice requirements of T.C.A. 35-5-117 have been met. All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder. This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded
January 22-28, 2011
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public notices
at any time. This office is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Shapiro & Kirsch, LLP Substitute Trustee www.kirschattorneys.com Law Office of Shapiro & Kirsch, LLP 555 Perkins Road Extended, Second Floor Memphis, TN 38117 Phone (901)767-5566 Fax (901)761-5690 File No. 10-012839 Jan. 22, 29, Feb. 5, 2011 Fgn11119 NOTICE OF TRUSTEES SALE WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated August 25, 2003, and the Deed of Trust of even date securing the same, recorded September 12, 2003, as Instrument No. 03182237 in Office of the Register of Deeds for Shelby County, Tennessee, executed by Sherry Lynn Bass, conveying certain property therein described to American Title Co. as Trustee for New Century Mortgage Corporation; and the undersigned, Shellie Wallace of Wilson & Associates, P.L.L.C., having been appointed Successor Trustee. NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable; and that an agent of Shellie Wallace of Wilson & Associates, P.L.L.C., as Successor Trustee, by virtue of the power, duty, and authority vested in and imposed upon said Successor Trustee will, on February 11, 2011 on or about 12:00 P.M., at the Shelby County Courthouse, Memphis, Tennessee, offer for sale certain property hereinafter described to the highest bidder FOR CASH, free from the statutory right of redemption, homestead, dower, and all other exemptions which are expressly waived in the Deed of Trust, said property being real estate situated in Shelby County, Tennessee, and being more particularly described as follows: Lot 29, Miami Subdivision, as shown on plat of record in Plat Book 12, Page 63, in the registers office of Shelby County, Tennessee, to which plat reference is hereby made for a more particular description of said property. ALSO KNOWN AS: 3733 Miami Road, Memphis, Tennessee 38111 The HB 3588 letter was mailed to the borrower(s) pursuant to Tennessee Code Annotated 35-5-117. This sale is subject to all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. In addition, the following parties may claim an interest in the above-referenced property: Sherry Lynn Bass; United Bonding Company Inc. The sale held pursuant to this Notice may be rescinded at the Successor Trustees option at any time. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. W&A No. 799189679 DATED January 20, 2011. WILSON & ASSOCIATES, P.L.L.C., Successor Trustee By: Shellie Wallace FOR SALE INFORMATION, VISIT WWW. MYFIR.COM and WWW.REALTYTRAC. COM Jan. 22, 29, Feb. 5, 2011 Fgn11120 SUBSTITUTE TRUSTEES SALE Sale at public auction will be on March 1, 2011 at 11:00 A.M. local time, at the southwest door, the Adams Street entrance of the Shelby County Courthouse, Memphis, Tennessee pursuant to Deed of Trust executed by James N. Boutte and Diane E. Boutte, his wife, to Linda J. OConnell, Trustee, on February 14, 2002 at Instrument No. 02031118; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Shelby County Registers Office. Owner of Debt: Regions Bank D/B/A Regions Mortgage The following real estate located in Shelby County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record: Described property located in Shelby County, Tennessee, to wit: Lot 27, Lacey Mosbys Third Addition to Whitehaven Park Subdivision, as shown on plat of record in Plat Book 16, Page 57, in the Registers Office of Shelby County, Tennessee, to which plat reference is hereby made for a more particular description of said property. Street Address: 4082 Shirley Drive, Memphis, Tennessee 38109 Current Owner(s) of Property: Diane Boutte The street address of the above described property is believed to be 4082 Shirley Drive, Memphis, Tennessee 38109, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control. SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION. If applicable, the notice requirements of T.C.A. 35-5-117 have been met. Notice of this Substitute Trustees Sale has been timely given to the United States as required by 26 U.S.C. 7425(b). Terms of Sale will be public auction, for cash, free and clear of rights of homestead, redemption and dower, and the rights of James N. Boutte and Diane E. Boutte, his wife, and those claiming through them, and subject to the right of redemption by the DEPARTMENT OF TREASURY, INTERNAL REVENUE SERVICE by reason of tax lien of record in Instrument Number 07101586 Instrument Number 07178237 Instrument Number 08150831 at the Registers Office of Shelby County, Tennessee, subject to any accrued taxes and restrictions. All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder. This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time. This office is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Shapiro & Kirsch, LLP Substitute Trustee www.kirschattorneys.com Law Office of Shapiro & Kirsch, LLP 555 Perkins Road Extended, Second Floor Memphis, TN 38117 Phone (901)767-5566 Fax (901)761-5690 File No. 10-001398 Jan. 22, 29, Feb. 5, 2011 Fgn11121 SUBSTITUTE TRUSTEES SALE Sale at public auction will be on February 14, 2011 at 11:00 A.M. local time, at the southwest door, the Adams Street entrance of the Shelby County Courthouse, Memphis, Tennessee pursuant to Deed of Trust executed by Marvell T. Boyce and Freda T. Boyce, to Mark A. Rosser, Esq., Trustee, on December 6, 2006 at Instrument No. 07025985; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Shelby County Registers Office. Owner of Debt: LPP Mortgage Ltd. The following real estate located in Shelby County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record: Described property located in Shelby County, Tennessee, to wit: Lot 35, Riverwood Farms Subdivision, 10th Addition, Phase 1, as shown on plat of record in Plat Book 185, Page 11, in the Registers Office, Shelby County, Tennessee, to which plat reference is hereby made for a more particular description of said property. Street Address: 1715 East Belledeer Drive, Cordova, Tennessee 38016 Current Owner(s) of Property: Marvell T. Boyce and Freda T. Boyce Other interested parties: Mortgage Electronic Registration Systems, Inc., Ocwen Loan Servicing, LLC, Deutsche Bank National Trust Company as Trustee, Ocwen Loan Servicing, LLC, New Century Mortgage Corporation and Carrington Capital Management, LLC, and Carrington Mortgage Services, LLC, as purchaser of loan formerly held by New Century Mortgage Corporation and/or New Century Financial Corporation The street address of the above described property is believed to be 1715 East Belledeer Drive, Cordova, Tennessee 38016, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control. SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION. If applicable, the notice requirements of T.C.A. 35-5-117 have been met. All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder. This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time. This office is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Shapiro & Kirsch, LLP Substitute Trustee www.kirschattorneys.com Law Office of Shapiro & Kirsch, LLP 555 Perkins Road Extended, Second Floor Memphis, TN 38117 Phone (901)767-5566 Fax (901)761-5690 File No. 10-012518 Jan. 22, 29, Feb. 5, 2011 Fgn11122 SUBSTITUTE TRUSTEES SALE Sale at public auction will be on February 14, 2011 at 11:00 A.M. local time, at the southwest door, the Adams Street entrance of the Shelby County Courthouse, Memphis, Tennessee pursuant to Deed of Trust executed by Wendy R. Fortney, an unmarried person, to Arnold M. Weiss, Trustee, on May 14, 2004 at Instrument No. 04097149; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Shelby County Registers Office. Owner of Debt: JPMorgan Chase Bank, National Association, as purchaser of the loans and other assets of Washington Mutual Bank, formerly known as Washington Mutual Bank, FA (the Savings Bank) from the Federal Deposit Insurance Corporation, acting as receiver for the Savings Bank and pursuant to its authority under the Federal Deposit Insurance Act, 12 U.S.C. 1821(d) The following real estate located in Shelby County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record: Described property located in Shelby County, Tennessee, to wit: Lot 45 and part of Lot 44, Block H, Mount Arlington Subdivision, as shown on plat of record in Plat Book 2, Page 116, in the Registers Office of Shelby County, Tennessee, and being more particularly described as follows: BEGINNING at a point in the East line of South Cox Street, said point being a common corner of Lots 45 and 46; thence southwardly along said East line a distance of 40.00 feet to a point; thence eastwardly parallel to the line dividing Lots 44 and 45 a distance of 115.00 feet to the West line of Lot 7; thence northwardly along the West line of Lots 6 and 7 a distance of 40.00 feet to the southeast corner of Lot 46; thence westwardly along the line dividing Lots 45 and 46 a distance of 115.0 feet to the point of beginning. Street Address: 1034 South Cox Street, Memphis, Tennessee 38104 Current Owner(s) of Property: Wendy R. Fortney, unmarried Other interested parties: Neighborhood Housing Services of America, Inc., Union Planters Bank, N.A., The Federal Home Loan Bank of Cincinnati and The City of Memphis, through the US Department of Housing and Urban Development under the Home Investment Partnership Act Program The street address of the above described property is believed to be 1034 South Cox Street, Memphis, Tennessee 38104, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control. SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION. If applicable, the notice requirements of T.C.A. 35-5-117 have been met. All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder. This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time. This office is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Shapiro & Kirsch, LLP Substitute Trustee www.kirschattorneys.com Law Office of Shapiro & Kirsch, LLP 555 Perkins Road Extended, Second Floor Memphis, TN 38117 Phone (901)767-5566 Fax (901)761-5690 File No. 10-003785 Jan. 22, 29, Feb. 5, 2011 Fgn11123 SUBSTITUTE TRUSTEES SALE Sale at public auction will be on February 14, 2011 at 11:00 A.M. local time, at the southwest door, the Adams Street entrance of the Shelby County Courthouse, Memphis, Tennessee pursuant to Deed of Trust executed
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by Horace B. Hammons III & Christine A. Hammons, Husband and Wife, to Thomas F. Baker, IV, Trustee, on August 30, 2002 at Instrument No. 02150305; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Shelby County Registers Office. Owner of Debt: Federal National Mortgage Association The following real estate located in Shelby County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record: Described property located in Shelby County, Tennessee, to wit: Lot 31, Abington Woods Subdivision, as shown on plat of record In Plat Book 189, Page 52, in the Registers Office of Shelby County, Tennessee to which plat reference is hereby made for a more particular description of said property. Street Address: 8052 Old Brownsville Road, Arlington, Tennessee 38002 Current Owner(s) of Property: Horace B. Hammons III and wife, Christine A. Hammons The street address of the above described property is believed to be 8052 Old Brownsville Road, Arlington, Tennessee 38002, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control. SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION. If applicable, the notice requirements of T.C.A. 35-5-117 have been met. All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder. This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time. This office is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Shapiro & Kirsch, LLP Substitute Trustee www.kirschattorneys.com Law Office of Shapiro & Kirsch, LLP 555 Perkins Road Extended, Second Floor Memphis, TN 38117 Phone (901)767-5566 Fax (901)761-5690 File No. 10-011830 Jan. 22, 29, Feb. 5, 2011 Fgn11124
The Memphis News Call 683-NEWS
38 January 22-28, 2011
opinion
Stars Aligning for Citys Economic Development
The Gift of a Teddy Bear

When it comes to helping efforts of Last week, we examined two the CAC, there are a number of ways you programs spearheaded by the Memphis Grizzlies Charitable Foundation under their can easily volunteer with an adjustable schedule. As an Ambassador, promote TEAM Up initiative (www.teamupmemthe CAC through personal networks and phis.org). Both TEAMmates and TEAM help raise awareness for child sexual Mentoring are growing and strengthenabuse. Coordinate a seminar with an Eduing our base of mentors by making the cation Consultant to provide experience more adaptable, adult training at your busieasy and fun. This week I want ness or community organizato remain focused on youth tion. Help with administrative by discussing the Memphis duties, like mailings, data Child Advocacy Center (www. entry and filings, or projects, memphiscac.org) and ways like window-washing and takwe can help children who have ing inventory of play rooms. been abused. The CAC keeps a wish The Memphis Child AdvoJeremy Park giving back list online where you can cacy Center (CAC) is helpview most-needed items. A ing victims become children recent list includes baby wipes, G-rated again. Their mission is to serve children DVDs, new toy trucks, construction paper who are victims of sexual and severe physand plastic storage bins. These can be inical abuse through prevention, education kind gifts and make a wonderful focus for and intervention. The nonprofit is childoffice or family collections. focused and provides a safe and warm Another amazing collection opportuenvironment for children and families to nity lies with Bearing It Together. Upon receive a number of coordinated services, like counseling. It is a remarkable organiza- entering the CAC, each abused child is able to select a teddy bear of his or her tion both in the services it provides and choice. Children are encouraged to take its holistic, collaborative approach that their bear to therapy, court and wherever incorporates therapists, educators, and else they may need extra comfort. interviewers working in conjunction with These bears, which play such an many other agencies in Shelby County. As a father, it is tremendously scary to important role, are donated by individuknow that an estimated 1 in 3 girls and 1 in als and groups. So, for a truly memorable experience, I would like to recommend 5 boys will be sexually abused before age a drive for new, generic, colorful teddy 18. Also frightening is an estimated 9 out bears. There is something remarkable in of 10 cases are never reported. According knowing that you are helping a child find to Tennessee law, ALLadults must report comfort and regain innocence. suspected cases of child abuse and neglect. Abuse of children occurs in every Jeremy Park, director of communications class, race, religion and neighborhood. As at Lipscomb & Pitts Insurance and director a community, it is something we need to of the Lipscomb & Pitts Breakfast Club, can continually focus on stopping, while helpbe reached at jeremyp@lpinsurance.com. ing to heal victims.
ny good economic development plan is forged by hard work, but a little luck and some good timing dont hurt, either. And Memphis jumped at its chance to court Electrolux when a company consultant called Mark Herbison of the Greater Memphis Chamber and alerted him to the appliance manufacturers need for a new facility. Described by Herbison as the largest project Ive ever worked on in my entire career, the Electrolux deal was sealed thanks to a pile of tax breaks and other incentives outlined in this weeks cover story. But the massive investments that the city ($20 million), county ($20 million) and state ($92 million) are making to lure Electrolux to Frank C. Pidgeon Industrial Park raise valid questions about the projects return on investment. Will the plant employ 1,300 as the company estimates? Will it spark ancillary businesses in Pidgeon and elsewhere in the region? And perhaps most importantly will Electrolux remain committed to Memphis, or will it abandon the city later for greener pastures? That last question points to the dark side of any big economic development coup, especially one involving Electrolux, whose global headquarters are in Sweden and whose North American headquarters are in Charlotte, N.C. On the same day Electrolux said it chose Memphis for its new plant, the company announced it was closing a
facility outside Montreal and shedding 1,300 jobs the same jobs that will wind up in Memphis. Whats to say Electrolux wont pull the plug on its Memphis plant in five, 10, 15 years when another city offers a sweeter deal? Its a clearly risk-reward proposition, but for now the rewards far outweigh the risks. Studies show the deal as a win all around for Memphis, Shelby County, Tennessee and Electrolux. The city and county got a muchneeded civic and economic boost after seeing too many companies pass them over for DeSoto County. The state gets a splashy manufacturing plant in the western part of the state to balance previous announcements in Chattanooga and Clarksville. (Even the former governor, Phil Bredesen, alluded to this as he left office.) And Electrolux gets to enjoy tax breaks on its new $190 million, 700,000-square-foot plant, including a 15-year payment-in-lieu-of-taxes from the city-county Industrial Development Board, saving the company $39 million. Although it took a lot of moving parts some might say it took giving away the house to consummate the Electrolux deal, it perhaps signaled the start of a trend in Memphis. As the week came to a close, word leaked out that Mitsubishi Corp. might build a $200 million plant here, and other deals also are emerging. Could it be that the Electrolux blueprint will attract more businesses? As Herbison told The Memphis News, the stars are indeed lining up.
Time to Put an End to the No Voting Machine

THANKS, GUYS, BUT WE'LL TAKE IT FROM HERE. For the first half of the 20th century, one political machine with one man firmly at the controls ran Memphis. Not only did Boss Crump decide who got elected, appointed, fired and indicted around here, he pretty much did that for the whole state, and wielded considerable influence in the national Democratic Party. He seemed to think of himself as a benevolent uncle, rewarding nieces and nephews both black and white for good behavior and punishing them for bad. The rules were his determination. Since then, we've had machines that have parked more Fords in office than in driveways, and put a mayor in office five times who, in his words, was not so much elected but divinely chosen. It's not about Republicans or Democrats, it's about control. The only difference between parties and machines is the ity, they gave him another chair of his very own. So far, voters have given him nothing, yet he feels qualified despite all legal opinions to the contrary to tell us when we can have an election, what we can vote on, and what will be thrown out by judges. Who the hell does he think he is? In his spectacularly controversial tenure, Giannini has already been quoted more, threatened with more litigation, and asserted more authority much of it imaginary than the last Election Commission chair did in decades. The last chair had a job. Bill Giannini has an agenda. He is an appointed Lakeland Republican, and he refused to set an election date for weeks based on the opinion of somebody who works for Tennessee Secretary of State Tre Hargett, an appointed Bartlett Republican. The not-sosubtle Sen. Brian Kelsey, a Germantown Republican, is trying to get the state to take over the city schools. No election ever. The slicker Sen. Mark Norris, a Collierville Republican, is pushing legislation to change state law after the fact, put everything off for at least a year, and sneak the county voters in to squash any school consolidation effort. No election now. These all-white, all-male, all-knowing suburbanites want uppity city folks put in their proper place. Not voting. Even Crump allowed elections. When a machine fights this hard to keep you from voting, they know your vote throws a wrench in the works. Butt out, guys. We'll drive this one. I'm a Memphian, and I'm tired of machines. Dan Conaway is a lifelong Memphian, longtime adman and aspiring local character in a city known for them. Reach him at dan@wakesomebodyup. com.
MEMPHASIS
dan conaway
name of the model. Now, the unruly city kids want to decide something for themselves, but county folks are stepping in just in time to show them what's best and stop all that foolishness. The new machine is getting fired up. When Bill Giannini chaired the Shelby County Republican Party, he ran for Shelby County assessor, and got run over by Cheyenne Johnson, 60 percent to 40 percent. His party pulled him off the cold ground and gave him a seat on the Election Commission to play with. When they got the commission major-
January 22-28, 2011 39
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George's 50 N 3rd St Grubb & Ellis 5400 Poplar Ave Half Shell 688 S Mendenhall Happy Mexican Restaurant 385 S 2nd St Highpoint Grocery 469 Highpoint Terrace Huey's 7825 Winchester 1771 N Germantown Pkwy 77 S. Second Jason's Deli 1199 Ridgeway Road 585 Chickering Lane Java Co 3133 Forest Hill Irene Kooky Canuck's 97 S 2nd St Kroger 1675 Germantown Rd 3685 Houston Levee 240 W Poplar 676 Germantown Rd 1230 Houston Levee 3444 Plaza Rd 3830 Hickory Hill 4770 Riverdale 540 S Mendenhall 6660 Poplar 2835 Kirby Pkwy 9050 Highway 64 7615 Highway 70 5995 Stage 2130 Exeter 7942 Winchester 465 Stateline Rd Lenny's Sub Shop 3593 Riverdale Main Library 3030 Poplar Ave Majestic Grill 145 S Main McEwen's 122 Monroe Memphis Brew 3573 Southen Ave 2400 Poplar Bldg 2400 Poplar Ave 88 Union Bldg 88 Union Ave Arts Memphis 575 Mendenhall Arcade 540 S Main Atrium I 6800 Poplar Ave Atrium II 6999 Poplar Ave Bank of America 6060 Poplar Ave Bank of Bartlett 6281 Stage Road BankTennessee 30 N. Second St Bari Ristorante 22 S Cooper St Barksdale Restaurant 237 Cooper Bartlett Library 5884 Stage Better Business Bureau 3693 Tyndale Dr Bluefin Restaurant 135 S Main St Bluff City Coffee 505 S Main Bogie's Deli 2098 LaSalle Place Bon Ton Caf 150 Monroe Ave Bookstar 3402 Poplar Ave Brother Juniper's 3519 Walker Avenue Burke's Book Store 936 S Cooper Butcher Shop 101 S Front St Caf Eclectic 603 N McLean 111 Harbor Town Sq Caf Ole 959 S Cooper Cartridge World 1603 Union Ave Cheese Cake Corner 113 G.E. Patterson CK Coffee Shop Locations 1698 Poplar Ave 3139 Poplar Ave 509 Highland 567 Perkins Extended Clark Centre 5100 Wheelis Drive Community Bank 6465 Quail Hollow Cordova Country Club 7400 Cordova Club Dr Davis-Kidd 387 Perkins Extended Denny's 164 Union Eastgate Office Bldg 5118 Park Ave Elliott's 16 S 2nd St Emerge Memphis 516 Tennessee St Exxon 252 E Highway 72 1375 Germantown Pkwy 3487 Poplar 4491 Poplar 2905 Kirby 7010 Winchester 5949 Stage Rd 1369 Sycamore View 7616 Poplar Falls Bldg 22 N. Front St Fino's 1853 Madison First Tennessee Bank 4990 Poplar Flying Saucer 130 Peabody Place Fogelman Executive Center 3700 Central Ave Fox & Hound 847 Exocet Dr Front Street Deli 77 S Front St Guardsmark 22 S. 2nd St Memphis Business Journal 80 Monroe Memphis City Hall 125 N Main Memphis Intl Airport Gates A, B and C Memphis Regional Chamber 22 N Front, Ste 200 Miss Cordelia's 737 Harbor Bend Office Max 1460 Union 7720 Poplar Ave On The Border Restaurant 4552 Poplar Otherlands 641 Cooper Overstuffed Deli 7781 Farmington Ste 102 Paulette's 2110 Madison Pearl's 303 S Main St Perkins Restaurants 3455 Poplar Ave 5112 Park 1571 Sycamore View Rd 1340 S Germantown Pkwy Pete & Sam's Restaurant 3886 Park Avenue Piggly Wiggly 729 White Station 1620 Madison Ave Pyramid Liquors 120 Auction Ave Ste 101 Republic Coffee 2924 Walnut Grove Rd Riverside BP 694 Riverside Schnucks 1761 Union Ave 576 S Perkins Rd 75 New Byhalia Rd 7735 Farmington Blvd 6100 Quince Rd 9025 Hwy 64 1212 E Shelby Dr 3150 Village Shop 2942 Kirby Whitten 799 Truse Pkwy Sekisui 2990 Kirby Whitten Rd 2130 W Poplar Ave 1884 N Germantown Pkwy 50 Humphreys Center 25 S Belvedere Blvd 4724 Poplar Ave Shelby County Court House 140 Adams Shell 7617 Poplar Ave Shrine Bldg 66 Monroe Smoothie King 3452 Poplar Ave Soul Fish 863 S Cooper Southern Folklore Caf 123 S Main Starbucks 1850 Union Suntrust Bank Bldg 5350 Poplar Ave 93 Monroe T. J. Mulligan's Locations 362 N Main St 8071 Trinity Road TGI Fridays 186 Union The Corkscrew 511 S Front St The Cupboard 1400 Union The Edge Coffee House 394 N. Watkins Tops BBQ 1288 Union Ave Trinity Commons Trinity @ Germantown Pkwy UT Medical Center Area 839 Jefferson Ave West Street Diner 2076 West St White Station Towers 5050 Poplar Ave YMCA 245 Madison Avenue 3548 Walker Avenue
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40 January 22-28, 2011
Feb 26, 2PM & 8PM

Orpheum Theatre
ALL-NEW 2011 PROGRAM WITH LIVE ORCHESTRA
TICKETS:
(888) 389-1614 or TNShows.com

(901) 525-3000 (Box Office) or Ticketmaster
$150, $130, $100, $90, $80, $70
ShenYunPerformingArts.org
Masterful music Exceptional dancers Gorgeous costumes Breathtaking backdrops One unforgettable experience
SHEN YUN PERFORMING ARTS

Classical Chinese Dance & Music in an Unforgettable Production
A GIFT FROM A DIVINE LAND
There was a time long, long ago when China was known as Shen ZhouThe Land of the Divine. The arts and the culture there were considered so exquisite and so vibrant that they could only have been bestowed by the heavens. And thus the people of the land strove to hold themselves to a higher standard so as to be worthy of such gifts. Today, Shen Yun brings these gifts to you. Perhaps it is the quiet gentleness of the heavenly maidens that reminds us of a better time and a better world. Perhaps it is the conviction of warriors dashing across the plains that tells us that good always defeats evil in the end. Or maybe its just the timeless stories of courage and compassion, kindness and kinship. Whatever it is, Shen Yun has touched the hearts of millions. I cried a few times, one audience member confessed. What I saw was power, honesty, and integrity I am grateful for that. The show has graced some of the most prestigious stages in the world, from the Royal Festival Hall in London to the Kennedy Center in Washington, D.C. Shen Yun is more than just the worlds premier classical Chinese performing arts companyit is an experience you wont want to miss.
FORMS IN THE WORLD

No other art form in the world boasts such strong expressive qualities and diversity of technique as classical Chinese dance. It takes years of rigorous training to master the many leaps, flips, and delicate gestures. Dancers must also be versed in Chinese culture to achieve the bearing needed to bring ancient legends and heroic figures to life. In addition to the classical forms, Shen Yun features the distinctive colors and styles of ethnic and folk dance. Choreographers draw upon over 20 dynasties and 50 ethnic groups to create pieces that range from the northern steppes of Mongolia to the lush forests of Yunnan. Among the most impressive elements of any Shen Yun show are the large-scale ensemble pieces in which dozens of dancers appear to move as one body across the stage. Shen Yun has also created its very own brand of story-based dance, which often deals with universal, thought-provoking themes. As one distinguished ballet dancer noted, Theres a lot of depth and meaning. Its a
new realm of dance.
A PERFORMANCE 5,000 YEARS IN THE MAKING

A performance by Shen Yun is traditional Chinese culture as it was meant to be: a study in grace, wisdom, and all the virtues distilled from millennia of Chinese civilization. The classically trained dancers, musicians, and singers of Shen Yun Performing Arts share a vision: to revive and restore Chinese culture to its former, glorious state. Based in New York, Shen Yun Performing Arts is distinguished by its conscious effort to remain independent of Chinas communist regime, which has abused and impoverished the arts for decades. In fact, a show like Shen Yuns can no longer be found in China today. As one well-traveled New Yorker noted: Ive seen China before with my eyes, but this show had me experience China with my soul.
TWO GREAT CLASSICAL MUSIC TRADITIONS ONE FRESH, UNEXPECTED SOUND

Some remarkable instruments such as the pipa or erhu date back more than 3,500 years, but the reality is very few Chinese instruments have made it to the world stage. To remedy this, the composers of Shen Yun bathe the distinctly Chinese sounds in a rich sea of Western strings, percussion, woodwinds, and brass. The result? A new and mesmerizing sound. Each season, the composers create over 20 original scores. They work closely with the choreographers to ensure a seamless blending of the music with each and every dance.
in the Middle Kingdom, art was a means to explore the connection between mankind and the higher universe. Poets and artists cultivated virtue and engaged in study and meditation because they believed that to create true art worthy of the heavens, there must first be inner beauty and purity. Today, the artists of Shen Yun follow in that noble tradition. Their training regimen requires focus and a mindful lifestyle. Among the companys artists are accomplished choreographers and composers as well as winners of international competitions in dance, music, and singing. No other Chinese performing arts group in the world can boast such a remarkable body of talent.
A BRAND NEW PRODUCTION FOR 2011

Months of training and preparation culminate each winter when Shen Yun debuts a spectacular original production with all new dances, costumes, and music. Experience the extraordinary.
EXTRAORDINARY ARTISTS
Theres just something about them, audience members often remark. At a time when the influence of Taoism, Buddhism, and Confucianism was strong
ONE OF THE MOST DEMANDING ART

Closing: The Sale

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