Special Emphasis: Financial Services
Transcription
Special Emphasis: Financial Services
November 9-15, 2012, Vol. 5, Issue 46 Special Emphasis: Financial Services Banks and financial institutions navigate a new economy by tightening their belts and focusing on customer service, mobile banking and other methods of bolstering their bottom lines PAGE 18 Shelby • Fayette • Tipton • Madison ‘Let’s Do This’ Robert Pera takes over as chairman of Memphis Grizzlies PAGE 16 The Grizzlies introduce new chairman Robert Pera at a press conference. Pera, founder and CEO of Ubiquiti Networks, is controlling owner of the franchise. Photo: Lance Murphey 10 Community The Tennessee Wildlife Federation’s Great Outdoors University program is fulfilling its goal to connect inner-city children with nature in meaningful, life-changing ways. The youth conservation education and outdoor experience program recently surpassed the 12,000 meaningful experiences milestone and now prepares to expand. weekly digest: page 2 logistics: page 26 law talk: page 28 newsmakers: page 31 EDITORIAL: page 38 A Publication of The Daily News Publishing Co. | www.thememphisnews.com www.thememphisnews.com 2 November 9-15, 2012 weekly digest Get news daily from The Daily News, www.memphisdailynews.com. Whalum Election Dispute Moves Forward Kelsey Files Amendment To Ban Income Tax Two days after the Nov. 6 Election Day, attorneys in the lawsuit disputing results in one of the Aug. 2 school board races were back in Shelby County Chancery Court. Depositions are still to come in the challenge by countywide school board member Kenneth Whalum Jr. of his 108vote loss to fellow school board member Kevin Woods in the certified results from the District 4 school board race in August. Whalum is suing the Shelby County Election Commission. Woods is an intervening party in the court action. Neither was in court Thursday, Nov. 8, for the brief hearing. Chancellor Kenny Armstrong has not set a trial date, but all sides discussed a possible trial date sometime in midDecember. The Shelby County Election Commission has identified 837 disputed votes in the race. That number includes 370 voters who live outside the district but were allowed to vote in the race. There are another 186 voters who also lived outside the district and had the District 4 race on their ballots, but it isn’t known if they voted in that race. Attorneys on all sides said the central issue will likely be a third group of 281 voters who live in District 4 but who voted in other district school board races that appeared on their ballots. Republican state Sen. Brian Kelsey of Germantown has filed a state constitutional amendment that would ban a state income tax in Tennessee. The proposed amendment to the Tennessee Constitution was approved in the House and Senate last year by two-thirds votes in each chamber. If it passes again in each chamber with a similar majority, it would go on the November 2014 statewide ballot for a ratification vote. Kelsey has also filed a similar second resolution that would amend the Tennessee Constitution to change the way state appellate court judges are selected. Under Kelsey’s proposal, the Tennessee governor would appoint those judges still. But their appointment would go to the legislature for confirmation. Currently the governor appoints the appellate court judges from a list of three finalists sent to the governor by an appointed selection committee. Achievement School District Weighs 10 Additions The state-run Achievement School District will add 10 more Memphis schools in the 2013-2014 school year, the first year of the schools merger in Shelby County. The 10 schools to be run under state control or with charter school operators selected by the state will be announced Dec. 17. That’s also when leaders of the district will announce which schools they will run directly and which ones will be operated by charters. This week, faculty and staff at 14 schools were notified of the possibility their schools will become part of the district. In order to be part of the Achievement School District, a school must be in the bottom 5 percent of schools in the state in terms of student achievement test scores. Teachers, principals and all other staff at ASD schools have to reapply for their jobs at schools that become part of the district. The district is headed by superintendent Chris Barbic, who was appointed by and answers to Tennessee Gov. Bill Haslam. The 14 schools under consideration are: Corry, Cypress and Georgian Hills middle schools, and Cherokee, Graves, Alcy-Ball, Hanley, Shannon, Whitney, Denver, Caldwell-Guthrie, Treadwell, Klondike and Norris elementary schools. No high schools are on the list in keeping with Barbic’s belief that the first years should focus on low performing elementary and middle schools that feed into high schools. The Achievement School District began operating schools in Memphis this school year at Frayser and Corning elementary schools and Westside Middle School. All three are feeder schools into Frayser High School. The Achievement School District contracted with charter schools for the phasein over several years of charters at Gordon Elementary School and Lester Elementary School that began this past fall. KIPP Academy, another charter school operator, has already taken the fifth grade at Cypress Middle School and its role is expected to be expanded at Cypress in the next school year. Companies Honored By American Heart Association Sixteen Memphis-area businesses have been recognized by the American Heart Association’s Fit-Friendly Companies Program for promoting physical activity and health in the workplace. Fit-Friendly Companies Program participants encourage such things as physical activity and healthy eating in a number of ways, including through such enhancements as on-site walking routes and healthy food options in cafeterias and vending machines. And companies can apply in two program categories, which have different criteria to meet. Local businesses recognized as Platinum Fit-Friendly Companies include Baptist Memorial Hospital-Memphis, Methodist Le Bonheur Healthcare and Ring Cos. Companies that received the pro- TRUST EXPERIENCE Beth Bell, Senior VP Trust Officer Paulette Bukauskas, VP Auditor George Pappas, President Trust Officer Kristen Sears, VP Trust Operations Manager Brent Westbrook, AIF ® , VP Business Development Since 1998 Since 2001 Since 1996 Since 2003 Since 2001 You need investment guidance you can trust because your legacy and personal finances demand it. Argent has roots tracing back to 1930 and has been serving the Memphis area since 2009. Come see one of our professionals who, with decades of experience, can help you or your organization plan for your current and long term financial needs. Give us a call today at 901.767.3103 to find out how Argent Trust can help you design the right investment management plan for you, your family, your company, or your institution. 6075 Poplar Avenue, Suite 702 • Memphis, TN 38119 • 901.767.3103 www.thememphisnews.com November 9-15, 2012 3 Get news daily from The Daily News, www.memphisdailynews.com. gram’s Gold designation include BlueCross BlueShield of Tennessee, the city of Germantown, the city of Memphis, The Church Health Center, First Horizon National Corp., General Electric Advanced Services Inc., Memphis Light, Gas and Water Division, Methodist Fayette Hospital, Mid-South Pulmonary Specialists, Pinnacle Airlines Corp., Saint Francis Hospital-Memphis and Saint Francis Hospital-Bartlett, and University of Tennessee Health Science Center. BlueCross BlueShield of Tennessee was also recognized in two optional categories. It received the Worksite Innovation Award and the Community Innovation Award. Memphis Chamber Receives Communication Awards The Greater Memphis Chamber’s Communications & Programming Team is a recipient of both platinum and gold MarCom Awards. They received awards for the Chamber’s website (platinum), for the Chamber Beat Weekly e-newsletter (gold), and for Memphis Crossroads Magazine: Young Memphis 2012 (gold). MarCom is an international competition administered and judged by the Association of Marketing and Communication Professionals. Winners range in size from individual communicators to media conglomerates and Fortune 500 companies. This year’s MarCom competition drew more than 6,000 international entries. Of those, only 18 percent were awarded at platinum level and gold level. The Greater Memphis Chamber is the lead economic development agency for Memphis and Shelby County, and is a private, nonprofit, membership-driven organization comprised of 2,300 business enterprises, civic organizations, educational institutions and individuals. Monica, Calif.-based Hertz Investment Group LLC bought Toyota Center in April as part of a $147.5 million, 15-property portfolio sale from Parkway Properties Inc. Meanwhile, the CCRFC will also vote on a request for refinancing the Peabody Hotel Tract at Union Avenue and Second Street for Hotel Peabody GP with Wells Fargo Bank NA. The CCRFC meets Tuesday at 9 a.m. at The Crump Building, 114 N. Main St. Revenue Finance Corp. To Consider Tax Breaks Madison Hotel Lands On Top 40 Hotels List The Downtown Memphis Commission’s Center City Revenue Finance Corp. (CCRFC) has a full agenda for its Tuesday, Nov. 13, board meeting, with leasing and financing requests for Brinkley Plaza, Toyota Plaza and the Peabody Hotel Tract. The CCRFC will consider assigning a payment-in-lieu-of-taxes (PILOT) lease agreement dated Dec. 31, 1984, to Olymbec USA LLC for Brinkley Plaza, 80 Monroe Ave. Montreal-based Olymbec bought the 219,557-square-foot, 10-story tower in October for $7.2 million from Sanderlin Place and Brinkley Plaza II Partnership, entities related to CB Richard Ellis Memphis and Loeb Properties Inc. In addition, the CCRFC will vote on a request for Hertz Memphis Tree LLC to refinance 175 Toyota Plaza, located at 185 Monroe Ave., with Magna Bank. Santa Downtown Memphis’ Madison Hotel has been ranked No. 24 on Condé Nast Traveler’s 25th annual Readers’ Choice Awards Top 40 Hotels in the South list. The Madison, 79 Madison Ave., is the only hotel in Memphis to receive the honor. More than 46,000 Condé Nast Traveler readers voted for and elected 1,306 properties and places around the world, with nearly half being in the U.S. Award categories were broken down among cities, islands, hotels, resorts, cruises and airlines. Each candidate is rated by criteria on a five-point scale ranging from excellent to poor and is averaged to calculate the final score. The Madison Hotel garnered a high score of 88.2 for rooms, service, food, location and design. Opened in 2002, the Madison Hotel weekly digest boasts 110 guest rooms and a rooftop lounge. It has also been selected by Condé Nast Traveler readers as one of the top 75 Hotels in the U.S. and by Travel & Leisure readers as one of the Top 500 Hotels of the World. The Madison is an AAA Four Diamond award recipient and an affiliate property in the WORLDHOTELS Deluxe Collection. City Council Approves Harahan Bridge Funding Memphis City Council members approved $45,000 in architecture and engineering funding for the Harahan Bridge Boardwalk project Tuesday, Nov. 6, in a session that saw several other major agenda items delayed. The $45,000 covers some of the cost of planning preparations for the bicycle and pedestrian boardwalk to date. The boardwalk is part of a larger $30 million project that includes renovations of Main Street in Memphis and Broadway Street in West Memphis with the boardwalk being the connection to the two thoroughfares across the Mississippi River. Half of the cost is covered by federal funding with local government and private funding to cover the other half. The council delayed to Dec. 4 any action on a resolution that would send a Vance Avenue renovation plan to the Land Use Control Board that specifically calls for No other Memphis-based CPA firm has a longer legacy of providing accounting, tax and advisory services to the Mid-South community. 901.682.2431 • rbgcpa.com www.thememphisnews.com 4 November 9-15, 2012 weekly digest Get news daily from The Daily News, www.memphisdailynews.com. keeping the Foote Homes public housing development. The resolution would be an endorsement of the plan by the Vance Avenue Collaborative, which differs from the long-term plan the city administration has to demolish the last large public housing project left in Memphis. The council also delayed to Dec. 4 a vote on the future of the Whitehaven golf course as well as a fee increase for city golf course users who don’t live in Memphis and a golf cart rental fee increase. The council voted in the spring budget season to close the golf course for good in December. The plan now is for the golf course to close for the winter in December pending council action. Busier Airports, Full Planes Seen on Thanksgiving The recipe for Thanksgiving travel is likely to make travelers a little bitter this year. Americans can expect airports to be busier and planes to be fuller than ever, according to a forecast by the main trade association for U.S. airlines two weeks ahead of the holiday. And fares are already more expensive. Airlines for America expects nearly 24 million travelers to fly from Friday, Nov. 16, through Tuesday, Nov. 27. That’s up narrowly from a year earlier. Last year’s tally was flat from 2010. But traffic on the nation’s airlines is still 10 percent below the peak travel years of 2006 and 2007. For those traveling on the busiest days around Thanksgiving, planes are expected to be close to 90 percent full, the trade group says. That would be a record for the holiday. Sunday, Nov. 25, is projected as the busiest travel day, followed by Wednesday, Nov. 21, and Monday, Nov. 26. Flights will be packed tighter because there are fewer of them. Airlines have been reducing flights to better match demand, which in turn allows them to raise prices. So far this year domestic ticket prices are up 4 percent from 2011, according to the group. Cutting flights also allows airlines to save on fuel, often their biggest expense. Collectively, U.S. airlines’ revenue rose 5.6 percent in the first nine months of this year. But fuel costs rose by 6.2 percent, cutting the amount of money earned per passenger. On average, the ten largest U.S. airlines made just 50 cents for every passenger they flew from January through September, Airlines for America said. Memphis Companies Picked For Business Program The Initiative for a Competitive Inner City, Bank of America Corp., Fortune magazine and the U.S. Small Business Administration have selected two Memphisarea companies for their annual Inner City Trading Spaces Capital Connections program. The companies are AVPOL International LLC and Worldwide Label & Packaging. The ICCC program identifies inner-city businesses in need of growth capital, educates them on the sources of capital, and matches them with capital providers in order to grow their businesses. To qualify, a business must be located in the inner city (defined as an area of concentrated economic distress) or have a disproportionate percentage of its employees living in such an area. In addition, a company must have $2 million in revenue. City Council Considers Sales Tax Recall Options As voters in Memphis and unincorporated Shelby County were voting on a countywide sales tax increase Tuesday, Nov. 6, Memphis City Council members were pondering how to recall the sales tax hike should it pass. Memphis Mayor A C Wharton Jr. requested a legal opinion from the city attorney’s office about the time that he changed from an opponent to a proponent of the tax hike. His question to city attorneys was what the method would be for recalling such a tax hike should half of the revenue go for education but not specifically for an expansion of pre-kindergarten programs in Shelby County. A sales tax recall would take a resolution from the Shelby County Commission to put the recall question on the ballot for the same group of voters in an upcoming election. Or a group of citizens could petition to have the recall question put on the ballot. Council member Jim Strickland said the question was worth examining because he believed some voters were going to the polls believing the tax hike would specifically be used to fund pre-kindergarten programs when no such specific commitment had been made by those backing the sales tax hike. Metropolitan Bank Expands With Nashville Headquarters Metropolitan Bank is moving forward with a major expansion as the company prepares to start renovations on its new If your company is in the market for space in a foreign-trade zone – and conveniently located near the airport and major interstates – move to The Memphis Depot. You’ll find more than 4.2 million square feet of total space in a variety of sizes ideal for distribution, manufacturing, light assembly or service-oriented companies. Find the ideal space at The Memphis Depot. Nashville headquarters at 1701 West End Ave. in the Midtown/Vanderbilt area. The bank is serving clients from its Brentwood office, which will remain open, while the West End location becomes its new Middle Tennessee headquarters. Renovations for that new office will begin within 60 days, with an expected opening in late first quarter 2013. The new location will house commercial, private client and mortgage banking teams, along with the office of Bill Menkel, Metropolitan’s Nashville president. New Malco Theatre Coming to Olive Branch Memphis-based Malco Theatres is building a new 12-screen theater in Olive Branch. The movie chain completed initial site work several years ago but decided to shelve the development when the recession hit. The company announced this week it’s resumed construction on the project with plans for completion by the middle of next year. Elsewhere, Malco also is set to resume cinema projects in Louisiana and Arkansas that also were put on hold. And Malco – which recently finished renovations at its Ridgeway 4 cinema, to include plush new chairs and higher quality concessions, among other things – will complete a renovation of the Forest Hill Cinema in Germantown by the end of this month. MAA’s Net Income Rises in Third Quarter Memphis-based MAA reported a third quarter net income of $30.9 million, as compared to $13.8 million for the quarter during the third quarter of 2011. Net income results for the quarter ended Sept. 30 included $16.1 million related to gains on the sale of real estate, while net income results for the quarter ended Sept. 30, 2011, included $4.9 million related to gains on the sale of real estate. Funds from operations for the apartment-only real estate investment trust were $48.2 million for the quarter, as compared to $39.2 million for the same quarter a year ago. As a result of the strong third quarter performance, management has Read to your baby. It’s amazing how much you’ll both learn. Contact Brad Kornegay, 901 312 5751 or Tim Mashburn, 901 312 5771 www.colliers.com/memphis | 901 375 4800 Go to TUCI.org for a copy of the Parents Guide to Kindergarten Readiness. www.thememphisnews.com November 9-15, 2012 5 Get news daily from The Daily News, www.memphisdailynews.com. raised FFO guidance for the year to a new range of $4.46 to $4.56 per share. Third quarter same-store net operating income grew 6.7 percent as compared to the prior year. Physical occupancy for the same store portfolio averaged 96.1 percent for the quarter, while average effective rent grew 5.2 percent over the same period in the prior year. Resident turnover remained historically low at 56.6 percent on a trailing 12-month basis. MAA acquired four new communities during third quarter for a total investment of $218 million, and sold five communities for $47.3 million in total proceeds. Construction and lease-up continue on four communities under development. LEDIC Management Group Opens Phoenix Office Memphis-based LEDIC Management Group, an affiliate of Hunt Cos. Inc., has secured seven new multifamily management contracts in Arizona totaling 1,213 units. The properties are located in Mesa, Peoria, Glendale and Camp Verde. The communities are: The Village at Sun Valley, The Groves Apartments, Lake Pleasant Village, Desert Eagles Estates, Steeplechase, Parkway Apartments and Rancho Del Sol Apartments. The expansion further into the western U.S. means that LEDIC now covers more than half of the nation’s Sunbelt popula- tion, the third-party real estate management firm’s CEO Pierce Ledbetter said in a written statement. LEDIC currently manages more than 33,000 multifamily units in more than 16 states. Fogelman Partnership Buys Houston Apartments A joint venture with Memphis-based Fogelman Venture Partners and New Yorkbased DRA Advisors LLC recently acquired two apartment communities in Houston. Gramercy Park Apartments is a 384unit apartment complex in Houston’s Westchase submarket. Built in 1998, its floor plans range from 660 square feet to 1,268 square feet with rental rates from $737 to $1,307 per month. Gramercy Park was 95 percent occupied at the time of the acquisition. The Villages of Briar Forest is 240-unit apartment community located along the “Energy Corridor” in West Houston. Built in 1999, its floor plans range from 690 square feet to 1,256 square feet with rental rates from $814 to $1,384 per month. The Villages of Briar Forest was 96 percent occupied at the time of the acquisition. Rick Fogelman, principal of Fogelman Venture Partners, said the Houston apartment market is experiencing rapid growth in rental rates and occupancies, largely a result of Houston adding nearly 100,000 new jobs in the past 12 months. weekly digest FROM THE BLOG Rep. Cohen on Delta’s ‘Broken Promises’ Editor’s Note: “From the Blog” is a weekly feature that highlights some of the enterprising work our staff and contributors post on The Daily News blog, blog.memphisdailynews.com. ANDY MEEK | The Memphis News U .S. Rep. Steve Cohen, D-Memphis, released a caustic statement attacking Delta Air Lines in light of the carrier’s decision to end its direct Memphis-to-Amsterdam flight. Cohen referred to the move as the latest in “Delta’s growing string of broken promises.” “In a 2008 Judiciary Committee hearing about the proposed Delta Northwest merger, I asked Delta Air Lines Chief Executive Officer Richard Anderson if the Memphis to Amsterdam flight would continue if the merger was approved, and Mr. Anderson gave me his word that it would continue,” Cohen said. “I was disappointed to learn last February that Delta planned to scale back the flight to a summer seasonal schedule but took Delta at their word that they would bring back the flight in the summer of 2013. Now that Delta has eliminated the flight altogether, I am disappointed that Delta has once again broken a promise they made to me and the people of Memphis.” www.thememphisnews.com 6 November 9-15, 2012 contributors n o v ember 9 - 1 5 , V O L . 5 , N O . 4 6 news SPORTS President & CEO P eter Sc h u tt General Manager Emeritus Ed Ra ins bill dries Senior Reporter Government, Transportation/Distribution/Logistics, Education, Manufacturing, Agribusiness 528-5277 | [email protected] Publisher Er ic Barnes City Welcomes New Grizzlies Owner Pera ANDY MEEK | The Memphis News Associate Publisher & Executive Editor James Overstreet Managing Editor L ance A llan W i edower andy meek Deputy Managing Editor Er ic Sm i t h Senior Reporter Associate Editor K ate S i mone Banking/Financial Services/Accountants, Markets & Economy, Economic Development, Small Business, Attorneys/Courts/ Civil Litigation 528-5279 | [email protected] Graphic Designer & Photo Editor B rad J o h nson Graphic Designer & Illustrator Em ily M orrow Photo: Lance Murphey Senior Production Assistant Sandy Yo u n g blood Production Assistant L aur ie B eck Pressman C edric Wals h SARAH BAKER REPORTER Commercial and Residential Real Estate, Architects/Engineers/Construction, Advertising/PR/Media, Tourism/Hospitality, Food/Restaurants 521-2464 | [email protected] Pressman P ete M i tch ell Administrative Specialist M arsha Payne Senior Account Executive Janice J enk i ns Account Executive Rob in B ender DON WADE SPORTS COLUMNIST [email protected] Advertising Director D on Fanc h er Business Development Manager Patric i a M c K i nney Director of Marketing & Circulation Donna Wag g ener Production/Distribution Manager Jo h n Bu esc h er Controller Pam M allett PHOTOGRAPHER LANCE MURPHEY Weekly features, spot news [email protected] To reach our editorial department, e-mail: [email protected] or call: 901-523-1561 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. AUDIT PENDING The Daily News is supportive, including in some case being on the boards of, the following organizations: Literacy Mid-South, Grace St. Luke's Episcopal School, Wolf River Conservancy, Ronald McDonald House, Great Outdoors University, Tennessee Wildlife Federation, Temple Israel, St. Jude's, St George's Independent Schools, Shelby Residential & Vocational Svcs, Shelby Farms Park, Calvary & The Arts, Bridges, Boys & Girls Club of Greater Memphis, Binghampton Development Corporation, U of M Journalism Dept., Chickasaw Council Boy Scouts, Memphis Leadership Foundation, Junior Achievement, Overton Park Conservancy, The Cotton Museum and WKNO. Robert Pera, Memphis Grizzlies chairman and controlling owner, and CEO Jason Levien were introduced to the city during a Monday morning press conference at FedExForum. Pera is the founder and CEO of Ubiquiti Networks. B efore founding the company he runs today, Ubiquiti Networks Inc., 34-year-old Robert Pera worked at Apple Inc., where he was a hardware engineer. As such, he said, it made him more or less like the “last man on the bench.” It was perhaps fitting that Pera reached for a basketball team image to describe his motivations and his ambition. Pera did so Monday, Nov. 5, during what were his first public remarks in front of fans, civic leaders and the media since closing on the $377 million purchase of the Memphis Grizzlies. “I knew I couldn’t do a lot (at Apple) and wouldn’t get the opportunity to, but I could do a lot more on my own,” Pera said about the creation of his technology company, which provides a variety of high-end wireless networking products. Through Ubiquiti, Pera is attempting to disrupt a marketplace, break down barriers, empower engineers and connect millions of people around the world. Ubiquiti’s latest quarterly earnings presentation comes later this week. Closing the loop on that image – as a back-bencher at Apple who wanted to strike out on his own, fueled by imagination and drive – Pera said: “When I look at Memphis, I kind of have the same feeling as I had with my company.” The good feeling appears to be mutual. Pera and new Grizzlies CEO Jason Levien got a standing ovation Monday before beginning their remarks, which came a few hours before this week’s Grizzlies home opener against the Utah Jazz. Most recently, Levien was a co-owner of the Philadelphia 76ers basketball team. Counting Pera and Levien as his new right-hand man, the new Grizzlies ownership includes two dozen partners. For that group, Pera and his lieutenants handpicked prominent business leaders and a few celebrities – and plenty of locals. “This ownership group will take the Grizzlies to the next level,” said Edward Dobbs, one of the new partners who’s also CEO of Memphis-based Dobbs Management Service. “Our team is going to thrive in Memphis for a long time.” Levien described himself as “best buddies” with former Memphis congressman Harold Ford Jr., who also is among the new minority partners in the Grizzlies. At Ford’s wedding recently, Levien also met local businessman Billy Orgel, another Grizzlies partner. At Monday’s official public rollout of the team’s new leadership, a few names of new partners also were made public. They include AutoZone Liberty Bowl executive director Steve Ehrhart. Steve Kaplan, a principal and portfolio manager at Oaktree Capital Management LLC, was introduced as the Grizzlies vicechairman. Pera, who will be the controlling owner of the team, has the title of chairman. The full group met at fellow Grizzlies partner and AutoZone founder J.R. “Pitt” Hyde’s home Sunday night. As of mid-Monday, the new Grizzlies leadership was keeping information on ownership percentages and how Pera is financing the team, including what debt might be part of the mix, close to the vest. Pera was represented in the sale of the team by Levien Sports, David Carlock and Jeffrey Pollack, who collectively put the team’s limited partnership group together. O’Melveny & Myers LLP provided legal counsel for Pera in the sale. McDermott Will & Emery LLP represented Hoops LP on the other side of the deal, which was signed in June and closed Oct. 29. Pera said he’ll be involved in decisionmaking for the team at a high level and that Levien will handle the day-to-day. Speaking of high-level, when asked whether fans would get to see Pera, who’s something of a basketball player himself, do any dunking on court, the new owner smiled and said simply, “Yeah.” For more on Pera, see this week’s cover story. www.thememphisnews.com November 9-15, 2012 7 news ed u cat i on med i a Sports Connection ‘Jon & Don Show’ brings insight to local, national sports landscape Tipton-Rosemark Remakes Campus ‘Center Point’ bill dries | The Memphis News T Photo: Lance Murphey The “Jon and Don Show” on Sports 56 is hosted by The Daily News sports contributor Don Wade, right, and commercial real estate broker/former University of Memphis basketball player Jon Albright. SARAH BAKER | The Memphis News B etween Jon Albright and Don Wade, hosts of the newly launched the “Jon & Don Show” on WHBQ Sports 56 AM 560/87.7 FM, any topic a sports fan could want to talk about is conceivable. That’s because Wade, as a 25-year sports journalist, and Albright, as a former basketball player for the University of Memphis and color commentator for outlets such as ESPN, have either played or covered the game. “Some of the best moments on the show are when I’ve kind of got on my sports writer hat and I’m putting my two cents in,” Wade said, “but then, I throw it right back to him and say, ‘Jon, what’s it like when a coach says this to a player, what’s the effect on team morale in the locker room?’” The show, produced by John Hardin and managed by Chris Coats, airs Tuesdays through Thursdays from 6 p.m. to 7 p.m. That gives Wade time for his day job as freelance journalist, sports columnist for The Daily News and The Memphis News, and media consultant for the Memphis Area Association of Realtors. Meanwhile, Albright’s main gig is managing director of Sperry Van Ness/Investec Realty Services. The duo met while playing racquetball at the Germantown Athletic Club in the late 1990s. They caught up again in the mid-2000s when Wade wrote a piece on Albright’s brother, Ethan, who at the time was playing as long snapper for the Washington Redskins. But they didn’t start collaborating on the until earlier this year. Albright, a Certified Commercial Investment Member and Society of Industrial and Office Realtors designee, has sold commercial real estate for nearly three decades in Memphis and was looking to reach new demographics. “When you get to doing things as long as I’ve been doing it, not all of it is still relevant,” Albright said. “The younger generation, they look at things differently, they get their information from different sources. One of the things I was thinking about was, ‘How do I do something a little bit different from what I do? How do I market a little bit differently?’ Well, sports has been a huge part of my background, particularly in this town. I listen to sports talk and talk radio all of the time when I’m in the car, so it kind of made some sense.” What makes their program stand out from similar sports talk radio formats is the approach. Instead of focusing on just one topic, such as recruiting, Albright and Wade dig into the broader economic ramifications of sports. “Sports is interwoven in all aspects of society,” Albright said. “Most everybody you know has got some type of sports connection – whether that’s playing, coaching, parenting, whatever it is – we’ve all touched sports in some fashion. We spend a lot of time talking about how influential sports is, not only just in popularity, but also financially.” The “Jon & Don Show” also makes a point to bring on experienced professionals from around the country to weigh in on topics from television contracts to bowl participation. They’re contacts that both Albright and Wade have made along the way in their respective careers, and so far, it’s been well-received. “We’re happy to give you opinion, that’s part of what we do, but we also spend a lot of time trying to get pertinent, relevant experts to come on the show,” Albright said. “Sometimes we struggle with allowing all of the callers.” For instance, one of their weekly guests is George Schroeder, former president of the Football Writers Association of America and national college football writer at USA Today. “He’s perfect for our show because he understands the whole SEC mentality and how crazy everybody is, but he’s also been away from it for a long time,” Wade said. “He’s got a really good view from 30,000 feet, but yet, he’s been down here in the trenches and he knows what makes people tick here.” Other guests have included Lee Fowler, an athletic administrator and consultant and former U of M assistant basketball coach, and John Wilfong, who played for the Tigers with Albright in the 1980s and now serves as a financial adviser at UBS Financial Services Inc., where he works with professional athletes on investments. Follow the “Jon & Don Show” on Twitter @JonAndDonShow. The Daily News supports the “Jon & Don Show.” he new performing arts center at Tipton-Rosemark Academy used to be the gymnasium and before that it was the cafeteria. The 64-year-old building has been adaptable and until the remake as a performing arts center for the private school in North Shelby County those who used it over the years also had to be adaptable. “It was used for a gym up until they built the new gym in 2000. Then it was used as the gym and the performing arts center. It was still a gym, though,” said John Scott, the school’s headmaster. “The worst thing about it was when they ran the heaters, which were those big old blower heaters that hung from the ceiling. You had to turn them off because you couldn’t hear. The acoustics were like a gym. But when you turned them off, it got very cold in there quick because there wasn’t a lick of insulation in the whole building.” The school considered demolishing the building but opted instead for a $2 million remake. Scott described it as the “center point” of the campus. The only signs of the building’s former life as a gym are the hardwood floors. The acoustics are more appropriate for lines from the center’s first production, “Rehearsal For Murder,” which closed Sunday than a referee’s whistle. “It’s all for the arts now,” Scott said. “We have a workshop that our visual arts or graphic arts can work in. We’ll use it for both, but mostly for now it is performing arts. We wanted a place to develop that talent and for them to perform in. Training is very important.” Scott hopes the center will be used by community groups other than those connected directly to the school. It’s also open for bookings for weddings and similar events. “There’s nothing like this around that I know of in this area. The closest thing is in Bartlett,” he said, referring to the Bartlett Performing Arts Center. “Tipton County doesn’t have anything like this. Millington has the civic center but this is specifically for the performing arts.” The performing arts center renovation caps four years of construction on the campus including a new high school that replaced the old Rosemark School – the first public school in North Shelby County – built in 1912. It and the surrounding property were bought by Tipton-Rosemark Academy in 1970 when the private school expanded to include grades 9-12. The academy’s elementary school recently added 12,000 square feet and in 2000 the middle grade school building opened. The campus now has room for 1,000 students, room to grow from the school’s current enrollment of approximately 650 students. www.thememphisnews.com 8 November 9-15, 2012 COMMUNITY Chamber to Host New York Times Correspondent David Sanger ANDY MEEK | The Memphis News N ext week, the Greater Memphis Chamber is hosting a conversation in Memphis with the chief Washington correspondent for The New York Times. David Sanger, who’s also the author of the new book “Confront and Conceal” and who has been at the vanguard of reporting on issues related to Iran for the Times, will be here as part of the chamber’s regular “A Conversation With …” series. Sanger’s presentation will be Nov. 14, from 11:30 a.m. to 1 p.m. at the Hilton Memphis, and it comes one week after the presidential election. He’ll talk about the election, the economy and how those and other issues of national significance have the potential to affect Memphians. “David’s on the front lines of discussions involving issues that have an effect on the global economy,” said Andre Dean, the chamber’s vice president of public policy and community development. “He covers individuals that have a pulse on national policy. “ David’s on the front lines of discussions involving issues that have an effect on the global economy. He covers individuals that have a pulse on national policy.” – Andre Dean Greater Memphis Chamber Vice president of public policy and community development “Memphis is increasingly impacted by global competition and the decisions made in Washington. This event will give our members an opportunity to be a part of those important discussions. We continually seek opportunities that provide insight into the changes affecting the global workforce and the fight for jobs.” Sanger’s presentation is something that likely will interest Memphians from a wide array of fields. David Waddell, for example, is paying close attention to the topic. Waddell, president and chief investment strategist at Waddell & Associates Inc., told the Wall Street Journal a few days ago that he anticipates investors not making any big moves until after the presidential election. “The stock market is closed for business” until then, essentially, is how Waddell described it. Waddell, who also is a columnist for The Daily News, told the Journal his own firm has been looking at plenty of strong investment opportunities outside the U.S., given things like the socalled fiscal cliff in the U.S. Meanwhile, just because Tennessee is not a battleground state does not mean there’s been a dearth of political action here. Republican vice presidential nominee Paul Ryan raised about $1 million for the Romney-Ryan presidential ticket a little more than a month ago during a fundraising stop at The Racquet Club of Memphis. The evening event raised about the same amount a Ryan fundraiser did earlier the same day across the state in Knoxville. After the Memphis event, Ryan also attended a gathering at the home of FedEx founder and CEO Fred Smith. An interactive map prepared by CNN and Google shows the two presidential campaigns – not counting any SuperPACs – have spent about $2 million on advertising in the Volunteer State. The graphic shows $1.42 million in Obama campaign ad spending, and a little more than $530,000 in Romney campaign ad spending – again, not counting money spent on ads by outside groups. Both campaigns have raised a little more than $8 million in campaign funds from Tennessee – $5.8 million for Romney and $2.5 million for Obama, according to the CNN data. Time to Plan is Now for Your Home’s Winterization ing to research. Vinyl replacement windows offer a Exterior replacement projects retained higher return on investment than wood the most value in home improvements. replacement windows and also have a For example, updating and replacing higher projected return on investment fiber-cement siding returned than many other home improvement projects, including ERIC A. TROTZ 78 percent of homeowners’ GUEST COLUMN original investment. a kitchen or bath remodel, A furnace doesn’t just addition of a master suite or provide heat and comfort during cold new bathroom, or a roof replacement. months, but proactively tuning or replacReplacement windows also can be ing a home’s furnace can alleviate issues especially valuable to homes built before when considering resale. 1978, due to the importance of reducing According to Consumer Reports, the lead-based paint in older homes, accordaverage lifespan of a furnace is 15 to 18 years. Homeowners should keep this timeframe in mind when debating servicing versus replacement. The Appraisal Institute also encourages homeowners to contact an appraiser on the front end of their winterization A Patient’s View: projects. “I’ve had a lot of dentists before (I’ve lived in a lot A qualified, competent appraiser can of places), and I’ve had dentists whose work is make recommendations about which definitely shoddy. Finding a good service provider is updates will provide the most impact on hard. It’s a lot like finding a good hair stylist/barber; resale value, as well as what is the norm once you find someone, you stick with them.” for the local area. I highly recommend Dr. Castle. His work is top notch Some winterization projects include: and he is extremely nice; he’s definitely not one of Clean the gutters – Remove leaves those uppity, crusty doctor types!” - Paul C. and debris so rain and melting snow can drain, preventing backed up water or ice that can clog drains and allow water to general dentistry seep into the house. The Appraisal Institute urges homeowners to consider winterizing their properties to potentially lower energy costs, increase comfort in cold months and possibly improve resale value. The institute encourages homeowners to focus on three main updates for the winter: windows, exterior and furnace. Adding energy-efficient vinyl windows to the home can have an average payback of more than 69 percent, according to the Remodeling 2011–2012 Cost vs. Value Report, published by Hanley Wood. Call for an appointment today! 901.685.5008 William N. Castle, D.D.S. 79 n. cooper (in midtown) • memphis, tn 38104 Add insulation – Most homes need a minimum of 12 inches of insulation in the attic, regardless of climate conditions. Check the ducts – Ensure ducts are not exposed and are well connected. Otherwise, homes with central heating can lose up to 60 percent of heated air before it reaches the vents, according to the U.S. Department of Energy. Keep drafts out of windows – If replacing windows isn’t in the cards this winter, insulating them with plastic and doublesided tape is extremely effective and much less expensive. Tune the furnace – Clean and tune a furnace annually to increase efficiency and the life of the furnace. Check the furnace now to make sure it does not produce a smell, which will require attention before continuous running in the winter. For additional information on home improvements that can be made throughout the year, please see the Appraisal Institute’s Home Improvement Tips fact sheet. For additional information on the Appraisal Institute, and to view a list of local chapter members, please visit www. aimemphis.org or www.appraisalinstitute. org. Eric A. Trotz is president of the Memphis Chapter of the Appraisal Institute. www.thememphisnews.com November 9-15, 2012 9 Money&Markets Extra so, and I’m not quite sure it’s bottomed out just yet. What we like are bits that are more dependent on consumer demand in the middle class. Things like China Mobile, for example, which is moving on from supplying just wireless to also feeding the increasing data demand for telephone users. Indian stocks have been some of the world’s strongest this year, surging more than 20 percent. That may have been too much, too quickly, and it could hurt short-term investors. But investors with long-term goals should stick with Asian stocks, says Adrian Lim, senior investor manager at Aberdeen Asset Management. He helps run several Aberdeen funds that specialize in Asia. Insider Q&A Asia’s lure Title: Senior investment manager at Aberdeen Asset Management China’s stock index has held steady the last month or so, after falling more than 10 percent from May through In China, worries about the sharp September. Is it too early to say economic slowdown have calmed Chinese stocks have hit bottom? down in recent weeks. Is it justified? The bottom could have passed, but it The Chinese numbers are improving, could also have volatility over the next but it really depends on what sectors three or four quarters. I don’t think it lasts you’re interested in. There are sectors that will struggle. Infrastructure has had much longer than that, unless something a very good run over the last decade or dramatic happens. What he suggests: Asian stocks are good long-term investments Adrain Lim What do you think of the big rebound for Indian stocks? It has gone very quickly, and it seems too much, too soon. What has changed is they have replaced the Finance Minister with someone who is a proven administrator. Within his first 100 days, he’s announced policy changes that signal that he knows what he wants to do, and it’s sensible, and it sounds like he has the political support in the government to do it. But you know what? The things he says he wants to do won’t have an immediate, fundamental impact. If it works, it will bring benefits in two, three years. These are intermediate-term fixes that the Indian markets need. in 20 years or so, should definitely be holding Asian stocks? Asian markets are an easy call. If you have a 20-year horizon, the demographics are geared toward expansion. The cultures are geared toward making money and saving and having a better quality of living, so materialism is strong. Greed and materialism are strongly entrenched. The materialism is healthy. People don’t expect a living from the state, so they work at it. And when you look at the balance sheets — whether it’s the country or the individual — Asian balance sheets are quite healthy, so you’re insulated against quite a bit of financial risk. So someone saving for retirement, say Answers edited for content and clarity. AP RH’s restoration BEHIND THE BRAND TUPPERWARE (TUP) Restoration Hardware (RH) Enduring shelf life Thursday’s close: $33.08 IPO price (last Friday): $24 Founded: 1980 Stores: 87 (U.S. & Canada) Headquarters: Corte Madera, Calif. Competitors: Williams-Sonoma (WSM), Crate & Barrel (private), Ethan Allen (ETH) REVENUE (in millions) $958 $773 $626 It’s perhaps the most novel and enduring sales strategy: The Tupperware party. People have been hosting gatherings to hawk food-storage containers under the Tupperware brand for more than 60 years. Inventor Earl S. Tupper went NET INCOME (in millions) $21 -$7 -$29 2009 Restoration Hardware’s stock is up 38 percent since last week’s initial public offering, its return to the market after going private in 2008. This fall, the high-end furniture retailer rebranded itself as “RH”. Financial analysts are impressed with the reinvented company’s progress. From fiscal 2009 to 2011 it increased revenue by 53 percent. The company was in trouble during the recession, but underwent a makeover by slashing its mall locations and targeting high net-worth consumers. It plans to open in 50 new markets over the next 7 to 10 years. RH also had to overcome a scandal when Gary Friedman, the public face of the chain, resigned as chairman and co-CEO in August, after an internal inquiry into an alleged relationship with a company employee. He remains a key adviser. 2010 Fiscal year Thursday’s close: $61.03 2011 Price-earnings ratio: 17 (based on last 12 mos.) 52-week price range 2011 REVENUE BREAKDOWN: $51 Others Bath 7% 11% 17% 1-yr. stock change: 12% 1-yr. S&P 500 change: 8% Market value: $3.4 billion 2011 revenue: $2.6 billion Indoor furniture Dishes & flatware 43% Avg. broker rating: Textiles SELL 22% Dave Carpenter, Jenni Sohn • AP Source: FactSet $65 Source: FactSet BUY HOLD with the concept after he failed to sell his wares in stores. The direct-sales approach, now employed by a sales force of 2.6 million across nearly 100 nations, continues to pay off for Tupperware Brands. Tupperware’s profit has increased 18 percent over the past four years, with strong growth coming from emerging markets, which now account for two-thirds of its revenue. That’s been a boon for the company, particularly when the dollar was weaker against other currencies. When the reverse is true, that can cause overseas revenue to translate into fewer dollars. Even so, Tupperware’s worldwide sales last year totaled $2.6 billion. And last month, the company raised its profit outlook for the year. Its stock, meanwhile, is up 9 percent this year. Alex Veiga, Jenni Sohn • AP Data through Nov. 8 LocalStocks COMPANY TICKER AT&T Inc T AutoZone Inc BancorpSouth AZO 52-WK RANGE LO 27.41 6 CLOSE HI 38.58 313.11 8 399.10 Boyd Gaming BXS 8.57 7 15.69 BYD 5.17 1 9.75 Community Hlth Sys BKI 24.08 1 38.50 CYH 15.97 8 32.70 CXW 20.14 9 35.73 CMI 82.20 4 129.51 Buckeye Technology Corrections Corp Cummins Inc Delta Air Lines Dillards Inc Dover Corp DuPont Education Realty Tr DAL 7.08 7 12.25 DDS 42.54 0 82.99 DOV 50.14 6 67.20 DD 43.06 1 57.50 EDR 8.52 5 11.81 Fst Horizon Natl FDX 76.06 7 97.19 FHN 6.65 6 10.99 GTx Inc FRED 11.74 4 15.98 GTXI 2.34 4 6.55 IM 14.42 3 19.80 IP 25.36 7 38.42 FedEx Corp Freds Inc Ingram Micro Intl Paper Isle Capri Casino Kellogg Co Kirklands Inc Kroger Co LifePoint Hosp Macy’s Inc ISLE K 3.90 5 7.92 46.33 9 54.79 8.50 2 17.42 KR 20.98 8 25.44 LPNT 34.32 3 43.87 M 29.43 8 42.17 KIRK CLOSE THUR. %CHG 33.20 378.97 13.19 5.22 24.67 -.44 -5.40 -.21 -.18 -.91 28.51 -1.88 96.56 -1.54 83.95 +3.14 43.26 -.57 34.13 10.29 59.61 10.14 90.03 9.00 13.02 3.85 15.78 34.48 5.74 53.67 9.55 24.54 36.33 39.01 -.07 +.35 -.55 +.01 -1.48 -.16 -.44 -.01 -.12 -.49 -.12 -.49 -.04 -.10 -.69 -1.44 YTD% 1YR% WK MO QTR CHG RTN P/E DIV COMPANY TICKER -1.1 t t t +7.3 +21.3 12 1.04 ... Merck & Co MRK 0.04 Mid Amer Apartments MAA ... Monsanto Co MON 0.36f Mueller Inds MLI ... NAV 0.80 Navistar Intl 33.13 8 48.00 43.84 -.62 -1.4 t t t +16.3 +34.4 20 1.68 55.12 6 70.22 63.12 -.69 -1.1 t t t 67.09 8 92.20 86.33 -1.02 -1.2 s t t +23.2 +21.5 23 1.50f 35.56 6 51.41 44.92 -.87 -1.9 s t t +16.9 18.17 1 -1.4 t s s +16.6 +17.5 17 -1.6 t t t +19.7 +34.5 15 -3.3 t t t -30.0 -21.7 37 -3.6 t t t -26.2 -18.1 14 -6.2 t s t +63.4 +53.6 11 -0.2 t s s +67.6 +58.3 23 -1.6 t s s +3.5 s s s +27.2 +19.6 4 +3.9 s s s +87.1 +47.4 -0.9 s s s -1.3 t t t +0.1 t t t -0.9 -1.6 t r s +7.8 +12.4 14 0.56 -1.7 t t t +12.5 +26.7 dd 0.04 -3.3 t t t -0.3 s t t +14.6 -0.8 s s s -1.4 t t -2.0 t t -0.9 r s -0.4 r -0.4 t -.60 -2.9 t t t -47.4 -51.6 dd ... -2.79 -2.9 t t t -4.7 +2.4 20 1.44 8.89 9 13.29 12.47 -.22 -1.7 t s s +22.7 +10.3 22 ... 3.51 7 7.73 6.38 -.15 -2.3 t t t +48.4 +57.9 11 0.04 13.00 7 20.45 17.64 -.48 -2.6 t t t +17.6 +25.3 18 0.68 42.63 7 56.32 51.42 -.06 -0.1 s t t +6.8 +19.6 71 1.04e SJM 70.50 8 87.81 83.82 -.77 -0.9 t s t +7.2 STI 15.79 8 30.79 26.39 -.18 -0.7 t t t +49.1 +36.7 8 0.20 PNK +2.7 +9.6 12 1.40 Regions Fncl RF -5.5 -7.1 13 1.72 Renasant Corp RNST Smith & Nephew PLC SNN Smucker, JM Suntrust Bks -13.2 -13.7 ... Sysco Corp 8 ... Trustmark t +16.5 +25.5 17 1.20a Tyson Foods t +22.9 +12.7 dd ... s +6.1 +10.8 16 1.76 t t -28.2 -22.5 12 s s +1.3 +8.8 23 0.60f -2.2 -4.8 12 -1.9 t t t -3.6 t t s +21.2 +27.2 12 +9.5 22 0.50f 91.86 0.20 0.24 Synovus Fincl 2.64 19.93 9 0.40 +8.5 33 48.18 Nike Inc B ... Pinnacle Entert +0.9 85.10 3 114.81 2.00 +3.2 dd DIV -.45 +9.8 +20.2 43 1.80f -10.7 +12.2 14 YTD% 1YR% WK MO QTR CHG RTN P/E 41.06 t +11.6 CHG %CHG 44.79 t -1.2 10 THUR. 33.21 7 t +9.7 CLOSE HI MDT -1.3 Medtronic Inc 52-WK RANGE LO NKE +9.6 21 2.08 SNV 1.28 8 2.60 2.24 -.02 -0.9 t t t +58.9 +57.5 dd 0.04 SYY 26.87 7 31.90 29.89 -.35 -1.2 t t t +1.9 +12.3 16 1.08 TRMK 20.12 4 26.35 22.02 -.39 -1.7 t t t -9.3 +3.0 13 0.92 TSN 14.07 4 21.06 16.71 -.31 -1.8 t s s -19.0 -11.1 13 0.16 UPS class B UPS 66.46 4 81.79 72.59 -.42 -0.6 t s s -0.8 +6.8 18 2.28 Utd Technologies UTX 70.41 4 87.50 76.16 -1.52 -2.0 t s t +4.2 +1.7 13 2.14 Valero Energy VLO 19.12 7 34.36 29.37 -.02 -0.1 s s t +39.5 +14.6 ... Verso Paper Corp VRS 0.85 2 3.36 1.18 -.03 -2.5 t t t +22.9 WMGI 13.57 7 22.59 19.78 -.05 -0.3 t t t +19.9 +29.4 ... 0.80 Wright Medical Grp 8 0.70 -24.8 39 ... cc ... Dividend Footnotes: a - Extra dividends were paid, but are not included. b - Annual rate plus stock. c - Liquidating dividend. e - Amount declared or paid in last 12 months. f - Current annual rate, which was increased by most recent dividend announcement. i - Sum of dividends paid after stock split, no regular rate. j - Sum of dividends paid this year. Most recent dividend was omitted or deferred. k - Declared or paid this year, a cumulative issue with dividends in arrears. m - Current annual rate, which was decreased by most recent dividend announcement. p - Initial dividend, annual rate not known, yield not shown. r - Declared or paid in preceding 12 months plus stock dividend. t - Paid in stock, approximate cash value on ex-distribution date. PE Footnotes: q - Stock is a closed-end fund - no P/E ratio shown. cc - P/E exceeds 99. dd - Loss in last 12 months. www.thememphisnews.com 10 November 9-15, 2012 Consider ‘FLP ’ For Your Family Ray’s Take A Family Limited Partnership (FLP) can not only be a good idea for reducing estate taxes, it can also bring a number of other advantages. FLPs are primarily useful to those with extensive real estate investments or family-owned businesses to pass on to the next generation as opposed to stocks, bonds, and similar financial investments. Basically, it converts property interest ownership into partnership interest ownership. Typically, the general partners (GP) in a FLP are the older ray & dana Brandon generation. rays of wisdom They manage the partnership like a holding company. The limited partners (LP) are usually the members of the generation who would inherit but, at least initially, have no direct control over assets in the FLP. A primary advantage of an FLP is the ability to gift partnership interests to LPs while still maintaining full control of that interest. This can reduce the taxable estate of the senior/GP family members, plus the interest transferred to the donees can be discounted. Transfers from GP to LP within the partnership are also eligible for annual gift tax exclusion. Beyond this, establishing an FLP can ease the transition of a business or other complex assets from experienced hands to the next generation. It not only enhances planning for management succession by allowing the GPs to retain control of assets to limit problems due to inexperience, it also helps to assure estate tax savings that could otherwise undermine continued ownership. Engaging the next generation in this more limited way initially can allow them an understanding of the management without full throttle responsibility. FLPs are not for everyone, however. Beyond the necessary legal services, qualified appraisal services are required to determine the discount value of partnership interests. This makes FLPs more expensive than some other estate-planning tools. However, the advantage that comes from discounting the assets of an FLP – along with the transitional benefits – can make it well worth the cost. Ask your attorney or financial advisor to learn more. Dana’s Take Family Limited Partnerships are usually used by immediate family members. As we all know, anytime you’re dealing with family, a host of emotional issues come to bear along with the financial ones. In addition to evaluating the dollar costs associated with establishing and maintain a FLP. It’s important to consider relationship costs as well. Talk to every family member who will be included in a FLP to make sure they all understand its advantages. Make sure an estate planner meets with all parties to answer questions. After that meeting, give the family time to discuss the options and bring up any further concerns or preferences. To make a FLP a success both as a property management tool and as an estate-planning tool, clear and open communication between the generations is vital. Blood may be thicker than water, but the less spilled over family feuds the better. Ray Brandon is a certified financial planner and CEO of Brandon Financial Planning (www.brandonplanning.com). His wife, Dana, has a bachelor’s degree in finance and is a licensed clinical social worker. Contact Ray Brandon at [email protected]. NONPROFIT SECTOR Milestones, Growth Occuring at GOU MICHAEL WADDELL | Special to The Memphis News Great Outdoors University looks to expand into other markets T he Tennessee Wildlife Federation's Great Outdoors University program is fulfilling its goal to connect inner-city children with nature in meaningful, lifechanging ways. The youth conservation education and outdoor experience program recently surpassed the 12,000 meaningful experiences milestone and now prepares for expansion into North Carolina and Missouri, as well as growing in Tennessee. The organization’s 2012 calendar is made up of more than 120 trips, with approximately 1,800 children getting the chance to participate. The program operates year-round, taking kids to natural destinations for Saturday field trips, weekend overnight trips and school break day-camps. Participants include children who are not likely to have the opportunity to learn about and experience the great outdoors. “We just want the kids to have a chance to have fun in nature,” said Kate Friedman, GOU Memphis program coordinator, who explains that organizational outings include outdoor activities like fishing, hiking, exploring, spelunking, rock climbing, bird watching and even building shelters. Peter Schutt, National Wildlife Federation National Volunteer of the Year in 2011 and president of The Daily News Publishing Co. Inc., formed GOU in Memphis in March 2006. The organization expanded to Nashville in 2009 and provided its first trip in Knoxville last year. GOU Memphis will conduct roughly 50 trips this year and plans for the same number in 2013. Day trips, usually consisting of 20 kids each, take place nearly every weekend (excluding holidays) from March to December. GOU touts all of its trips as having physical exercise, conservation and natural resource learning, outdoor skills development and meaningful experiences with adult leaders and role models. “For day trips we take the kids to places like Meeman-Shelby Forest State Park, T.O. Fuller State Park, the Wolf River, Wall Doxey State Park in Mississippi and Village Creek State Park in Arkansas, as well as some private properties and church retreat centers,” said Friedman, who has been involved with environmental programs for more than 20 years. During 2012 GOU Memphis has partnered with the Boy Scouts’ Photo: Sonya Wood Mahler, GOU Statewide Manager A student examines salmon berries while on a Great Outdoors University trip this summer to the Cascade Mountains in Washington. ScoutReach program, Girls Inc., BRIDGES, Youth Villages, St. George’s Memphis campus and the Boys and Girls Club of Brownsville. “We love the GOU. They’ve been fabulous. Our kids have been able to go out and enjoy themselves away from the stresses of school. It’s great for the learning, the sportsmanship, and the camaraderie,” said Anne Cannon, principal at Youth Villages’ Nicholas Hobbs Academy. “The kids have participated in bonfires, fishing trips, camping trips and nature walks. Many of them have never had anyone teach them about nature, so to be able to go out and learn and interact directly has been a real privilege for them.” GOU also conducts larger outings like family fishing trips. “We encourage the kids to bring family members because we hope the parents have so much fun with their kids that they will want to do it again,” Friedman said. In July, eight boys from the Memphis area were chosen to go on GOU’s annual trip to the Cascade Mountains in Washington. “The kids were great, and the weather was perfect. We took them sailing, whale watching, hiking, and camping, and we even explored an island,” said Sonya Wood Mahler, GOU statewide manager. “None of the boys had ever been on a plane or a boat, and many had never tent camped, and they loved it.” GOU is currently in the process of franchising into states outside of Tennessee with the help of the National Wildlife Federation. “The states that we’re working on right now are North Carolina and Missouri, with hopes of going into several others next year,” Mahler said. “We are also hoping to expand inside Tennessee to Chattanooga and Knoxville in the future.” The Daily News supports the Tennessee Wildlife Federation and Great Outdoors University. www.thememphisnews.com November 9-15, 2012 11 real estate & de v elopment EARNINGS Mallory-Neely House Return Boon for Victorian Viallage GTx Rebounds With Strong Third Quarter MICHAEL WADDELL | Special to The Memphis News SARAH BAKER | The Memphis News T hanks to a new roof and disability compliance, the Mallory-Neely House will be open to the public Fridays and Saturdays beginning Friday, Nov. 9. Listed on the National Register of Historic Places and located at 652 Adams Ave. in Downtown Memphis’ Victorian Village Historic District, the Mallory-Neely House retains most of the original historic interiors, furniture and artifacts. Nora Tucker, project manager with museum planning and exhibit design firm Design 500, said the reopening of the Mallory-Neely House to strengthen heritage tourism has always been one of the focuses of Victorian Village Inc., where she also serves as administrator. “We field a lot of calls here in our office from tourists and visitors who say, ‘OK, Victorian Village, how many houses are open?’” Tucker said. “For this last six years that we’ve been in operation, we have been able to say, ‘Well, there’s one: the Woodruff-Fontaine House.’ And the Mollie Fontaine Lounge is open after 5 p.m. four days a week. But it’s very important to us to now be able to say, ‘We have got two beautiful, historic homes open that you can tour.’” Isaac and Lucy Kirtland bought Mallory-Neely House in 1852 and built a two-story home for their family. In 1883, Columbus and Frances Neely bought the house and moved in with their five children. The Neelys made significant changes, adding a third floor with an additional level for the tower, and were responsible for the interiors seen today. The décor and furnishings date to circa-1890 and include pieces the family bought at the World’s Columbian Exposition in Chicago in 1893 and later from the St. Louis World’s Fair in 1904. The Mallory-Neely House was preserved in this manner by Frances Neely Mallory, known throughout her life as Miss Daisy, who moved into the house with her parents as a child and was the last family member to reside there until her death in 1969. In the 1970s, the Mallory family gave the house and contents to DarSar-Car Chapter House Inc., which opened it as a house museum. The group in turn gifted it to the city in 1985 and it has been a facet of the Pink Palace Family of Museums and operated as a historic house museum since 1987. The Mallory-Neely house has been closed since the spring of 2005, when The Historic Properties of the Memphis Pink Palace Family of Museums were closed to the public in the spring of 2005 due to budget shortfalls. While closed, two big projects have been under way. One is compliance with the Americans with Disabilities Act. The first floor of the house is now accessible to visitors in wheelchairs, while a video in the newly remodeled Carriage House allows disabled visitors to see the second floor. The Carriage House also has an ADA-compliant restroom, refurbished entrance and handicap parking spot. Secondly, the Mallory-Neely House has a new roof. The old slate roof on the house dated to the 1890s and simply wore out. Thanks to Clark/Dixon Architects, great care has been taken so that the new, city-funded $268,000 roof mirrors the original. “It is just like the original slate. … It was matched in color, and we had to actually wait to get the correct roof material so that it could be,” said Dianne Dixon, firm principal. “It’s very important to us that the roof go back on and be as historically correct as it was in the beginning because this is one of the most important historic homes left in that block that’s held by the city.” Victorian Village has certainly seen momentum recently. In August, the city agreed to transfer the James Lee House to local developer Jose Velazquez, who plans to invest $2.1 million to turn the 171-year-old Victorian Village mansion into a “topnotch, luxury” bed-and-breakfast inn with five suites. Those interested in witnessing Mallory-Neely House’s new roof and celebrate the area’s resurgence are invited to attend the “Victorian Village Tent Revival” on Sunday, Nov. 11, from 1 p.m. until 5 p.m. at Victorian Village Park across from Juvenile Court at 616 Adams Ave. Admission is $10 for Victorian Village Inc. members and $20 for non-members. M emphis-based biopharmaceutical company GTx Inc. on Thursday, Nov. 8, reported net income of $7.4 million for the third quarter, fueled primarily from $18.8 million in net proceeds from the sale in early October of Fareston, a breast treatment medication. The company’s net income compares to a net loss of $9.3 million for the same period last year. For the first nine months of this year, GTx reported a net loss of $14.1 million compared to a net loss of $22.6 million for the same period of 2011. Research and development expenses for Q3 were $9.8 million compared to $8.2 million for the same period in 2011. “The proceeds from the sale enhanced our balance sheet and give us comfort that we should have sufficient cash available to us to see data from both our enobasarm and capesaris clinical studies,” said Dr. Mitchell Steiner, GTx chief executive officer. “Let me point out that we reported $47.3 million at hand in the quarter, and following the sale with Fareston we had approximately $66 million in cash and short-term investments.” On Oct. 1 GTx sold the rights and certain assets of Fareston 60mg tablets to New Jersey-based ProStrakan Group for a total cash consideration of $21.7 million. Fareston is an approved treatment of metastatic breast cancer in postmenopausal women in the U.S. The company is developing two medications used in lung and prostate cancer treatments. “GTx has made good progress in advancing our two late stage clinical programs: enobasarm for the prevention and treatment of muscle wasting in patients who have advanced small-cell lung cancer and capesaris, a secondary hormonal treatment for men with castration-resistant prostate cancer,” Steiner said. The company is on schedule with enrolling subjects for its Stage III clinical trials of enobasarm at more than 80 sites in the U.S., Europe and South America. Each trial will include 300 patients with either Stage III or Stage IV small-cell lung cancer. Make Sure Your Nonprofit Organization is Mobile Part one of a three-part series Life has gone mobile. For many, life is lived on the move and cell phones and mobile devices are our guides helping with communication, directions, purchases, music, news updates, videos and more. “Mobile” has become the way much of America is using their computer. IPhones, Androids and BlackBerries are replacing laptops and desktop computers. Tablets and mobile phones are replacing the way that people access the information when they are on the road. Think Amazon.com, Zappos, your airline ... . People use their mobile phones and tablets hundreds of times a day. They have made the leap and many – especially younger people – expect the nonprofits they support to have user-friendly technology. Consumer-based businesses have made the shift. Now it’s time for the non- gala. Your guests are assembled. They profit sector to do the same. just heard a powerful and motivating talk. Ask yourself, your staff and your board The room is abuzz. The members the following speaker closes with “Text questions. How quickly the word GIVE to 45678 and easily can people and you instantly become give to your nonprofit? part of the solution.” Do they have to write a Your guests start check? Fill out a form texting and they immediand send it in? Can they ately receive a link to your give in the moment? At a football game, MEL & Pearl shaw mobile giving page – or FUNdraising better yet, a mobile giving concert, conference, page customized for your or while in church? gala. They enter their information into the Can people use their cell phone or mobile page and their gift is made. On top of that device to give now, or do they have to wait a thank you note is automatically generand make the gift later? ated and sent out right away. Done! While large gifts are made after careful Compare that to the traditional “enconsideration, many gifts are made as an velope ritual”: envelopes are set out for emotional response to a well-orchestrated people to use for their gift or pledge. Idecall to action. If you miss the emotional ally a check goes check inside. Maybe they moment you miss the gift. write a note – “will give $100.” If supportHere’s an example. It’s your annual ers are daring, they will write down their credit card number so staff can run the card after the event. But, very few people carry checkbooks anymore. So the emotional moment is lost and the actual giving of the gift is delayed and may, or may not, ever occur. Bottom line: Nonprofits need to adapt the most commonly used tools to connect and engage supporters. It is simply part of today’s capacity and infrastructure. And it is directly tied to nonprofit communications and fundraising. Next week: details on mobile giving – our conversation with David Asheim, CEO of Give by Cell. Mel and Pearl Shaw are the owners of Saad & Shaw. They provide fundraising counsel to Memphis, the Mid-South and the nation. Visit them at www.saadandshaw. com or call 522-8727. www.thememphisnews.com 12 November 9-15, 2012 R E A L E S TAT E & D E V E L O P M E N T GAME CHANGERS Commercial Sectors’ Highs, Lows at Heart Of TDN Seminar SARAH BAKER | The Memphis News PAST • PRESENT • FUTURE Greater Memphis Chamber’s Annual Chairman’s Luncheon Title Sponsors: Ticket information please contact 901-543-3500 or visit www.memphischamber.com Presenting Sponsor: Event Sponsors: Photo courtesy of the Memphis and Shelby County Room, Memphis Public Library & Information Center. Local market mirroring national trend M emphis’ commercial real estate market for the most part appears to mirror national trends, with all four sectors boasting challenges and bright spots so far this year. That was a message a room full of real estate professionals received when The Daily News hosted its second annual Commercial Real Estate seminar Thursday, Nov.1, at the Memphis Brooks Museum of Art, sponsored by Magna Bank and Evans Petree PC. Andy Cates of Colliers International Memphis said year-to-date industrial absorption in the third quarter was a negative 541,915 square feet according to CoStar, but that he expects that number to “change dramatically in the next quarter.” But Memphis’ rates are nearly the lowest in the country, with square foot averages of $2.53 locally compared with $5.14 nationally. “This is the number that I’m screaming anytime I’m on the phone with anybody from out of town,” Cates said. “This is real, we’re not making this up, please come check us out. And it’s working.” Industrial Developments International Inc. has two speculative buildings coming out of the ground now – one of two spec buildings exceeding 600,000 square feet being built in all of Southeast U.S. The other main players in Memphis – Prologis Inc., Hillwood Investment Properties, H&M Co. and Panattoni Development Co. – all have sites ready to build. “I think we will see some serious activity from those guys in the near future,” Cates said, adding that the city’s investment market from large institutional buyers has really picked up speed. Massive deals that have been executed in the last 120 days include New Breed Inc.’s 404,000 square feet, Teleflex Inc.’s 627,000 square feet, Five Below Inc.’s 605,000 square feet and Milwaukee Electric Tool Corp.’s 600,000-square-foot build to suit with IDI. Industrial challenges include the city’s onerous, albeit improving, payment-inlieu-of-taxes (PILOT) program. Memphis also has a very high turnover rate in its workforce, with 10.2 percent of the city’s employment in transportation, warehouse and logistics. Memphis suffers from relatively high corporate taxes and demographics for direct-to-consumer businesses as well. On the office front, Kelly Truitt of CB Richard Ellis Memphis said vacancy rates, both nationally and in Memphis, are down. “From an occupancy standpoint and, conversely, a vacancy standpoint, Mem- phis is little bit higher than our comparative cities,” Truitt said. “We got down to about 12 percent when things were really good and we’re back up to 14, and we’d really like to be down below 11 percent.” Average office asking lease rates in Memphis during the third quarter were $18. Truitt predicted office trends in the road ahead to include: “concerning” sublease inventory with many leases about to roll into local statistics; construction to start of at least one speculative medical health care office building in the suburban submarket; International Paper to increase its presence in Memphis, including construction of a new build-to-suit building; Raymond James Financial Services Inc. to extend its lease at 50 N. Front St.; FedEx to hold off on building in the short term and absorb existing space; and Accredo/ Express Script to remain here, focused on high touch/value-added pharmacy. Meanwhile, Shawn Massey with The Shopping Center Group LLC focused on “the new normal” of the retail sector. Memphis’ retail vacancy decreased to 9.1 percent in the third quarter, and the net absorption rate is positive with 357,116 square feet. New construction starts total 302,413 square feet in the past four quarters. Memphis lost a few retailers in recent times, such as Easy Way’s original Downtown store, Super D, Schnucks and several locations of Perkins & Marie Callendar’s LLC and Back Yard Burgers. However, a handful of gains offset the losses. New retailers to enter the market include Chipotle, Pie-ology Pizzeria, Mellow Mushroom, Planet Fitness, ULTA Beauty, HomeGoods, Yogurt Mountain, Panda Express, Cheddar’s and Bar Louie. Expansions are also prevalent, as evidenced by Michael’s, Essex Bargain Hunt, Gigi’s Cupcakes, Dixie Queen, Dunkin’ Donuts, Five Guys Burgers and Fries, and Lululemon Athletica. Dollar stores are gaining grocery momentum as well. Fred’s is no longer considered an inner city store but is setting up shop in the suburbs. And in the multifamily scene, Jimmy Ringel of Makowsky Ringel Greenberg briefed the crowd on how Memphis’ Class A and B occupancy rates are similar to national levels, but “Memphis likely has a disproportionate share of C and C- properties and much lower occupancy, rent growth and revenue than national levels.” While it took the multifamily industry about a year and a half to gain momentum after the financial crash, the sector “is going to be stable, steady” moving forward. www.thememphisnews.com November 9-15, 2012 13 POLITICS Election Follows Script in County BILL DRIES | The Memphis News I n Shelby County and Tennessee the presidential race stuck to the script both national campaigns expected. President Barack Obama carried Shelby County and Republican challenger Mitt Romney took the state and its 11 electoral votes. While that was expected because of what has happened in Tennessee since 2000 and the large Democratic majority within Memphis, there were some surprises. Voter turnout in the most popular election cycle among Shelby County voters was 61.9 percent, about the same percentage as four years ago. But the 371,256 voters is fewer than 2008 when more than 400,000 Shelby County voters cast ballots. The percentage is about the same because there are fewer registered voters in Shelby County than there were four years ago after a long-delayed purge by election officials. Obama’s 232,201 votes in Shelby County in the unofficial totals that are still to be certified by the Shelby County Election Commission compare to 255,680 votes four years ago. And Romney’s 135,536 votes predominantly from the large Republican base Obama carries Shelby while Romney carries Tennessee; Cohen easily beats Flinn outside Memphis compared to 145,248 votes for Republican nominee John McCain four years ago. For most local partisans, the presidential race was about raising money for and making phone calls to voters in swing states. The Republican nominee, for a second consecutive presidential election was someone other than the GOP contender who carried Shelby County in the presidential primaries. Rick Santorum carried Shelby County in the Republican presidential primary in March. In 2008, Mike Huckabee carried Shelby County in the primary. Obama is two for two with Shelby County Democrats. But there was a disconnect between local Democrats and the state party leaders as Democratic U.S. Senate nominee Mark Clayton carried Shelby County over Republican incumbent Bob Corker. Corker, nevertheless, carried the state and won re-election to another six-year term of office. Clayton was disowned by state Democratic Party officials, who stripped A disease management company focused exclusively in the end stage renal disease industry has immediate him of any official party support for his work with an anti-gay group considered a hate group by the Southern Poverty Law Center and party leaders. Clayton has also claimed that Google is working against him on behalf of the Chinese government. The vote totals for Shelby County showed the Senate race drew 23,237 fewer voters than the presidential race. The two tax hikes on the ballot – a countywide sales tax hike and a city gas tax hike – lost with the first belated early voting returns. The defeat of the countywide sales tax hike means the sales tax hikes approved in the August elections by each of the six suburban towns and cities remain in place with those municipalities not splitting their revenue with the larger county including Memphis. The suburban towns and cities took another tentative step toward forming municipal school districts funded by the sales tax hikes Tuesday when they elected school boards. The boards are expected to take the oaths of office around the first of next month and immediately begin the processes of hiring superintendents by the end of the year. The moves toward separate school districts all hinge on the ruling to come from Memphis federal court Judge Samuel “Hardy” Mays on whether the state laws setting up those school districts comply with or violate the Tennessee Constitution. Meanwhile, the countywide sales tax hike may be back next year, which would mean a special election in what is otherwise an off-election year. Shelby County Mayor Mark Luttrell opposed the timing of the tax hike ballot questions more than the tax hike. He wanted a referendum after the countywide school board set its budget for the first year of the merger of city and county schools starting in August. The education reform group Stand For Children mounted and financed a campaign for the tax hike that was more visible for longer than any other campaign on the ballot and estimated second in financing to the effort of 9th District Congressional challenger George Flinn. The organization’s loss on the ballot question comes after it backed several winning candidates heavily in the August races for countywide school board. Flinn’s loss to Democratic incumbent U.S. Rep. Steve Cohen was decisive, but the 75 percent of the vote that Cohen took in unofficial returns was less than the nearly 90 percent total Cohen took in the August primary race against challenger Tomeka Hart. The turnout in the primary was much smaller than that of the Tuesday elections. PINE BLUFF, AR Clinical Coordinator Registered Nurse Acute Registered Nurse Patient Care Technician McGEHEE, AR Registered Nurse The Best Never Settle for Second Best For your Executive MBA, choose the only business school in Memphis fully accredited by AACSB International — the premier accrediting agency for business schools worldwide. Our fall-to-fall EMBA program has developed the area’s best executive talent for over three decades — enrolling could be your best move toward achieving your career goals. Please send resumes to [email protected] or fax to 214-736-2825. To learn more, join us for an informational breakfast. Thursday, November 15, 2012, 7:30–9:00 a.m. Holiday Inn Medallion Restaurant: Private Dining Room, 3700 Central Ave. RSVP to [email protected] or 901.678.4866. EOE Fogelman College of Business & Economics memphis.edu/emba www.usrenalcare.com www.thememphisnews.com 14 November 9-15, 2012 sports sports anal ysis Tigers: Wake-Up Call Comes With Preseason Scare Against CBU DON WADE | Special to The Memphis News Needing late run to edge Division II opponent proves Memphis has plenty of work to do A few weeks ago, an ESPN blogger asked University of Memphis sophomore Adonis Thomas about what the Tigers had learned from their dreadful performance against Saint Louis in last season’s NCAA Tournament loss. Thomas replied: “Everybody has to stay under control. Everybody has to stay together. ... Everybody is more poised this season. And everybody looks to be more of a leader.” Fast forward to one day before the Tigers were to play Christian Brothers University in an exhibition game. Junior Tarik Black spoke about the “anxiety” of waiting for the beginning of the season. The Tigers couldn’t wait to get started. “Everybody’s feeling it’s a special year,” Black said. In fact, they were feeling even more confident after a successful and topsecret scrimmage a couple of days earlier in Tuscaloosa, Ala., against the Crimson Tide. “A lot of energy,” Thomas said. “The chemistry was good. Everybody was disciplined. A lot of carryover from practice.” And then … it all went away. As you surely must know by now, the Tigers had to work way too hard to beat CBU, 65-54, at FedExForum on Wednesday, Nov. 7. They were still tied with about five minutes to play, which isn’t exactly what you expect from a team with aspirations to make a deep NCAA Tournament run. Thomas and Chris Crawford were to have been in the starting lineup, but Coach Josh Pastner benched them because they were a few minutes late to a film session. “We’ve got really good guys,” Pastner said. “I don’t want to make this a bigger deal than it is.” But at the one-for-all and all-for-one team commitment level, it was a big deal. The excuse/culprit: a literally long train running through the U of M campus. So this we know for sure: not even Adonis Thomas is faster than a speeding locomotive. “It won’t happen again,” Thomas said. “Won’t ever happen again,” said Crawford. And that’s probably right. But there are reasons for concern. Pastner and Antonio Barton looked to have a difference of opinion on the Tigers’ bench. Pastner’s fuzzy explanation: “An internal matter. I’m just gonna keep it at that.” That’s Pastner’s right, by the way, but how is it that a player is already unhappy in an exhibition game? All the “poise,” “discipline” and “good chemistry” previously mentioned seemed pretty much absent. What remains is the one thing Black had said the Tigers were ready to push aside: the “anxiety” of waiting. Well, now there is only anxiety in Tiger Nation as everyone waits for the season-opener on Monday, Nov. 12, at FedExForum against Challenges Await New Grizzlies Owner Robert Pera The professional sports clock has its own idea of time. We were reminded of this when NBA Commissioner David Stern came to Memphis for the Grizzlies’ home opener Nov. 5, which also served as a welcoming party for new franchise chairman Robert Pera. When Stern addressed the media before the game, he started recalling his previous trips to Memphis. He came here more than 12 years ago to essentially “inspect” the city and The Pyramid, to see if the old Pointed House would do in the short-term before a new arena could be built. He returned for the beginning of the Memphis Grizzlies Era, at The Pyramid, and for the start of pro basketball at FedExForum, and for the playoffs. He even praised the Grizzlies for the fine team they had last season, remembering that they “knocked off the Spurs.” Well, he was a year late on that one – it was two seasons ago that the Grizzlies upset San Antonio in the first round – but the commissioner’s mistake made clear that time flies when the window of competitive opportunity is ever-closing. THE PRESS BOX DON WADE Ask the Oklahoma City Thunder. Faced with the prospect of escalating luxury tax penalties had they signed James Harden to a lucrative long-term deal, they dealt him to the Houston Rockets just months after they made the NBA Finals. By the end of this season, if not sooner, the Grizzlies’ new ownership will have tough decisions to make about the payroll here. Most of the money is tied up in the so-called Core Four: small forward Rudy Gay, center Marc Gasol, power forward Zach Randolph and point guard Mike Conley. The Grizz will need to shed about $4 million in salary to avoid paying a luxury tax penalty. Stern spoke breathlessly about the current collective bargaining agreement making it possible for small-market teams to both compete on the court and at the bank. In theory, the luxury tax penalties will serve to keep big-market teams in line – “the tax is going to be high and potentially oppressive,” Stern said – but small-market teams always will have little margin for error. As Stern said at another point, “It’s about both managing the roster and managing the business.” Pera, 34, is founder and CEO of Ubiquiti Networks in the Silicon Valley. A former engineer for Apple, there is no doubt that he has been an overachiever – a great quality for the guy with the largest stake in a small-market pro sports franchise. But all indications are that the actual running of the team, on both the basketball and business sides, will be in the hands of Jason Levien. A good friend of Pera’s, Levien is, among other things, a former co-owner of the Philadelphia 76ers, a former executive with the Sacramento Kings and a past sports agent. Two things Levien said this past week stand out. “It’s a zero-sum game in the NBA in terms of wins and losses,” Levien noted, and that was very good to hear. “I don’t think we’ll draw a hard line in the sand on how much we’ll spend,” Levien said, and that at least leaves open the option of paying luxury tax penalties in a given year if Pera and Levien believe the team is close to contending for a championship. Now that’s a long way from any kind of guarantee, true, but Pera’s agreement with local minority owners is that the team remains in Memphis for a minimum of 15 years. Robert Pera didn’t achieve his current station in life by not being competitive. Bottom line: There’s a better chance Pera will spend more to pursue a championship than what previous owner Michael Heisley would have spent. “I’ll be the Grizzlies’ No. 1 super fan,” Pera said. A fan who surely understands that winning, like everything else, comes at a cost. Don Wade’s column appears weekly in The Daily News and The Memphis News. He and Jon Albright host the Jon & Don Show on Sports 56 AM and 87.7 FM from 6 p.m. to 7 p.m. Tuesdays through Thursdays. www.thememphisnews.com November 9-15, 2012 15 sports North Florida. CBU knocked down 10 3-pointers on the Tigers and how many times last season did Pastner preach that the 3-point shot is college basketball’s great talent equalizer, the first thing this team must take away from opponents? Pastner blamed the Tigers’ poor showing, at least in part, on “bad energy.” Like “bad energy” is some kind of mysterious virus. Granted, it’s the kind of thing NBA players say all the time to explain noshow road efforts in places like Cleveland and Charlotte on Monday nights. But in theory, these Tigers are still college kids eager to play, eager to prove they deserve their Top 20 ranking and more, eager to show they can play at the next level. It’s tough to do that when an exhibition game against a Division II team is partially derailed by a train and the bad energy bug. None of this has to mean the sky is falling, of course, but it’s almost as though the Tigers are determined to follow a reality show script – minus the cameras and weekly time slot. “This is a good wake-up call for us,” Pastner said, referring to everything from starters showing up late to a film session to his team failing to defend the 3-point shot. He may be right. It’s also a line that only works once. Memphis guard Chris Crawford (3) drives to the basket against Christian Brothers University defenders Trey Casey (22) and Michael Drake (40) during the first half of the Tigers’ 65-54 win over the Bucs on Nov. 7. The Tigers struggled to beat their Division II opponent. AP Photo: Lance Murphey 20 Years of Excellence In Office Solutions Multifunction Machines Scanners Copiers Printers Managed Print Services Electronic Document Management Systems xmcinc.com 901.737.8910 7585 A.E. Beaty, Suite 101 Bartlett, TN 38133 Bob Hamilton Xerox is a trademark of XeroxCorporation in the United States www.thememphisnews.com 16 November 9-15, 2012 COV E R STO Ry ‘Let’s Do This’ Photo: Lance Murphey NBA commissioner David Stern introduces new Memphis Grizzlies chairman Robert Pera, center, and new CEO Jason Levien to fans on opening night against the Utaz Jazz. Robert Pera takes over as chairman of Memphis Grizzlies T here was just something about FedExForum. Something about touring the more than 800,000-squarefoot arena for the first time that made him think it’s “just awesome, being inside here.” As Robert Pera continued walking through the home arena for the Memphis Grizzlies on his introductory visit, he at one point turned to one of his best friends – Jason Levien, the Grizzlies’ new CEO – and excitedly whispered: “I’m sold. Let’s do this.” Memphis likewise appears to be sold on the new chairman and controlling owner of the Grizzlies, a 34-year-old communications technology company CEO from California who’s been referred to in the business press as the “Wireless Wonder.” After waving hello and taking a seat at his first press conference a few days ago, a crowd of fans, civic leaders and team partners gave Pera and Levien a standing ovation. There’s already a Robert Pera parody Twitter account, and even @FakeRobertPera couldn’t resist basking in the love, tweeting after the press confer- St o r y b y a n dy m e e k ence: “So nice of everyone to embrace me like this today. It’s the dawn of a #newPera.” Pera’s $377 million deal to buy the Grizzlies was signed in June and closed Oct. 29. Much of what Memphis already knows about Pera comes from what happened during the time span connecting those two points. During that time, for example, Pera and his lieutenants were busy – and, for a lot of that time, were canvassing Memphis. To calm fears about the team’s future, Pera and his associates went on a kind of listening tour around the city, breaking bread and meeting in private with potential partners and civic and business leaders. They toured local assets like St. Jude Children’s Research Hospital. During the one-on-one’s and small group meetings, Pera’s associates often solicited general thoughts about the team and asked about other spots in the city to visit and other people who might be worth talking to. Those visits also showed them that word gets around fast here. As the “listening tour” unfolded, Pera’s crew at times would show up to their visits with the subject already knowing much of what they were going to be asked. Meanwhile, Pera and his guys also hand-picked more than two dozen partners – including celebrities, moneymen and business leaders with strong local ties – to comprise the Grizzlies’ new ownership group. And while all that was going on, of course, Pera – the founder and CEO of Ubiquiti Networks Inc. – also had a company to run. All of which is to say that Memphis and Grizzlies fans have been able to learn a little about the team’s new owner these past few months. Based on what Pera already has done as it relates to basketball as well as to the rarefied world of Silicon Valley from which he comes, here are some important qualities of the basketball- and technology-loving CEO that already can be established: He’s both brilliant, and ambitious. A bit of editorializing, perhaps. But let’s take a look at this first one of a few assumptions. Pera got his bachelor’s and master’s degrees in electrical engineering from the University of California-San Diego, where he also studied the Japanese language. He also studied for a time in Tokyo at the Japanese Language Institute. He later worked for two years at Apple Inc., where he was a hardware engineer. www.thememphisnews.com November 9-15, 2012 17 Apple was known for its culture of excellence within the organization at the time Pera was there, when it was led by the late Steve Jobs. So, his hiring alone at Apple may offer one clue as to Pera’s abilities and intellect. Listen to Jobs explain his thoughts on hiring to Walter Isaacson in the authorized Jobs biography: “For most things in life, the range between best and average is 30 percent or so. The best airplane flight, the best meal, they may be 30 percent better than your average one. What I saw with (Apple co-founder Steve Wozniak) was somebody who was fifty times better than the average engineer. He could have meetings in his head. The Mac team was an attempt to build a whole team like that, A players.” Now let’s come back to Pera. Taking Pera at his word, how much talent and ambition does a person have to have to feel that, even at a place like Apple, they’re not being used to their full potential? Because “ I was the last man on the bench. I knew I couldn’t do a lot and wouldn’t get the opportunity to, but I could do a lot more on my own.” – Robert Pera Chairman, Memphis Grizzlies that’s apparently how the new Grizzlies owner felt. “I was the last man on the bench,” Pera said of his time at Apple. “I knew I couldn’t do a lot and wouldn’t get the opportunity to, but I could do a lot more on my own.” Speaking of being on his own, what Pera has done with Ubiquiti is reflective of how he’s likely to lead the Grizzlies. He runs a technology company, so no surprise Pera has been saying in recent days he’d like to bring more of a technological edge to FedExForum and a metricsdriven, Moneyball-esque approach to evaluating players. Through Ubiquiti, Pera is attempting to disrupt a marketplace, break down barriers, empower engineers and connect millions of people around the world. Here’s a revealing story about Pera and his company. At an industry conference earlier this year, Ubiquiti’s chief financial officer John Ritchie told a story about the company’s early days and about how the San Jose, Calif.-based company got its first dose of capital. Pera had been at Apple for two years, and after he left he developed something called an embedded radio card. He went to a trade show after developing the product and began taking customer orders for it. At some point, Pera went back to his customers to tell them he appreciated their interest in his product, but he had to explain to them, basically, that he had no money. “So if you want your product,” Pera told them, “you’re going to have to pay for it up front.” That’s how Ubiquiti got started. Pera apparently was enough of a salesman to convince his first customers to pay up front. According to Ritchie, he later went to Taiwan and lined up contract manufacturers. “And, literally, from that point through 2010, the company took no external capital,” Ritchie said. “It’s kind of a quintessential Valley startup story. Young engineer leaves a big company (to start a new one). Funds the whole thing himself. And he takes the company public in 2011.” Pera said this week that when he looks at Memphis, and its pro basketball team, he gets a feeling like the one he got when he started Ubiquiti, where he said he’s been about “recruiting great engineers and empowering them.” Ubiquiti, he said, also is about creating great things, such as technology that “has broken down barriers and connected millions of people in underserved areas across the world.” “I want to inspire people,” Pera said this week. “Ubiquiti is about changing the world.” Pera, in other words, doesn’t play small ball. Finally, he won’t be a Mark Cuban type of owner with the Grizzlies – but he’ll be a “superfan” in his own way. Pera said as much this week. “I’ll be here as much as I can,” he said, about his future game attendance, adding that he’s passionate about branding and marketing. “I’ll be the No. 1 Grizzlies Superfan.” He’s chosen a CEO, Levien, who will run the day-to-day, and Pera will be involved at a high level. Pera described Levien as a cross between Jerry Maguire and Ari Emanuel, the turbo-charged, fasttalking Hollywood super-agent on which Jeremy Piven’s character from the TV series “Entourage” is based. Recently, Levien was a co-owner of the Philadelphia 76ers basketball team. Counting Pera and Levien as his new right-hand man, the new Grizzlies ownership includes two dozen partners. “This ownership group will take the Grizzlies to the next level,” said Edward Dobbs, one of the new partners who’s also CEO of Memphis-based Dobbs Management Service. “Our team is going to thrive in Memphis for a long time.” Levien described himself as “best buddies” with former Memphis congressman Harold Ford Jr., who also is among the new minority partners in the Grizzlies. At Ford’s wedding, Levien also met local businessman Billy Orgel, another Grizzlies partner. Steve Kaplan, a principal and portfolio manager at Oaktree Capital Management LLC, is the Grizzlies’ new vice-chairman. The full group of limited partners met at fellow Grizzlies partner and AutoZone founder J.R. “Pitt” Hyde’s home Sunday night. Having said all that, with an eye toward what’s to come, Grizzlies center Marc Gasol perhaps best summed up the feelings of the team’s legion of fans when he tweeted earlier in the week: “Welcome Robert Pera to our family and the city of Memphis. Blue collar team in a blue collar city! #OneTeamOneGoal.” $1,000 One business trip (airfare, car rental and hotel) $49 Unlimited online meetings per month Do the math. With GoToMeeting you could hold a month’s worth of online meetings for less than one in-person meeting. Host as many meetings as you want for one flat rate – free VoIP and phone conferencing included. Do more and travel less with GoToMeeting. Try it free for 30 days. FREE 30-DAY TRIAL gotomeeting.com | promo code: AB11 www.thememphisnews.com 18 November 9-15, 2012 special coverage special emphasis: financial services PLANNING FOR THE FUTURE Memphis-based First Horizon prepares for changing industry Robin Holcomb monitors a high speed mail extractor in the operations center for First Horizon National Corp., parent company of First Tennessee Bank. The machine can handle 10,000 pieces of mail per hour. ANDY MEEK | The Memphis News A few months ago, CNBC broadcaster Jim “Mad Money” Cramer all but reached up to the TV screen on his set to high-five Bryan Jordan, president, CEO and chairman of First Horizon National Corp., whose image was there via satellite. Cramer has been bullish on First Horizon and its regional banking unit First Tennessee Bank for a while now. During segments when he talks about regional banking, Cramer frequently brings in Jordan to talk about First Horizon as a poster child for the category, and on this particular show, Cramer had just run through a laundry list of everything he thinks the Memphis-based bank is doing right. “Your stock is just way too cheap. It maps inscreensoftheDixonHughesblue.Locationsthatneed e. Photo: Lance Murphey memPhiS Office Bankers face many challenges to grow market share and balance the Partners development of innovative financial products with a sound credit culture David B. Baggett and strong internal controls; all while complying with the requirements Gregory M. Bostian of industry regulation, corporate governance and financial reporting. P. Anthony Clark Robert C. Davis Dixon Hughes Goodman has more than 350 years of collective experience Buddy Dearman serving over 150 financial institutions including community, regional and William M. Hope U.S. Top 10 banks. Layne McGuire leads the Memphis office’s Financial Paul R. Hopkins Institutions Services Group. She and her team are well equipped to Kenneth L. Johnson help you face these challenges. Jorg Kaltwasser Jeffrey A. Kitterman John A. May Mark H. Nicolas Services Offered Alexandra L. Sinkular • Tax Compliance and Consulting • Internal Audit • IT Risk Assessment dhgllp.com • External Audit 999 South Shady Grove Rd. • SEC and Other Regulatory Compliance • Transaction Advisory national resources Suite 400 Layne McGuire Memphis, TN 38120 Practice Leader, Financial Institutions 901.761.3000 www.thememphisnews.com November 9-15, 2012 19 special coverage makes no sense to me, sir,” Cramer told Jordan. Of course, there are bigger forces at work. Banks, in general, aren’t something the average investor is racing to get their broker on the phone for. It was a tough business during the recession, and it’s still a tough business now. Interest rates are low and are staying that way for a few more years. Loan demand is hovering somewhere between middling and weak. And regulatory bodies have not slowed down in carving away at areas of profit for banks, including clamping down on certain fees. But it’s not just Cramer. There it was, a few weeks ago after First Horizon’s most recent quarterly earnings announcement. This is how Kevin Reynolds, a bank analyst with Memphis-based Wunderlich Securities Inc., put it in a commentary he released to clients: “Investors should own (First Horizon) shares after this pretty solid quarter,” Reynolds wrote. After years of overexpansion during the housing boom and a sharp coursecorrection that got under way before the worst of the bust took hold, the clouds still haven’t yet parted for First Horizon, parent of the largest bank based in Tennessee. But the First Tennessee/First Horizon story is squarely in a new phase. The bank is preparing for a future it cannot predict, for realities that bring high stakes but which aren’t largely foreseeable, by taking cautious steps that have high option value. It’s why, for example, the bank a few weeks ago extended voluntary buyout offers to 400 employees. First Horizon’s chief human resources officer John Daniel told The Daily News that anyone who’s followed the First Horizon story will know it has reduced expenses significantly in recent years, which is true. Since 2007 and 2008, First Horizon has been “cleaning up the mess left by its outof-state expansion and refocusing on its home market,” according to Morningstar Inc. analyst Maclovio Pina. The company sold its national mortgage platform and has been liquidating its lending activities outside of Tennessee, Pina continued. Behind the scenes, First Horizon has been making $100 million in technology improvements, according to chief financial officer William Losch. “When we started reinvesting in technology for our core banking business in earnest in 2009, we had not invested in it strongly since 2000,” Losch said. So, the effort was first to get the bank up to par, and then to make it more efficient. As to the recent buyouts, they were directed to the back office in operational – non-customer facing – areas like finance and human relations. And it’s a targeted effort. In Losch’s words, the company tries to “measure twice and cut once.” First Horizon’s leadership has long said, and continues to say, they’ll pull the trigger on acquisitions when they find the right deal. That could be sooner than later. According to data from Wunderlich, the industry is over-banked. There are almost 2,400 banks headquartered in the South with assets of less than $1 billion. Of those, more than 40 percent have CEOs older than age 60. Reynolds said that First Horizon could participate in some degree of mergerand-acquisition activity in the next few years because of increased capital requirements coming to the industry, a heavier regulatory burden, a slowing economy and low interest rate environment. “We’re evolving the company back toward our roots,” Losch said. “We’re right-sizing it. The industry has fundamentally changed. Now, for example, we have the Durbin amendment, through which the fees we gather on debit card transactions were materially reduced, which squeezes our margins. We also remain in a low interest rate environment. “We can’t control the rate environ- ment or regulators. But we can control how to improve, and which of our businesses to invest in.” And that includes where to invest. The Nashville area is the only major area in Tennessee where the company doesn’t have a dominant market share. Losch said the company has over the past three years grown its deposits 55 percent in the Nashville area. It’s hired several bankers and picked up some new ones recently, and it has a goal of banking large health care clients in Nashville. www.thememphisnews.com 20 November 9-15, 2012 s p e c i a l e m p h a s i s : FINANCIAL SERVICES Optimism Starting to Abound in Industry ANDY MEEK | The Memphis News City’s financial companies cling to mantra of “Getting Better all the Time” as mood brightens H ere’s a look at what’s going on in the world of finance, and the ways it’s all affecting Memphis. First up, to quote the Bard, “But soft: what light through yonder window breaks?”Is it a recovery? An improving economy? The chief executive of one Memphis-based investment firm told The Daily News in recent days he’s crossing his fingers that a deal he’s got in the works is coming together in a month or two. Likewise, optimism abounded in a recent newsletter to clients at another investment firm. The principals of Kelman-Lazarov Inc. headlined their letter “Getting Better all the Time.” “I’ve made it a point to ask many of you,” they wrote, “as well as other friends and acquaintances, how your businesses are doing. It has been encouraging to hear the vast majority say that over the last three to four months, business has actually improved. Some have even told me that the past two years have been good to excellent! “Of course, during 2009-10, the responses were quite the contrary, so it seems from my limited survey that the economy is improving, slowly but surely. Regardless, many of those same people remain wary of the financial markets, especially the stock market. But let’s take a closer look. As bad as the stock markets of 2008 and 2009 were, the S&P 500 since then has risen over 100% from the low point. The reality is that the markets have done very well since the decline a few years ago.” Meanwhile, Tennessee banks receiving capital through the Small Business Lending Fund have increased their smallbusiness lending by $275.1 million over their baselines, according to a new report from the U.S. Department of Treasury. The SBLF, established as part of the Small Business Jobs Act that President Barack Obama signed into law in 2010, encourages community banks to increase their lending to small businesses. Through the fund, the Treasury Department invested more than $4 billion in 332 institutions that operate in more than 3,000 locations across 48 states. Not everyone, of course, is on the same page as to the way the recovery should be handled from a regulatory point of view. U.S. Sen. Bob Corker, RTenn., is a member of the Senate Banking Committee. He recently sent a letter to Federal Reserve Gov. Daniel Tarullo, who voted for the Fed’s latest effort to stimulate the economy. Corker’s letter, according to his office, argued that “activism at the Federal Reserve and flawed mortgage rules being written in accordance with the DoddFrank Act are counterproductive.” Jim Bullard, president of the Federal Reserve Bank of St. Louis, was in Memphis a few weeks ago to make a presentation and got one big applause line: he made a joke that combined new capital standards for banks and a Mayan prophesy about the end of the world. Those new capital standards are part of the international Basel III capital agree- ment. To be clear: Bullard doesn’t support them as they relate to smaller banks. State banking regulators and some congressional lawmakers want to separate community banks from some of the requirements to hold more capital that they believe are better suited to larger institutions. To that end, in recent days the Independent Community Bankers of America announced that nearly 15,000 community bankers and their allies have signed a petition calling on banking regulators to exempt community banks from the proposed Basel III capital regulations. www.thememphisnews.com November 9-15, 2012 21 s p e c i a l e m p h a s i s : FINANCIAL SERVICES Wells Fargo & Co. Survey: Retirement Picture Looks Grim for One Third of US Population andy meek | The Memphis News I f a Wells Fargo & Co. survey is any indication, there’s no way to sugarcoat it: The retirement years look bleak for a large swath of the U.S. population. Take the fact that, according to the survey, more than one-third of respondents might find themselves living close to poverty in their golden years. Those 34 percent expect their retirement income to be half of their current income. And based on the U.S. Census Bureau median household income, that equates to $25,000 – which, for a family of four, is close to the poverty line. “We’ve got to marshal our resources as a country, an industry and as individuals to deal with the issues creating this cliff,” Joe Ready, director of Wells Fargo Institutional Retirement and Trust, said in a press release. For the survey, Wells Fargo commissioned Harris Interactive Inc., a custom market research firm, to conduct 1,000 telephone interviews of middle-class Americans in their 20s, 30s, 40s, 50s, 60s and between ages 70 and 75. The calls were made between July 9 and Sept. 12, and they surveyed attitudes and behaviors around planning, saving and investing for retirement. Among the survey’s highlights, 30 percent of respondents said they expect they’ll need to “work until at least 80” to be able to live comfortably in retirement. But 73 percent said their employer wouldn’t want them to work at that age. Meanwhile, underscoring the severity of the recession and how it’s left in its wake the financial version of a Darwinian struggle to survive, almost half of the survey’s respondents who don’t have a written retirement plan say they’re too focused on the now, on things like paying bills. The number of people who said they’d be willing to accept a reduction in entitlement programs like Social Security or Medicare to help fix the country’s debt problems has fallen to 37 percent from 43 percent in 2011. There’s also a gender divergence. Forty-four percent of men said they’d accept that reduction because of the country’s debt, while 26 percent of women would agree to Social Security or Medicare reductions. “We feel it is very important to keep shining the light on this issue,” Ready said. “People say they’ll work longer, but how possible will this be for millions of Americans?” People don’t trust the stock market when it comes to their retirement funds, according to the survey. If given $5,000 to invest for retirement, 40 percent would put the money in a certificate of deposit or a savings account. Twenty-four percent would invest in stocks, and 22 percent Many retirees won’t have as much money as they thought would invest in commodities like gold or precious metals. The distrust of stocks becomes more pronounced as the survey’s respondents get younger. It found that 37 percent of respondents in their 30s would invest in the market, while only 18 percent of respondents between 25 and 29 would do so. Political affiliation also matters in the survey answers. Take attitudes toward 401(k) retirement plans. Most respondents said employers should give workers advice to help them manage their retirement savings. Of those who support giving the advice, more of them identify as Democrats than Republicans. Sixty percent of respondents said retirement plans should automatically increase contribution rates by 1 percent each year. Again, more of the people in that 60 percent identified themselves as Democrats instead of Republicans. www.thememphisnews.com 22 November 9-15, 2012 s p e c i a l e m p h a s i s : FINANCIAL SERVICES Mortgage Market Sees Gain in Third Quarter Banks produce 25 percent more purchase mortgages in Shelby County between July and September ANDY MEEK | The Memphis News W ith the Federal Reserve taking steps to keep financing costs at extreme lows across the economy, it’s probably not surprising to hear an economist say he’s getting an earful from community banks and credit unions around the country. Chris Low, chief economist of FTN Financial, a division of First Tennessee Bank, said during his most recent market update for clients, investors and analysts that those bankers keep telling him they can hardly make any money on mortgages these days. When rates fall, of course, lenders could try making even more mortgages to offset that, and that’s what some banks and mortgage lenders appear to be doing – at least in the Memphis area. During the third quarter of 2012, total mortgage lending volume was up 25 percent in Shelby County, according to real estate information company Chandler Reports, www.chandlerreports.com. At the moment, low interest rates – At the moment, low interest rates – which earlier this month fell to a record low of 3.36 percent for a 30-year mortgage – are not surprisingly fueling a refinance boom. Beyond that, the data can be a little noisy and make it tricky to put the quarterly numbers into context. which earlier this month fell to a record low of 3.36 percent for a 30-year mortgage – are not surprisingly fueling a refinance boom. Beyond that, the data can be a little noisy and make it tricky to put the quarterly numbers into context. Speaking to reporters after he gave a speech in Memphis in recent days, for example, Federal Reserve Bank of St. Louis president Jim Bullard described loan demand in the area as “soft.” Also, “a lot of the banks are in fairly weak condition,” he added, speaking broadly about the regional Fed district that includes Memphis. The Fed’s recently announced QE3 program is intended in part to juice the housing market by lowering mortgage rates. The announcement of the program was made only a month ago, and it’s generally understood that its effects haven’t had time to trickle throughout the economy yet. Which means time will tell if the local housing market sees a noticeable pickup because of any corresponding drop in Graphic: Shutterstock rates or because of a sustained period of low rates. For now, total mortgage volume during the third quarter rose from a little more than $300 million in the third quarter last year to almost $376 million in the third quarter this year. Data for this report included purchase mortgages only, not refinances. During the third quarter, banks and mortgage lenders in Shelby County made 2,364 purchase mortgages, up 20 percent from the 1,971 mortgages during the third quarter of 2011, according to the Chandler numbers. Lenders who notched gains in the number of mortgages they made during the third quarter this year included Magna Bank (from 132 to 183), Iberiabank Mortgage Co. (from 85 to 114) and Patriot Bank (from 105 to 110). Community Mortgage Corp. topped the list of the county’s busiest lenders, growing its total volume quarter over quarter from about $35.5 million to a little more than $36 million, according to the data. As time goes by, it should be noted, it’s unclear where the numbers will head, according to some watchers. Not all banks, for example, will step up their mortgage activity, because they simply can’t handle it. Capacity, by its very nature, involves limits, and banks can’t take in more mortgage activity than they can handle. Low alluded to that point in his comments. “There have been a couple of articles written suggesting mortgage rates haven’t come down as much as yields on mortgage-backed securities, and because of that, mortgage underwriters are printing bigger profits on these deals than they have in the past,” Low said. Banks and lenders also have to be careful about aggressively extending low rate-fueled mortgage loans to certain buyers, because it could potentially encourage a flood of the same activity partly to blame for the run-up in housing prior to the bubble bursting a few years ago. From the Fed’s most recent “Beige book” summary of local economic activity: “Residential real estate market conditions have continued to improve moderately” in the Federal Reserve’s district that includes Memphis. Chandler Reports is a division of The Daily News Publishing Co. Inc. www.thememphisnews.com November 9-15, 2012 23 s p e c i a l e m p h a s i s : SMALL- B U SINESS SP O T LI G H T: FINANCIAL SERVICES First South’s Goal: Treat Members Well JONATHAN DEVIN | Special to The Memphis News N ice guys may finish last, but nice financial institutions grow steadily over time. First South Financial Credit Union stays competitive by reacting quickly and treating members well. “I think for us there’s plenty of room for us to grow,” said Delynn Byars, senior vice president of marketing for First South. “When you look at surveys by the American Bankers Association, by GalPhoto: Lance Murphey lup, by other organizations, unfortunately there are a lot of First South Financial Credit Union’s Cordova branch is at 1575 N. Germantown Parkway. financial institutions, but not and four in North Mississippi. There Credit unions are also structured so a lot of them are doing a very good job are 13 branches in Shelby County, one that account holders are part owners taking care of their customers.” of which is the financial service for the of the credit union, not just customers. Byars noted surveys in which major, University of Memphis. First South offers in-house mortgage nationwide banks like Bank of America The campus branch, Byars said, is loans without fees or closing costs, and scored poorly on questions like “How often the first bank account students likely are you to recommend the bank to which are not sold off to other financial ever have. To that end, First South has institutions. First South does work with a friend?” First South’s scores have been unveiled in the last month its Fresh Start secondary lenders for customers who 75 percent or more in the positive. Part Saver Loan, intended for people who need different loan products, but Byars of that, she said, comes from a sense of need to develop credit or repair damsaid they vet their partners carefully. membership that is innate in the credit aged credit. The loans, usually about “We offer (those customers) the union model. $2,000, are placed in a savings account same level of service,” Byars said. “We’re Credit Unions are not-for-profit and secured against the loan. Payments always going to be sure that people get financial institutions, which typically are made at a set rate for a 12-month into the mortgage that’s the best fit for are established to serve members of a term and the credit union reports the particular field. First South was founded them, not what makes us or the loan ofin 1957 as Navy Memphis Federal Credit ficer the most money. We don’t compen- payments to credit bureaus. Currently, the credit union has $430 sate our lending officers that way.” Union to work with Navy personnel stamillion in assets, 50,000 members and The result has been a steady flow of tioned in Millington. Naval activities at 105 employees. As yet, First South does new mortgages in their pipeline, even bases across the country were realigned not offer commercial loans, but Byars through the last years of uncertainty in and so in the early 1990s First South said that may change in 2013. the housing market. expanded its membership. First South has an all-volunteer “It’s like the dam has broken, at least “We had already been actively workboard of directors and senior manfor us,” Byars said. “We’ve been putting ing to expand our reach beyond the agement remains small and centrally our mortgage department through their base personnel,” Byars said. “We had located. paces for sure. We’ve also been lucky quite a few companies that we worked “We’re very quick and we’re very because we are a fairly conservative with and still do to this day. We knew lender. We just didn’t have a ton of loans nimble,” Byars said. “Our senior manthat the realignment was coming. agement is here in one building. We can that we had to go through and rework “A lot of credit unions did that much make a decision and go forward at a when the recession hit.” later on when community charters beCurrently, First South has a presence very rapid pace.” came available and then credit unions in 10 counties, six in West Tennessee, could serve an entire county.” If you think banking should be personalized, pleasant and productive, I agree with you. Let me show you how we can make banking your most productive business relationship. Andrea Gladney Vice President and Loan Officer Morgan Keegan Tower 50 North Front Street 901-432-7300 [email protected] NMLS # 745078 Midtown 2000 Union Avenue 901-272-7300 Downtown 50 North Front Street 901-432-7300 East Memphis 510 South Mendenhall Road 901-888-2265 The Timeless Art Of Persuasion Persuasion involves providing sound reasons for doing something and getting others to take action on your request. Sales professionals use persuasion to sell products, medical professionals use persuasion to sell healthy lifestyle choices, managers use persuasion to sell ideas, parents use persuasion (but often default to the old standard, “Because I said so!”) to get their children to do things. In other words, most of us frequently find ourselves in situations that call for us to persuade others of somechris cRouch thing. SMART STUFF Yet most of us 4 WORK have had little or no formal training in the process of successfully persuading others. Of my 17 years of formal education, the closest I got to any kind of persuasion training was during a speech course in college. We were required to prepare and deliver a five-minute persuasive speech. It was the 1970s and my assignment was to persuade my classmates not to smoke marijuana – a challenging assignment in that era, to say the least. I got a decent grade on the speech from my straight-laced, nerdy speech professor and a lot of chuckles from the pot smokers in the class. I doubt if anyone flushed his or her stash because of my dazzling gradeA rhetoric. Cheech and Chong apparently provided much more convincing arguments on the pro side countering any and all of my cons. Five minutes out of 17 years; not what you might call comprehensive coverage of the topic. More than 2000 years ago Aristotle articulated some pretty sound ideas related to persuading others with his ethos, logos, pathos model. He referred to these three techniques as modes of persuasion. In a nutshell, you do things to establish your credibility as a speaker (ethos), things to appeal to your audience’s sense of logic (logos) and then appeal to or stir their emotions (pathos). Translated into practical action, that would be do your homework (know your topic, product, cause, etc.), make specific and compelling logical connections illustrating why your audience should take action on your request, and relate your request to something the audience feels strongly about experiencing or avoiding. Use one of these modes of persuasion; you increase the odds that you will successfully persuade others. Use all three and maximize your chances of success. It seems that ethos and logos do a pretty good job of getting someone up to the edge of making a decision, but pathos seems to trigger the tipping-point-moment for deciders. Who knew the deciding structures of the brain were more like Dr. McCoy than Mr. Spock? Think about the three modes of persuasion when you set out to persuade someone of something. Establish your credibility, explain your logic, make the connection to something you know your audience wants to happen or wants to avoid happening, and then switch to the standard sales model for getting a decision: Ask for the order and then use the silent closing technique – be quiet. Or, if none of this makes sense to you, try saying, “Because I said so!” Chris Crouch is CEO of DME Training and Consulting. www.thememphisnews.com 24 November 9-15, 2012 s p e c i a l e m p h a s i s : FINANCIAL SERVICES Tayloe Brings Knowledge, Energy to Financial Federal Board RICHARD J. ALLEY | Special to The Memphis News A t the age of 34, William Tayloe became the youngest president in the 27-year history of Financial Federal Savings Bank. Now, at 39, he has been named to the bank’s board of directors. Financial Federal has a strong base in real estate banking, a natural for Tayloe, whose family is wellknown in the area real estate market. He began as a loan officer and, like so many of the other employees of the bank, has worn many hats over the years. tayloe “When I was looking around, Financial Federal had a pretty successful business and was a highly respected lender,” Tayloe said. “In particular in real estate, both residential and commercial, so that was probably what was attractive to me.” He was named president in 2008, an inauspicious year for business in general and for the banking industry specifically. Tayloe endured a trial by fire, leaning on the knowledge base of the many veteran employees, mentors such as Kent Wunderlich, shareholders, quality customers and, of course, “a strong capital base, a good foundation,” Tayloe said. “I think he’s done extremely well,” said Wunderlich, who is chairman of the board and general counsel for Financial Federal. “I think every bank had some concerns in 2008, some things that we’d never seen before and we all had to adjust somewhat, and it took a lot of thought, a lot of energy, a lot of organization to keep moving on.” “The last five years has been a pretty interesting time to be in the banking business,” Tayloe said. Locally owned and operated, Financial Federal draws its clients from the worlds of small business and professionals within the community, and has assets of $325 million and deposits of $225 million. By keeping its customer base close and employees accessible, Tayloe said, they’ve been able to overcome the challenges and “to continue, and to expand upon the success that we’ve had here” even in the post-recession climate of excessive regulation and strong competition. The appointment to the board of directors hasn’t changed what he does on a daily basis, but it has added an extra depth of responsibility for him among the board, which is “not large, but is very effective,” Tayloe said. “It’s made up of individuals who have had very successful business careers and to be a part of that, I was certainly honored to be elected.” Expanding the small board of five is one advantage to the addition of Tayloe, while another is “his knowledge of the bank and the banking industry,” Wunderlich said, adding with a laugh, “plus his youth will help the board. We have some maturity on our board, so youth is important, he’s up to date with what’s going on in a different section of the community … he’s out in the community, he’s active in things outside the bank.” Tayloe has had a whirlwind career so far in banking, yet continues to look to the future and continuing in the culture that has made Financial Federal so successful and respected around the Memphis area. The bank is looking toward growth and expansion on certain services and products offered, such as checking accounts, and looking into C&I lending. “There’s a lot of opportunity and we want to make sure that we can capitalize on that,” Tayloe said. “We’re concentrating on technology quite a bit, and think that’s an area where we can add a lot of value to our customer and to the bank.” Within the banking world and without, Tayloe has learned to wear, and to be comfortable in, many hats. From loan officer to president to sitting on the board of directors, he has gained the knowledge necessary to maintain the trust of clients and grow their assets. As a husband to Kimberly and a father to 8-year-old triplets – two boys, one girl – he has learned the delicate balance of work and family, the foundation of any community. “Most of what we do here is based on relationships, it’s relationship banking and I think that’s appealing to our customers,” Tayloe said. “It’s nice to know who you’re doing business with, as a banker and as a customer, and that’s what we try to do.” More flexibility to get your business where it needs to be. Literally. We make loans for any type of multi-family, hotel, retail, or office property, and offer construction, acquisition, or permanent financing. Triumph specializes in commercial real estate loans, and we have money to lend. We also specialize in being more flexible to make it happen in your favor, simply because we can, and because it’s the way we do business. Call 901-333-8800, and let us prove that we’ll go the extra mile to help you get the square feet you need. Member FDIC © 2012 Triumph Bank Equal Housing Lender t r i um p hb a nk . co m • ( 9 0 1 ) 3 3 3 -8 8 0 0 • M e m p h i s • G e r m antow n • Co l l i e r v i l l e • Ar l i n g to n www.thememphisnews.com November 9-15, 2012 25 news LEA D ERSHIP LA W & T HE C O U R T S Portrait Unveiling Scheduled for Longtime Judge ANDY MEEK | The Memphis News G Memphis News File Photo: Lance Murphey College and graduate students take a session on conflict management taught by John Daniel, executive vice president of human resources for First Horizon National Corp. at the First Tennessee Ron Terry Center. The session is part of Memphis – The Summer Experience presented by the New Memphis Institute, formerly known as the Leadership Academy. New Identity Leadership Academy forges ahead as New Memphis Institute ANDY MEEK | The Memphis News E very great person, every great organization and every great city is trying to be better today than they were yesterday. That’s how Nancy Coffee puts it in describing the motivation behind the new name that’s been chosen for the nonprofit group she’s the president and CEO of – the New Memphis Institute, which used to be known as the Leadership Academy. It was a big branding leap for the organization, which has been thinking about a new name for some two years now. The change was about better telling its story and reflecting its purpose. Included in the New Memphis Institute’s aspirations is the goal of shining a light on positive aspects of the city. And along those lines, the group’s first major public event since the name change will come Wednesday, Nov. 7, when the group presents another in its series of “Celebrate What’s Right” luncheons. The group is billing the luncheon’s focus as “Memphis’ next golden age of entrepreneurship.” It will include a conversation moderated by J.R. “Pitt” Hyde, the founder of AutoZone Inc. and an active philanthropist in Memphis, and a panel that takes a look at three startup companies launching groundbreaking ideas in Memphis. Also part of the mix will be a look at the implications for job creation and talent retention. So, the group now has a new name, but as the luncheon demonstrates, it’s in service of more of the same. As it did when it was known as the Leadership Academy, the New Memphis Institute will continue to focus on forging a prosperous and vital new Memphis, Coffee said, by recruiting, developing, activating and retaining talent. “We believe our community grows based on what we pay attention to,” Coffee said. “So we lift up the elements of our city that make us proud to live and work here. And certainly our legacy of entrepreneurship is a major component of that, as is our very bright future in turning ideas into growth businesses.” The luncheon is being sponsored by CBRE Memphis. Panelists include Ben Tempel, a graduate of the New Memphis Institute’s Fellows program and CEO of Nanophthalmics, a company that’s creating microscopic tools for ocular surgery; Charleson Bell, co-founder of BioNanovations; Mike Hoffmeyer, CEO of Paytopia, a new ecommerce payment platform; Joann Massey, business development consultant for the state of Tennessee Depart- ment of Economic and Community Development; and Brad Smith, interim executive director of Launch Tennessee. Hyde also will give remarks. Among other philanthropic and civic causes he continues to be involved in around the city, he is one of the limited partners comprising the new ownership group of the Memphis Grizzlies. And he was present at a press conference Monday, Nov. 5, at which the team’s new owners were introduced to the city. Meanwhile, the luncheon is but one example of the fact the New Memphis Institute would like to continue being a talent engine for the city of Memphis. It was born out of the 1979 Memphis Jobs Conference and has been working to advance the city in various ways for several decades. It counts more than 700 established executives in the city as alumni of its training. Among other facts about the organization, 10 of its “Fellows” were appointed to government roles in 2011. “We remain as dedicated as ever to our path of improving Memphis and helping our city reach its full potential,” Coffee said. “Our verve and passion for that work, we think, is really reflected in the new name. It embodies that restless desire we have to see our community live up to what it is and what it can be.” eorge Brown, who graduated from Booker T. Washington in 1956, grew up in a Memphis that still was years away from stamping out the last vestiges of segregation. It’s a starting point that makes the arc of his life and career all the more remarkable. From that beginning, Brown went on to become a pillar in the city’s legal community. He’s a retired Shelby County Circuit Court judge, and he was the first black justice on the Tennessee Supreme Court. And he’s still working today, both in private business as well as in legal circles. Next week, he’ll be joined by some of his old school friends and lawyers from around the city to mark a symbolic milestone in his life: A ceremony to unveil Brown’s official portrait will be held Nov. 15 in the lobby of Downtown’s Brinkley Plaza. The ceremony is scheduled for 4 p.m. There’s a tendency to mark awards like this as “lifetime achievement” kinds of honors, given when one is closer to the end of a career than the beginning. And even Brown slips into the past tense here and there. But he quickly corrects himself. “I began my life here in Memphis in the throes of segregation, and as I reflect back, I’ve had – well, I’m having a wonderful life and a wonderful career,” Brown said. “And more importantly, I have been honored by the citizens of Memphis and my peers to have an extensive public service career as well as an extensive professional career. So it’s humbling, really. I’m glad I’ve been able to serve my fellow man in various capacities. I’ve tried to be an inspiration for others to follow in the same path.” Brown was a Circuit Court judge from 1983 to 2005. He also was one of the first executive directors of Memphis Area Legal Services. Since his retirement, he hasn’t lived the life of a retiree. He’s still participating in mediation and arbitration cases, and he travels frequently because of that. “It keeps my brain exercised,” Brown says, a bit self-effacingly, with a nod to some of his peers on Memphis’ political scene who’ve exited the limelight and have slowed down considerably. “I’ve just had a good run. I’m still having a good run.” Brown was born in 1939. Outside of his legal work, today he’s also a co-owner of Memphis Chemical, a minority-owned business that was founded in 1968 and employs 17 people. About his portrait that will be unveiled next week, Brown already describes it as a humbling experience. “You look at the artist’s work, and while it represents you – it represents me in this case – really, it represents a lot of people,” Brown said. www.thememphisnews.com 26 November 9-15, 2012 L O G IS T ICS Norfolk, CBRE Executives Tout New Yard ERINN FIGG | Special to The Memphis News Intermodal facility in Rossville brings logsitics, industrial real estate opportunities for region N orfolk Southern Corp.’s most ambitious intermodal terminal to date, the $105 million, 380-acre Memphis Regional Intermodal Facility in Rossville, is making steady progress toward becoming a driving force for industrial development in Tennessee and Mississippi. Grant Cothran, manager of national accounts in intermodal development for Norfolk Southern, and Tommy Jackson, senior vice president of industrial asset services for CB Richard Ellis Memphis, brought more than 300 logistics industry decision-makers up to speed on the project Wednesday, Nov. 7, at the third annual Southeast Freight Conference at the Hilton Memphis. During their 45-minute presenta- tion on the Crescent Corridor, Cothran and Jackson shared current highlights of Norfolk Southern’s $2.5 billion, multistate initiative to establish a high-capacity intermodal freight rail route along 2,500 miles from the Gulf Coast to the MidAtlantic. The Rossville terminal had its soft opening in July. By October, the completed Fayette County facility had a 200,000-volume lift capacity, 1,000 parking spaces for trailers, the latest in gate and terminal automation technology – which will reduce the waiting time to get into the facility and reduce emissions in the process – 12,150 feet of lift track, and 7,110 feet of support track. “I want to emphasize that we have plenty of room for expansion,” Cothran said. “We have engineering plans drawn up and ready to go, and there’s no doubt in my mind that we will eventually expand.” Norfolk Southern chose the Rossville location because of its potential to attract neighboring businesses and lower their operating costs, Cothran said. “Proximity matters,” he said. “When companies choose where to locate their facility, industrial sites that are close to an intermodal terminal mean fewer highway miles traveled for every container. At the Rossville facility, companies have an opportunity to locate very close to our terminal.” Neighboring industrial parks include the 3,600-acre Chickasaw Trail Industrial Park, at U.S. 72 and Cayce Road in Mar- shall County, Miss., and Gateway Global Logistics Center, the approximately 1,200acre industrial component of the Piperton Hills Development, which spans Marshall and Fayette counties and is partially located within the Chickasaw Trail area. Infrastructure improvements will offer additional advantages. “The road connections are really improving, which is so crucial to intermodal,” Cothran said. “We can take care of our tracks, but once you get off our property, you need to be able to get your cargo exactly where it needs to be able to go within the larger region.” To date, infrastructure enhancements have included grade improvements on Tenn. 57 and U.S. 72 and an extension of Tenn. 385 south from 57. IN K E D Briarcrest Sells East Memphis Campus to Church SARAH BAKER | The Memphis News A fter seven years of leasing space for its worship services, Highpoint Church has acquired Briarcrest Christian School Systems Inc.’s property at 6000 Briarcrest Ave. for $7.25 million. The purchase allows 10-year-old Highpoint to finally own the facility where it meets, while Briarcrest will benefit from a long-term leaseback for its preschool and elementary students. The East Memphis campus spans 170,000 square feet and sits on 16 acres. The lease on Highpoint’s offices and mailing address at 6740 Reese Road runs out in January, and the church will start gradually transitioning into its owner-occupied space as soon as possible, said lead pastor Chris Conlee. “We’ve got a full plan to comprehensively renovate the facility over the next five years,” Conlee said. “With it being an elementary school, probably the first thing we want to renovate is the restrooms, but we will be renovating the auditorium, the exterior and interior. Hopefully, five years from now, instead of it being a 40-year-old school, it’ll be a state-of-the-art facility that really complements our vision well.” Briarcrest will use the proceeds of the sale for partial construction costs of its new 35,000-square-foot Dr. Willard R. Sparks Chapel and Performing Arts Center at the Houston Levee campus, 76 S. Houston Levee Road, north of Collierville. Briarcrest opened its high school there in 2003 and added middle school facilities in 2009, said Briarcrest director of communications Beth Rooks. The 1,000-seat facility will feature a full theatrical stage, back-stage holding areas, full dressing rooms, set workshop, orchestra pit, an informal art gallery, and additional classrooms and practice rooms for the performing arts. The addition will also be the new home of Briarcrest’s administrative offices – including the admissions, business affairs, communications, development and informa- tion technology departments – as well as the headmaster’s and president’s offices. Fleming and Associates Architects PC is the architect and Linkous Construction Co. is the contactor. Construction should begin in the next few weeks. “With the construction of the Sparks Chapel, we will see the fulfillment of a vision held by previous boards of trustees for the past 15 years,” said Mark Merrill, Briarcrest president. In other commercial real estate news, a Southaven medical office building has traded hands. DeSoto Surgical Affiliates LLC purchased the former DeSoto Surgery Clinic at 7580 Clarington Cove in Southaven from BancorpSouth for $1.4 million. The 13,137-square-foot building was built in 2005 and includes two separate waiting areas, office space for up to four physicians, a backup generator and an X-ray room. The Class A facility sits on 1.46 acres and is off of Airways Boulevard, across from the entrance to Baptist Memorial Hospital-DeSoto. Henry Stratton, vice president of brokerage services with Colliers International Memphis, represented the seller. Kelly Truitt, president of CB Richard Ellis Memphis, represented the buyer, an orthopedic group that plans to use the space as a surgery center. In other deals, an East Memphis office condominium at 6254 Poplar Ave. has changed ownership. Dr. Alan Levy of Mars Enterprises LLC bought the 4,897-square-foot space from James Gates for $485,000. Brian Califf, broker associate with NAI Saig Co., represented the buyer. Eric Fuhrman, president of Crye-Leike Commercial, represented the seller. Built in 1981, the property’s 2012 appraisal from the Shelby County Assessor of Property is $572,800. Also recently sold was 12.4 acres at 5515 Hayes Road in Arlington, just off of Airline Road. Regency Homebuilders LLC, which was unrepresented, acquired it for $250,000 from Diane Johnson, who was represented by Bill Caller, broker with Crye-Leike Commercial. Caller said Regency plans to develop and market Hayes Place Planned Development, which was approved by Arlington in September. “This is the first land acquisition for residential development in the town of Arlington in over five years,” Caller said. “This property had 120 days of due diligence from contract to closing.” Meanwhile, Jason’s Deli has renewed at Park Place Centre, and will move into a new and larger 7,155-squarefoot space at 1215 Ridgeway Road. The Beaumont, Texasbased restaurant chain has leased 4,832 square feet in the shopping center at Ridgeway and Park Avenue since 1997. Carey White, senior vice president of asset management with Loeb Properties Inc., represented the landlord and was the only broker involved in the deal. And FedEx Employees Credit Union has inked a 2,700-square-foot end-cap in Dexter Center, 8195 Dexter Road, for its Cordova retail branch. Dan Walker Associates Inc. recently filed a $212,000 permit for alterations. Jill Schmitt, senior adviser with Cresa Nashville, represented the tenant, which will relocate from 8115 Country Village Drive. Colliers’ Ed Thomas and Andrew Phillips represented the landlord. “It’s going to be a good tenant for that center,” Thomas said. “We’re repositioning the property. We’re going to try to bring some more quality tenants to the neighborhood. The landlord’s getting ready to put some improvements into the property, updating the center.” Send commercial lease announcements to Sarah Baker, who can be reached at 521-2464 or sbaker@ memphisdailynews.com. www.thememphisnews.com November 9-15, 2012 27 Danger: The Early Warning Sign of Opportunity formula seems commonplace. Without relying on the The very things that made you differpredictable places to hide – spread ent – how you went to market, a product sheets, business buzzwords, risk mitibreakthrough – limit your ability to thrive gation plans, past glories – look me in in the new world of today. Perhaps regulathe eyes. Now, point out the potential tions are changing, dangers for your or import or export business. When laws make it harder you stutter or exto move swiftly. press worry about The world has your employees, I been moving at the will know you’re bepace of the market ing real, vulnerable, human. JOCELYN ATKINSON for more than a I understand. & michael graber decade, but you’ve let’s grow stayed still. EveryYou had a formula thing has changed, that worked. You except your company. OK, you may have grew an amazing 10 percent or more for made an incremental improvement in 12 consecutive years, even if your growth execution or attained operational excelis now declining, or flat, or worse. lence. Here’s a consolation prize. The market is dynamic. Competitors New brands have been born. New arise out of nowhere. Customers change business models have entered the marhabits, brands, or both. Your once magic ket. Service means something else than it did when you started to gain traction. Old customers have not been loyal in the long run. Be real. Back to danger. Your dangers may save you. They can instruct your next move. An informed and intelligent response to danger, rather than a knee-jerk reply to it, can force a company to make changes that will empower it to thrive – but the firm must to be willing to change and capable of being honest with itself. Woe be on those companies whose pride will not let them adapt, change and reinvent themselves. Companies so vain as to not change their story and their culture if they are losing market share deserve to live in an isolated, airless bubble. Wake up – it’s dangerous out there – and that’s the good news. The Chinese ideogram for danger also 3590 new tchulahoma road memphis, TN 38118 REAL ES TAT E RECAP Corporate Avenue Building Sells for $1.2 Million ERIC SMITH | The Memphis News Expy elman B. Fog Avron Pl v rate A e Pl id Corpo Parag on e Rd Py ra m entin Clem Nonconna h Blvd ch Rd bran Mill Profit Dr 1721 Corporate Ave Carrier St 1721 Corporate Ave., Memphis, TN 38132 1721 corporate ave. Memphis, TN 38132 Sale Amount: $1.2 million Sale Date: Oct. 26, 2012 Buyer: Mid South Tech Services LLC Seller: KSH Family LLC Loan Amount: $1.2 million Loan Date: Oct. 26, 2012 Maturity Date: Oct. 26, 2022 Lender: Iberiabank Details: The 35,097-square-foot industrial facility at 1721 Corporate Ave. next to the Nonconnah Corporate Center has sold for $1.2 million to Mid South Tech Services LLC. The company bought the property Oct. 26 from KSH Family LLC, which paid $1.1 million for the building from Edwards Lifesciences LLC in 2005 and whose chief manager Kerry S. Hirschman signed the warranty deed. Built in 1981, the Class B warehouse storage facility sits on 5.45 acres along the south side of Corporate Avenue, which runs parallel and to the south of Interstate 240 between Millbranch Road and Airways Boulevard. The assessor’s 2012 appraisal is $1.3 million. Loan Amount: $1.5 million Loan Date: Oct. 31, 2012 Maturity Date: Nov. 1, 2022 Borrower: Woodlake LP Lender: Financial Federal Savings Bank Details: Woodlake LP, the owner of the Woodlake Apartments at 3590 New Tchulahoma Road in Oakhaven, has filed a $1.5 million loan on the property. The company filed the multifamily deed of trust, absolute assignment of leases and rents, and security agreement (including fixture filing) Oct. 31 through Financial Federal Savings Bank. Built in 1972, the Class C multifamily property includes 122 apartments and 110,288 square feet on 7.15 acres on the west side of New Tchulahoma Road, southeast of the intersection of Winchester and Tchulahoma roads near Memphis International Airport. The Shelby County Assessor of Property’s 2012 appraisal of the property is $1.6 million. Woodlake acquired it in a 1990 quitclaim deed from Robert F. Fogelman. 2345 n. germantown parkway memphis, TN 38016 Loan Amount: $1.3 million Loan Date: Aug. 24, 2012 Borrower: Abbay Hyde Enterprises LLC Lender: First Tennessee Bank NA Details: Abbay Hyde Enterprises LLC, the owner of the Abbay’s fastfood restaurant at 2345 N. Germantown Parkway in Cordova, has filed a $1.3 million on the property. The Walls, Miss.-based company filed the deed of trust through First Tennessee Bank NA. The loan closed in August but means opportunity. This is not to suggest that we seek out danger, but that we look for openings: broken brand experiences, a chance to wildly redesign service expectations, or outdated business models to reinvent or revise. Noticing danger means you notice opportunity. Noticing the new connections in the cracks of an older system produces insights about what you can do to reset market expectations by redefining what the category means to customers. When you are ready to reinvent your business or take a leap into a new market, notice the dangers first. That is where opportunity will be hiding. Jocelyn Atkinson and Michael Graber run the Southern Growth Studio. Visit www.southerngrowthstudio.com to learn more. wasn’t recorded by the Shelby County Register of Deeds until this week. Built in 2006, the 3,979-square-foot restaurant sits on a 1.1-acre outparcel of the Countrywood Crossing shopping center in the Galleria of Memphis Planned Development. The restaurant is on the east side of Germantown Parkway between Rockcreek Parkway and Market Plaza Drive, just south of Interstate 40. The Shelby County Assessor of Property’s 2012 appraisal is $1.5 million. Robert I. Abbay IV signed the trust deed as member of Abbay Hyde Enterprises, which bought the land from the center’s developer, TomBo Properties Inc., in 2005 for $876,413 to build the freestanding restaurant. 3009 davies plantation road Lakeland, TN 38002 Loan Amount: $1.1 million Loan Date: Oct. 8, 2012 Maturity Date: N/A Borrower: MEP Investments LLC Lender: First Tennessee Bank NA Details: MEP Investments LLC, whose members George Edward “Ed” Hargraves and Stephen Patrick “Pat” Harcourt are principals in the engineering and architectural firm A2H, has filed a $1.1 million loan on A2H’s headquarters at 3009 Davies Plantation Road in Arlington. The property’s ownership entity filed the loan Oct. 8 through First Tennessee Bank NA with Hargraves and Harcourt signing the trust deed. MEP Investments bought the 13,759-square-foot building in 2006 for $1.1 million. Built in 1974, the Class A mixeduse office building sits on 3.89 acres on the southwest corner of Davies Plantation and Fletcher Trace Parkway in the Louis Gray Estate Division and Tract subdivision. www.thememphisnews.com 28 November 9-15, 2012 Magic Delights At Puzzle Festival Nine-year-old Joel Brown, a fourthgrader at Moody Elementary in White Hall, Ark., and his dad, Chris, a Jefferson County deputy clerk, arrived at Sturgis Hall at 4:20 last Friday (Oct. 26). Busy with her nursing school studies, mom Stacy couldn’t come. The Browns had seen David Kwong on earlymorning TV promoting the Clinton School Puzzle Festival. David, a magician, was the featured performer. The Browns came early for a good seat. What they’d misunderstood, though, is that the puzzle competition preceded David’s program. Not havVIC FLEMING ing enough time allotted, I SWEAR they headed for the exit, disappointed. David Kwong’s an unusual guy. Born in Rochester, N.Y., to a history professor and a biochemist, he started life amid brightness. After graduating Harvard with a B.A. in history, he went west and got a job as a magician’s assistant. (He’d been practicing magic since childhood and wanted to see if he was as good as everyone said he was.) Before long, Kwong sensed his future lay in movies. Landing a job with DreamWorks, he established himself as a consultant in magic … and cruciverbalism. He consulted on 2009’s Fleming’s weekly puzzle Page 32 “All About Steve,” in which Sandra Bullock played a crossword constructor. He’s credited as chief magic consultant in “Now You See Me,” with Morgan Freeman and Woody Harrelson, set for release in 2013. He’s the founder of the Misdirectors Guild, “an elite group of magicians who specialize in illusions for film and television.” See misdirectorsguild.com. A dollar bill loaned to the magician at the outset – after someone had drawn a dinosaur on it – turned into a clean $100 bill, before our very eyes! Later, after several other tricks, David took a group of Scrabble tiles, drawn randomly by audience members, announcing he’d interlock them all in four minutes, Scrabble-style. Also, he’d “try to make” three 8-letter words in the mix. When time was called, he’d not employed two tiles: J and L. He’d made his three eight-letter words, though: HORRIFIC, UPCHUCKS, and HAYMAKER. Apologizing for the two leftover tiles, he pleaded, “It wasn’t that bad, was it?” Disappointment set in – briefly. David wrote his eight-letter words on a whiteboard, with the Scrabble point-value of each letter next to it. The bill with the dinosaur on it then emerged from a kiwi fruit that had been held by audience members throughout the show. David then added the Scrabble scores of the respective first through eighth letters. The sums, preceded by J and followed by L, were the bill’s serial number! And that wasn’t his best trick! Back to Chris and Joel Brown, who were leaving well before the show was to start. Learning of their situation, David had someone bring them to the conference room, where he gave Joel a private 10-minute show. Chris later sent David a note, thanking him for “making my son’s day” and saying that Joel now “wants to be a magician when he grows up.” So do I. 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. I Swear Crossword L a w Ta l k Adams Driven by Helping Clients ‘Sleep at Night’ RICHARD J. ALLEY | Special to The Memphis News T here are only seven attorneys in Memphis certified with the state of Tennessee as specialists in estate planning. Five of them work for the firm of Wyatt Tarrant & Combs LLP, and Mike Adams is one of those lawyers. To be certified, an attorney must have passed a test and been peer reviewed while 80 percent of his continuing legal education must be in the area of estate planning. It’s training and a distinction that is important to Adams, a 1997 graduate of the University of Memphis Cecil C. Humphreys School of Law, and which compelled him to further his studies. “Right after law school I decided I wanted to really focus on, and specialize in, estate planning, so I went to one more year of law school down at the University of Miami,” the only law school in the country at the time offering a Master of Laws in the subject. It was a personal experience that ignited his interest in this area of law. His grandfather died just before Adams began law school and he was able to help his grandmother through a lot of the transition. “I was kind of exposed to what having a good will can do and what it means to go through court, and so forth, and then helping her update her plan afterwards while I was in law school just piqued my interest more,” he said. From Miami, Adams came back to Memphis to work with Bogatin Law Firm PLC until 2005 when he moved to Williams McDaniel PC, which merged with Wyatt, one of the region’s largest law firms, earlier this year. Adams cannot stress enough the importance of having a plan in place should the unexpected, or even the expected, occur. He said three major events warrant such planning: the birth of a child, a death in the family and traveling abroad. All can cause people to look forward and consider pitfalls and possibilities, and many can be fraught with emotion, as in the case of the death of a loved one, which is why it is imperative to put a plan in place beforehand when calmer, cooler heads might prevail. “A lot of it can be avoided if people Adams plan early,” Adams said. “If you don’t plan at all then no one really knows what you wanted and different people recall different things about what mom said. One of the things we try to do is be very specific about what their intentions are, about what they want for their children or their family.” A lack of planning, Adams said, is “one of the reasons why we’re seeing an increase in litigation the last six or eight years, we see a lot more litigation in trusts and estates area.” While the entanglement of emotion is one labyrinth an estate planner might have to navigate, the tax code itself is another. “You go to school, you do it for a while and have some exposure, and eventually figure out the complicated stuff, and just when you think you’ve got it, they come and change the law,” he said. It’s a maze that is always changing, a roadblock thrown up here, a new statute there. If Congress doesn’t act by the end of 2012, the federal estate tax exemption will go from $5 million to $1 million, an event that is prompting people to make gifts this year or put the money into trusts while the exemption is still active. It’s the type of unknown that keeps estate planners like Adams on their toes. “Probably the most frustrating and challenging part of our practice is keeping up with the laws,” Adams said. To help mitigate such challenges later in life, Adams advises young people just beginning their careers or marriages to get a good, basic set of documents in order, including financial and health care powers of attorney, and a basic will. Once children come along, set up a trust and chain of custody should something unforeseen happen. The rewards of his profession far outweigh any frustrations and the hoops necessarily jumped through as Adams is able to work closely with families to give them peace of mind. “When you’re able to meet with someone before there’s a death and you hear what their goals are and what they want to accomplish, and then you’re able to help them implement that so that they can accomplish those goals,” he said, “at the end of the meeting, when it’s all signed, they walk away happy, they feel much better about it, they can sleep at night and you just see the smiles on their faces and the relief in their faces.” EARNIN G S Tenet Reports Quarterly Growth MICHAEL WADDELL | The Memphis News D allas-based Tenet Healthcare Corp. on Wednesday reported growth of more than $77 million, or 40 percent, in adjusted earnings before interest, tax, depreciation and amortization compared to last year’s third quarter. Tenet, the parent company of Saint Francis Hospital-Bartlett and Saint Francis Hospital-Memphis, experienced 5.8 percent growth in net operating revenues spurred by pricing increases as well as outpatient and surgical volume. “Last night’s election results are encouraging for the full implementation of the Affordable Care Act,” Trevor Fetter, Tenet past president and chief executive officer, said in a statement. “Based on our model of expanded coverage under the act, all of our hospitals are in markets that will see an increase in covered lives, and in virtually all of our markets that growth exceeds the rate for the country as a whole.” Tenet expects the act to be a strong driver for earnings over the next few years. Mitt Romney had vowed to dismantle the health care reform act if elected. Tenet remains focused on physician alignment and outpatient center strategies, as it will acquire a total of 15 outpatient centers and open 14 newly built outpatient centers this year. By the end of the year, Tenet will operate 124 outpatient centers across the country. www.thememphisnews.com November 9-15, 2012 29 M e m p h i s S TAN D O U T Garland Sells Real Estate to Beat of Own Drum SARAH BAKER | The Memphis News C hris Garland was drawn to the hustle and bustle of the real estate business in his early teens. “I remember going into my cousin’s office one day and he was sitting in there on the phone with his feet up on his desk looking through all of these papers and negotiating a deal,” Garland said. “I was like, ‘I want to do that.’” He would go on to run errands for that cousin, Gary Garland, at Crye-Leike Commercial Investment Division, before getting his real estate license in 1987 at age 20. That background led him to obtain a degree in urban development from the University of Memphis – a combination of real estate, finance and city planning. Chris Garland joined Gary’s newly formed company, Garland Co. Real Estate, in 1993 to sell commercial real estate and has been there ever since. In 1997, the firm moved its offices Downtown from Sanderlin Avenue and Garland started selling residential too. It’s a broader focus that Garland’s industry peers don’t dabble into quite as much. “Commercial real estate agents will ask me, ‘Why do you sell residential and commercial?’” Garland said. “I say, ‘Well, one day I figured out that I could sell three $300,000 houses twice as fast as I could sell one $300,000 commercial building.’ But I still liked doing commercial buildings too, so I decided to do both. And be good at both.” Garland began to specialize in the Downtown market, selling homes at Harbor Town, South Bluffs and condos. He also brokered commercial transactions, including retail and office leasing, sales of buildings for redevelopment, as well as land for redevelopment. All the while, Garland kept bumping into Tracie Gaia, who was handling residential property for Downtown investors and developers like Phil Woodard. In 2004, Gaia joined Garland Co. Real Estate, and the duo teamed up to take on marketing new town homes and condos. “We started selling these vacant buildings for the revitalization of Downtown,” Garland said. “We were the sales team for the developer/builder who had no sales team. We helped them design up for what was best for the market, meet with the architects, get the floor plans and finishes right to where we knew we could sell them.” Since then, Gaia and Garland have tallied more than $80 million in residential sales. To this day, they’ve sold several of those units two or three times over. “People, when they’re getting ready to sell it, they call us again,” Garland said. Projects Garland has been involved with in recent years include Kerr Tigrett’s The Ivy at South End subdivision, CityHouse Memphis Condominiums at 6 W. G.E. Patterson Ave., Finard Properties Inc.’s GARLAND The Welcome Wagon Building at 30 N. Second St., and numerous buildings along South Main, including where UrbanArch Associates PC now resides. “I love to see the buildings go from being vacant to useful and thriving,” Garland said. “I like seeing things change.” Garland has also represented such retailers as City Market grocery in its ground floor lease at Radio Center Flats, 66 S. Main St., and Gus’s World Famous Fried Chicken in its build-to-suit space at 730 S. Mendenhall Road. “In a previous real estate market, I could afford to specialize in one area: Downtown,” Garland said. “I still specialize in Downtown, but I’ll handle commercial or residential real estate transactions anywhere in the city. And I’m very capable of it because I’m 45 years old and I’ve lived in Memphis all my life.” Sales have “picked up a lot” in the last year, Garland said. When he’s not making real estate deals, Garland enjoys traveling, fly fishing and scuba diving. He’s also a Tigers and Grizzlies season ticket holder. It’s a testament to his love for Downtown, where it’s not uncommon to see Garland out and about showing property, cell phone in hand – but never in a suit. “I walk to the beat of my own drum as far as the whole real estate business goes,” he said. THE PULSE REPORT A monthly snapshot of local real estate trends. The is a complimentary publication derived from our extensive Market Trends reports and offers you an overview of: » » » » » Register today for this free monthly report at www.chandlerreports.com Home Sales Activity Commercial Real Estate Trends Foreclosure Analysis New Housing & Builder Activity Lending and Mortgage Trends www.thememphisnews.com 30 November 9-15, 2012 h e a l t h c a r e & b i ot e c h Local Organizations Promote Alzheimer’s Awareness, Eduation MICHAEL WADDELL | Special to The Memphis News N ovember is Alzheimer’s Disease Awareness Month and several local organizations are ramping up efforts to increase awareness and education for caregivers and loved ones dealing with the challenges of Alzheimer’s disease and other dementias. Home Instead Senior Care is rolling out a free program to help caregivers better understand the disease, the Alzheimer’s Association continues its fight for increased awareness with free monthly classes at four area locations and Alzheimer’s Day Services of Memphis Inc. will hold a scavenger hunt fundraiser on Saturday Nov. 10. Alzheimer’s is the leading irreversible disease that shows the symptoms of dementia. According to the Alzheimer’s Association’s Mid-South chapter, more than 5.5 million people are diagnosed with Alzheimer’s in the U.S. and an estimated 800,000 individuals (more than one in seven) live alone. By 2050 up to 16 million will have the disease. “By the year 2025 we are anticipating more than 150,000 people will be diagnosed in Tennessee over the age of 65,” said Susan Howe Crowson, director of programs and advocacy for the Alzheimer's Association’s Mid-South chapter. “And for every individual diagnosed with Alzheimer’s, there are approximately three Illustration: Shutterstock other individuals who are unpaid caregivers affiliated with them, including family, friends, loved ones and congregational care. We want to provide education and awareness that the disease is impactful right now, and it will be a national crisis within the next 10 to 25 years if we continue to not address it as a national priority.” The Alzheimer’s Association is the largest nonprofit organization in the country, with local chapters throughout all 50 states. Alzheimer’s disease is the sixth leading cause of death in the U.S. and the only cause of death among the top 10 without a way to prevent, cure or even slow its progression. Of Americans aged 65 and over, one in eight currently has Alzheimer’s, and nearly half of people aged 85 and older have the disease. Crowson points out that the financial impact of the cost of Medicare and Medicaid is substantial. Medicare costs for those with Alzheimer’s and other dementias are three times higher than for those without, and Medicaid spending is 19 times higher. In 2012 the direct costs of caring for those with Alzheimer’s will total an estimated $200 billion, including $140 billion in costs to Medicare and Medicaid. By 2050 those costs could rise to nearly $1.1 trillion, according to the association. In late October, Home Instead Senior Care debuted its Alzheimer’s or Other Dementias CARE: Changing Aging through Research and Education training program, a free class for families and caregivers dealing with seniors suffering from Alzheimer’s disease and other dementias. The focus of the program is to gather stories and experiences about the senior’s past, tapping into their long-term memory since those with Alzheimer’s disease have difficulty with short-term memory. “We received fantastic reviews from the caregivers about the application,” said Melissa Bennett client care coordinator at Home Instead Senior Care, which is celebrating its 16th year in Memphis. Home Instead held its first certification class at the first of October and then held another test run session with local Alzheimer’s experts later in the month. The first official class in the series of four will be held at the Home Instead’s Memphis office on Dec. 5. The Memphis franchise employs eight people at its office and works with more than 200 area caregivers. Home Instead provides care for seniors living at home, in assisted-living facilities and in nursing homes. It is part of a network of 900 locally owned and operated franchises located in all 50 states. Daryl Doane owns the Home Instead franchises in Memphis and Oxford, Miss., and there are also locations in Jackson, Tenn., and Little Rock, Ark. Due to the physical and emotional toll of caregiving on their own health, Alzheimer’s and dementia caregivers had $8.7 billion in additional health care costs in 2011. More than 60 percent of Alzheimer’s and dementia caregivers rate the emotional stress of caregiving as high or very high and one-third report symptoms of depression. The Alzheimer Association offers free classes. Upcoming classes include Impact of the Holidays for the Person with Dementia held at Baptist Memorial Hospital’s Memphis Education Center in East Memphis on Nov. 14, followed by Tips for Taking Care of the Caregiver on Dec. 19. The Alzheimer’s Association’s primary local fundraising event is the annual “Walk to End Alzheimer’s,” which will be held next year on Sept. 14 at Shelby Farms Park. The 2012 event featured 1,090 participants and raised more than $100,000. On Nov. 10 Alzheimer’s Day Services of Memphis will hold “Fun on the Run: A Scavenger Hunt for Alzheimer’s Day Services” in support of Alzheimer’s Disease Awareness Month. Sales, Marketing Lessons From the Presidential Campaign appearance on TV in the 1960 debates Despite your political against a feverish-looking Nixon helped affiliations or how your candidate fared in him secure the win. The “reach” (number this year’s presidential election, it’s tough of impressions) that Obama not to appreciate the fullgenerated on YouTube during court press the candidates the 2008 election would have give in selling and marketing cost the campaign more than their own personal brands. $50 million in equivalent TV In fact, there are sales and airtime. Brands and campaigns marketing takeaways that that fail to embrace technology we can glean from one of the do so at their own peril. most expensive elections 8.) Keep Messaging Simple: (AKA “ad campaigns”) in our Lori turner- Keep your message simple, nation’s history – lessons we wilson can leverage in promoting our guerrilla sales easy to understand and share own local brands. and marketing with others. Then stick with it. Historically, campaigns that 10.) Understand Emotional Buying: Consumers make emotional teeter back and forth between messages fall short of the goal line. buying decisions first, only later seeking 7.) Maintain Positive Tone: Presidential rational support to justify the decision campaigns that focus on their own value they’ve really already made. That’s why proposition versus tearing down their people decide whom to vote for based competitors are more often to find their more on how they feel about the candiway to a win. dates than any rationale argument one 6.) Define WIIFM: In the end, elections could make. are won or lost by a candidate’s ability to 9.) Embrace Technology: Effective use talk to people about what affects them of new technology wins elections: Eisendirectly – the “what’s in it for me” (WIIFM) hower won in 1952 thanks to radio. JFK’s factor. The rest of the rhetoric is just noise. 5.) Know Thy Target: Knowing your audience and targeting your message accordingly is essential. Texas and New York aren’t emphasized by the campaigns for a reason – they don’t have as significant an impact on the outcome as states like Ohio and Virginia. Targeting doesn’t mean that any group of prospective voters (or buyers) is less important than another – it’s just smart marketing. 4.) Act vs. React: Don’t let your competition control your message. Stay on point and drive home your key messages with consistency and frequency versus changing course with every competitor whim. 3.) Promote Brand First: Facts alone simply don’t distinguish a candidate, or a brand, from another. Voters, like consumers, make decisions on a more visceral level. Once they believe in your brand, then the facts become a more important part of the conversation. 2.) Leverage Data: Every year, political campaigns become increasingly datadriven with those most quickly accessing reliable data – and knowing how to use it – often winning elections. Data allows you to know how to properly frame your content so that it resonates with your audience. In other words, metrics allow you to adjust your marketing strategy real-time based on your performance. 1.) Express Personality: Candidates with personality, who engage with voters, win hearts. Have a sense of humor and let down your guard – when promoting any brand, whether it be political or otherwise. Whether you’re a political junkie or glad all the rhetoric is coming to an end, don’t miss the opportunity to learn a lesson – or 10 – from one of the most expensive advertising and marketing campaigns of our time. Leverage the candidates’ successes and failures for a big impact on your bottom line. Lori Turner-Wilson is an awardwinning columnist and CEO/Founder of RedRover Sales & Marketing, www.redrovercompany.com. You can follow RedRover on Twitter (@redrovercompany and @ loriturner) and Facebook (facebook.com/ redrovercompany). www.thememphisnews.com November 9-15, 2012 31 Newsmakers F O O D B U SINESS Haynes Joins The Table Group Green Girl To Create Indoor Vertical Farm Kate Simone | The Memphis News Brad Haynes has joined The Table Group Inc. as principal consultant. Haynes provides executive teams with consulting and training built around teamwork, leadership and organizational health. Hometown: Jackson, Tenn. Education and/or work experience: Bachelor of Arts in religious studies from Rhodes College in 1991; Master of Arts in theology and Doctor of Psychology from Fuller Theological Seminary in 2006. Prior to joining The Table Group, he worked at The Christian Psychological Center, specializing in organizational health and individual and marital therapy. Family: Wife of 12 years, Sally; Daughter, Tybi Who has had the greatest influence on you? I owe my parents the world. My mom has taught me how to laugh and love, and my dad has taught me the value of listening and planning. I am blessed to get to see them weekly. What attracted you to The Table Group? A great group of humble, SARAH BAKER | The Memphis News hardworking people with a simple and incredibly effective model for making organizations healthier. A What are your goals as principal consultant? To help leaders build healthier, more stable and productive organizations. What do you consider your greatest accomplishment? My greatest accomplishment was getting Sally to marry me. What do you most enjoy about your work? I have the best job on the planet! I get to work with committed leaders and help them build stronger organizations that support healthy individuals and families. If you could give one piece of advice to young people, what would it be? Practice the discipline of reading your Bible daily. haynes Dave Nelson has been elected chairman of the board of A3 Freight Payment. Ned Nelson has been elected the board’s vice chairman and secretary. The Nelson brothers are founders of AIMS Logistics. Dr. Lin Zhan, dean of the Loewenberg School of Nursing at The University of Memphis, has been named one of top 100 nursing professors for 2012 by BSNtoMSN.org. Professors are chosen based on the academic rankings of nursing schools, awards, the quality and quantity of their academic publications, peer recommendations and student reviews. Marty Keith has been promoted to assistant administrator at Methodist University Hospital. Keith has been interim assistant administrator since April. Mayzelle Moore was named director of HR. Scott Thurmer has joined the Memphis branch of Churchill Mortgage as loan officer; Don Bennett has joined the branch as home loan specialist; and Sandra McGehee has joined as mortgage loan processor. AOC LLC has promoted several executives in its research and development department. Dr. Tom Folda has been named senior vice president, technology; Mike Beebe, research and development director, open mold synthesis/analytical; Dr. John McAlvin, research and development director, open mold; and Dr. Tomas Steinhausler, research and development director, closed mold. Friday at 7:00pm WKNO Friday at 7:30pm WKNO2 Sunday at 8:30am WKNO Tracy Busby has joined Memphis Consumer Credit Association as executive vice president of sales and marketing, overseeing sales and marketing efforts across the association’s multistate region. group of food professionals is working toward supplying restaurants with local produce while improving the health of Memphians and fighting urban blight. Green Girl Produce plans to leverage technology to create the city’s first indoor vertical farm, providing the community with costeffective, year-round organic mircogreens. By leasing an old 1,260-square-foot liquor store at 2655 Broad Ave., the space has the potential to store up to 2,500 square feet of growing room. But what exactly are microgreens? Emma Self, silkscreen printer, restaurant industry veteran and gardener, calls them “sexy little plants.” “Chefs love them because they make a boring dish pop, they add intense flavor, texture and vivid color,” Self said. “On top of that, they are super nutritious with up to 40 times the nutrients and vitamins of their mature counterparts.” Green Girl Produce plans to use LightEmitting Diode (LED) lighting with only two employees administering an automated, re-circulating hydroponic system. This is accomplished by using the same amount of electricity as a similar-sized office building and 90 percent less water than conventional farming techniques. Green Girl Produce assesses the unfilled local demand of microgreens to be 550 pounds per week. Ciao Bella’s executive chef Jonathan Steenerson told Self that he pays farms in California more than $100 per pound for greens that are often wilted by the time they arrive.Other restaurants that have demonstrated a desire to have readily available microgreens include Acre, Interim, Andrew Michael Kitchen and Hog & Hominy, Chiwawa, Cosmic Coconut, Elegant Farmer, Republic Coffee, Rizzo’s Diner, Sweet Grass and Sweet Grass Next Door, and Tsunami. Green Girl Produce estimates its production to exceed 100 pounds of microgreens daily. At $25 per pound, that translates to $1.2 million in annual revenue – with payback within just one year. The idea is to first meet local demand by partnering with M. Palazola Produce Co. and other restaurant distributors, as well as local farmers markets and specialty grocers like Whole Foods Market. Eventually, Green Girl Produce aspires to fill regional and national needs of microgreens. “Since we’re so close to the FedEx hub, we can leverage our proximity and get in orders six or seven hours before all of these other people all over the country that have to ship out,” Self said. Besides Self, Green Girl Produce is made up of Taylor Berger, attorney and owner of YoLo Frozen Yogurt & Gelato; Ellen Roberds, former reverend with Calvary Episcopal Church; and Lynette Morgan, authority in hydroponic and LED methodology. www.thememphisnews.com 32 November 9-15, 2012 Week of 10/29/12 - 11/4/12 crosswords The Weekly Crossword Edited by Margie E. Burke The Weekly Crossword ACROSS 1 Shoot wide 5 Fluid buildup 10 Patriot maker 14 Blue-pencil 15 Cantaloupe, eg. 16 Sea eagle 17 Music for one 18 Traffic cone 19 Aries or Libra 20 Soluble substance 22 Promiscuous woman 24 Grassy surface 26 Volcanic dust 27 Touch lightly 30 Belt size, basically 32 Arm joint 37 Heroic poem 39 Bird's cry 40 Louisiana lingo 41 Pavement stones 43 Old-time remedy for poison 44 Push forward 45 Bikini top 46 Large amount 47 Weasel's cousin 48 Indiana state flower 50 Curved letter 51 Prickly seedcase 53 Ski lift 55 Take-home food sack 60 Come forth 64 Willing and ____ 65 Broadcasting 67 Wind around 68 Wry face 69 SAG member 70 Sea lettuce 71 Furtive look 72 Very small 73 Foot soldier 1 2 3 by Margie E. Burke 4 5 6 7 8 9 10 14 15 16 17 18 19 20 22 21 24 27 28 29 37 25 30 41 31 32 35 36 62 63 46 48 47 57 34 43 45 56 33 40 44 55 13 26 42 51 12 23 39 38 11 49 52 53 58 59 50 54 60 61 64 65 66 67 68 69 70 71 72 73 Copyright 2012 by The Puzzle Syndicate 4 Large weasel 40 Thanksgiving 56 Woodwind 5 Based on fruit instrument experimentation 42 Horse race 57 Adhesive 6 Susan of "The 43 Move quickly 58 Nerdy one Partridge Family" 45 Exist 59 Yard entrance 7 Building wings 48 Showy strut 61 Actor's part 8 Greenbacks 49 Sweet potato 62 Computer input/ output acronym 9 Paquin and 52 German sub Pavlova 54 Summarize 63 Spirit 10 Bit of wit 55 Slightly wet 66 Charged particle 11 New York canal 12 Train operator, briefly 13 Quaker leader Answer to Last Week's Crossword 21 Axle bolt S P U D H I S S F L I T 23 In that place H U L A N O R T H R O D E 25 Shipping label A R C H I V O R Y U P O N word R E E L G E N E W I E L D 27 Musical speed P E R I S H O W L E T 28 Separated A T T A R A B B O T S 29 Lace edging A S T E R N A L O E 31 Complement to N A B U P R I G H T E D I T I O N 25-down T S A R I N W A R D 33Week Meadows of 10/29/12 - 11/4/12A D O L F O L D S E T O F F 34 Italian bowling N U T T Y V E R S E D game S P A W N A B L E A C M E DOWN 35 Cooking pots A L D A O S I E R C O O N 1 Elevated ground 36 Garden N E A R A T L A S A N T I 2 False god intruders K E L P S E E M 3 Blouse fabric 38 Superhero garb S A M E Sudoku Edited by Margie E. Burke Edited by Margie E. Burke Difficulty : Easy Each row must contain the numbers 1 to 9; each column must contain the numbers 1 to 9; and each set of 3 by 3 boxes must contain the numbers 1 to 9. HOW TO SOLVE: HOW TO PLAY Copyright 2012 by The Puzzle Syndicate Answer to Last Week's Sudoku 12n-3p www.thememphisnews.com » November 9-15, 2012 33 happenings Philanthropy and Nonprofit Leadership, The Community Foundation of Greater Memphis and United Way of the Mid-South will hold a 2013 grant cycle interest meeting focused on applicant matchmaking Tuesday, Nov. 13, at 8:30 a.m. in the university’s University Center River Room. Applications for the capacity-building and small grants are due Jan. 31. Visit memphis. edu/scgrants for program details. Talk of the Town Toastmasters Club will meet Thursday, Nov. 15, at 1 p.m. at The Assisi Foundation, 515 Erin Drive. Visit memphistm.com. The Council of Supply Chain Management Professionals MidSouth Regional Roundtable will meet Tuesday, Nov. 13, at 11:30 a.m. at Memphis Marriott East, 2625 Thousand Oaks Blvd. CSCMP National President Rick Jackson, executive vice president at Mast Global Logistics, will discuss current trends in the supply chain. Cost is $25. Register at cscmp.org or email midsouthcscmp@gmail. com. Rhodes College’s Mike Curb Institute for Memphis will host a presentation, panel discussion and concert celebrating the musical heritage of Manassas High School and bandleader Jimmie Lunceford Thursday, Nov. 15, at 5 p.m. in the Bryan Campus Life Center at Rhodes, 2000 North Parkway. Visit rhodes.edu for a schedule. Black Business Association of Memphis and Renaissance Business Center will present “The Power of Social Media Marketing” Tuesday, Nov. 13, from 5:30 p.m. to 7:30 p.m. at the business center, 555 Beale St. The seminar will cover basic functions of social media and how to effectively use it for marketing. Cost is free. Registration is required. Call 5263900. » Community Memphis Light, Gas and Water Division will host the 14th annual Business of Service Conference Friday, Nov. 9, from 9 a.m. to 2:30 p.m. in the MLGW training center, 4949 Raleigh LaGrange Road. The conference provides training and networking for grassroots community leaders. Cost is $5. Register at mlgw.com/serviceleaders or 528-4820. The Memphis Chapter of Executive Women International will meet Thursday, Nov. 15, at 5:30 p.m. at Junior Achievement of Memphis, 307 Madison Ave. Cost is $35. R.S.V.P. to Peggy Oman at [email protected] by Friday, Nov. 9. The Memphis/Mid-South Chapter of the Federal Bar Association will cosponsor the Memphis Area Legal Services Saturday Legal Clinic Saturday, Nov. 10, from 9 a.m. to 1 p.m. at the Benjamin L. Hooks Central Library, 3030 Poplar Ave. Federal Bar members are invited to participate in the clinic, which is a joint project of the Memphis Bar Association Access to Justice Committee and Memphis Area Legal Services. Contact Justin Ross at justin.ross@ fedex.com or 434-8570. Saint Francis Hospital Center for Surgical Weight Loss will host a free information seminar on bariatric surgery Saturday, Nov. 10, at 10 a.m. at the hospital, 5959 Park Ave. Seating is limited. R.S.V.P. to 765-1849. LaunchMemphis will host Risk City: Global Entrepreneurship Week 2012 programs and networking events Monday, Nov. 12, through Friday, Nov. 16, at multiple Memphis locations. The global event connects entrepreneurs with potential resources and collaborators. Visit launchmemphis.com for a schedule. Memphis Urban League will hold its annual empowerment luncheon Monday, Nov. 12, from 11:30 a.m. to 1 p.m. at Holiday Inn University of Memphis, 3700 Central Ave. The theme is “Something is Happening in Memphis.” Email [email protected]. The University of Memphis will hold a graduate school recruitment fair Monday, Nov. 12, from 1 p.m. to 6 p.m. in the Michael D. Rose Theatre on campus. Visit memphis.edu/truebluefuture or call 678-4212. The Memphis Chapter International Association of Administrative Professionals will hold its annual fundraiser and silent auction Monday, Nov. 12, at 6 p.m. at Hilton Memphis, 939 Ridge Lake Blvd. Cost is $22, and proceeds benefit the IAAP student chapter and education initiatives. R.S.V.P. to Sharon Gardner at sharon. [email protected] or 752-6213. Memphis Center City Revenue Finance Corp. will meet Tuesday, Nov. 13, at 9 a.m. in the board’s office in The Crump Building, 114 N. Main St. Visit downtownmemphiscommission. com. The University of Memphis Institute for Methodist North Hospital will hold a stroke support group meeting for survivors and caregivers Tuesday, Nov. 13, at 2 p.m. in day room one at HealthSouth Rehabilitation, 4100 Austin Peay Highway. Visit methodisthealth.org or call Connie Holland at 516-5646. Baptist Women’s Hospital will continue a wellness seminar series with “Diagnosed With Diabetes: What Now?” Tuesday, Nov. 13, at 6 p.m. at the Benjamin L. Hooks Central Library, 3030 Poplar Ave. Cost is free. Contact Diane Jalfon at djalfon@memphislibraryfoundation. org or 415-2831. The Memphis Light, Gas and Water Division board of commissioners will meet Thursday, Nov. 15, at 1:30 p.m. at the MLGW administration building, 220 S. Main St. Visit mlgw.com for an agenda. Downtown Memphis Commission, 5R Processors Ltd. and Memphis Area Transit Authority will hold an electronics recycling drive as part of America Recycles Day Thursday, Nov. 15, from 3 p.m. to 6:30 p.m. in the Central Station pavilion at the corner of South Front Street and West G.E. Patterson Avenue. Visit 5rprocessors.com for a list of accepted items. The Rotary Club of Memphis East will meet Wednesday, Nov. 14, at noon at The Racquet Club of Memphis, 5111 Sanderlin Ave. Tennessee Department of Safety and Homeland Security Commissioner Bill Gibbons will speak. Cost is $17. R.S.V.P. to Lee Hughes at lmhughes@ bellsouth.net. Kiwanis Club of Memphis will meet Wednesday, Nov. 14, from noon to 1 p.m. at the University Club of Memphis, 1346 Central Ave. Steve Stone will discuss the partnership between HeartSong Church and the Memphis Islamic Center. Cost is $18 for nonmembers. The Marcus W. Orr Center for the Humanities at the University of Memphis will host a lecture by Texas A&M University professor Valerie Hudson titled “Sex and World Peace” Wednesday Nov. 14, at 6:30 p.m. in the University Center theater. Visit memphis.edu/moch for details. Dixon Gallery and Gardens will host its 2012 Phoebe Cook Lecture Thursday, Nov. 15, at 11 a.m. at Dixon, 4339 Park Ave. Joe Fava will present “Enhancing Your Holiday Season With Your Favorite Treasures.” Visit dixon.org. The Women’s Council of Realtors Memphis chapter will meet Thursday, Nov. 15, from 11:30 a.m. to 1 p.m. at the DoubleTree Memphis hotel, 185 Union Ave. Cost is $18. R.S.V.P. to Lauren Criswell at [email protected] or 260-4780. Grawemeyer’s German-American Restaurant & Bar will feature live jazz by Standby for Mars Friday, Nov. 9, at 8 p.m. at the restaurant, 520 S. Main St. And it will feature live music by Eddie Harrison Saturday, Nov. 10, from noon to 3 p.m. and Sunday, Nov. 11, from 1 p.m. to 4 p.m. at the restaurant, 520 S. Main St. Call 800-1553. The Orpheum Theatre will hold its 34th annual auction Saturday, Nov. 10, at 6:30 p.m. at the theater, 203 S. Main St. Proceeds from the live and silent auctions will benefit the new Performing Arts & Leadership Centre. Cost is $100. Visit orpheum-memphis.com. A2H will host Jed Zimmerman and Mark Stuart as part of its Parlor Concert Series Saturday, Nov. 10, from 8 p.m. to 10 p.m. at the architecture firm’s office, 3009 Davies Plantation Road. Suggested donation is $15. R.S.V.P. to [email protected]. The Memphis Young Professionals Network of the Memphis Association of Realtors will host a “Break the Ice” event Thursday, Nov. 15, TIME at Bluefin, 135 S. Main St. Email [email protected]. The Memphis Association of Craft Artists will hold its Tour of Fine Craft event Saturday, Nov. 10, from 10 a.m. to 5 p.m. and Sunday, Nov. 11, from 11 a.m. to 4 p.m. at five stores and studios across Memphis. Each location will feature handmade items by local artists. Visit memphiscrafts.org. Saint Francis Hospital-Memphis will host a free seminar on MAKOplasty partial knee resurfacing Thursday, Nov. 15, at 6:30 p.m. at the hospital, 5959 Park Ave. Call 765-1849 to register. Rhodes College will present the musical “Into the Woods” Nov. 8 through 11 in the McCoy Theatre on campus, 2000 North Parkway. Visit rhodes.edu/mccoy for times and tickets. » the arts Germantown Community Theatre will present the regional premiere of “Twilight of the Gods” to Nov. 11 at the theater, 3037 Forest Hill-Irene Road. For more information, visit germantowncommunitytheatre.org or call 754-2680. Memphis Brooks Museum of Art and Decorative Arts Trust will host author and interior designer Jeffrey Bilhuber, presenting the Famous Designer Series 2012 lecture, Friday, Nov. 9, at 10:30 a.m. at the museum, 1934 Poplar Ave. A question-and-answer session will follow in the Brushmark Restaurant. Tickets are $45 for the lecture, or $85 for the lecture and lunch. Talk Shoppe will hold a panel titled “Memphis Real Estate: Where We Are & The Road Ahead” Wednesday, Nov. 14, from 9 a.m. to 10 a.m. at the Better Business Bureau, 3693 Tyndale Ave. Cost is free. Visit talkshoppe.biz. Sales and Marketing Society of the MidSouth will meet Wednesday, Nov. 14, from 11:30 a.m. to 1 p.m. at The Racquet Club of Memphis, 5111 Sanderlin Ave. Daren Howard, managing partner for Dale Carnegie Training Inc. franchise Howard, Mohorn & Associates LLC, will present “30 Ways to Outsell Your Competition.” Cost for nonmembers is $25 in advance and $30 at the door. Visit sms-midsouth.org. Visit decorativeartstrust.com. 2013 The Orpheum Theatre will host the Blue Man Group Tuesday, Nov. 13, through Nov. 18 at the theater, 203 S. Main St. Visit orpheummemphis.com or call 525-3000 for showtimes and tickets. SEMINAR SERIES Mark your calendar for a series of informational business seminars hosted by The Daily News and The Memphis News. FEBRUARY 28 WOMEN & BUSINESS APRIL 4 HEALTH CARE REFORM JUNE 6 MONEY & MARKETS: STATE OF THE ECONOMY AUGUST 8 HR RULES & LEGAL RAMIFICATIONS SEPTEMBER 19 HEALTH CARE: STATE OF THE INDUSTRY NOVEMBER 7 COMMERCIAL REAL ESTATE REVIEW AND FORECAST For information on the seminars or sponsorship opportunities, please contact Don Fancher at 901-528-5283 or [email protected]. www.thememphisnews.com www.thememphisnews.com 34 November 9-15, 2012 34 November 9 - 15, 2012 public public notices notices Foreclosure Notices Madison County NOTICE OF TRUSTEE’S SALE WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated February 1, 2002, and the Deed of Trust of even date securing the same, recorded February 11, 2002, at Book T1358, Page 263 in Office of the Register of Deeds for Madison County, Tennessee, executed by John Long and Penny Long, conveying certain property therein described to Mary Frances Rudy as Trustee for ABN AMRO Mortgage Group, Inc.; and the undersigned, 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 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 November 29, 2012 on or about 11:00 A.M., at the Madison County Courthouse, Jackson, 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 Madison County, Tennessee, and being more particularly described as follows: Being Lot Twenty (20) of Whispering Hills Subdivision, Section II, a plat of which appears of record in Plat Book 4, at page 339, in the Register’s Office of Madison County, Tennessee, reference to which plat is made for a more particular described of said lot showing it’s boundary lines, including memberships and/or ownerships of non-municipal water and/or sewer systems, if any. ALSO KNOWN AS: 117 Whispering Hills Drive, Jackson, Tennessee 38305-8760 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: John Long; Penny Long; BancorpSouth; Shoreline Funding LLC The sale held pursuant to this Notice may be rescinded at the Successor Trustee’s 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. 817-204902 DATED October 19, 2012 WILSON & ASSOCIATES, P.L.L.C., Successor Trustee FOR SALE INFORMATION, VISIT WWW. MYFIR.COM and WWW.REALTYTRAC. COM Oct. 26, Nov. 2, 9, 2012 Fhn11355 NOTICE OF TRUSTEE’S SALE WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated May 7, 1999, and the Deed of Trust of even date securing the same, recorded May 17, 1999, at Book T1188, Page 12 in Office of the Register of Deeds for Madison County, Tennessee, executed by Michael D. Jones, Jr. and Michael Jones, conveying certain property therein described to James B. Webb, Milan, TN 38358 as Trustee for Norwest Mortgage, Inc.; and the undersigned, 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 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 December 13, 2012 on or about 11:00 A.M., at the Madison County Courthouse, Jackson, 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 Madison County, Tennessee, and being more particularly described as follows: Beginning at an iron pin in the West margin of Carruthers Drive, said point being 102 feet North of the North margin of Scallions Drive; and runs thence North with the West margin of Carruthers Drive a distance of 60 feet to an iron pin; runs thence West with the South line of Lot Number 3 a distance of 150 feet to an iron pin; runs thence South a distance of 40 feet to an iron pin at the North corner of Lot 57 of Browns Heights Addition; runs thence South 63 degrees and 30 minutes East a distance of 44.8 feet to an iron pin in the Northwest corner of Lot Number 1 in said addition; runs thence East with the North line of Lot Number 1 a distance of 110 feet to the point of beginning and being known as and designated as Lot Number 2 of Browns Heights Addition as recorded in Plat Book Number 1, Page 199 in the Register’s Office of Madison County, Tennessee. ALSO KNOWN AS: 3 Carruthers Drive, Jackson, Tennessee 38301 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: Michael D. Jones Jr.; Victoria Yvette Jones a/k/a Victoria Yvette Harvey; Norwest Mortgage, Inc.; Michael Jones The sale held pursuant to this Notice may be rescinded at the Successor Trustee’s 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. 1286-54995 DATED October 22, 2012 WILSON & ASSOCIATES, P.L.L.C., Successor Trustee FOR SALE INFORMATION, VISIT WWW. MYFIR.COM and WWW.REALTYTRAC. COM Oct. 26, Nov. 2, 9, 2012 Fhn11356 NOTICE OF TRUSTEE’S SALE WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated August 2, 2005, and the Deed of Trust of even date securing the same, recorded August 5, 2005, at Book T1692, Page 898 in Office of the Register of Deeds for Madison County, Tennessee, executed by Corey C. How and Teresa A. Wheetley, conveying certain property therein described to Pentecost Gleen and Rudd as Trustee for Mortgage Electronic Registration Systems, Inc. acting solely as a nominee for Freemont Investment & Loan and Freemont Investment & Loan’s successors and assigns; and the undersigned, 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 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 November 29, 2012 on or about 11:00 A.M., at the Madison County Courthouse, Jackson, 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 Madison County, Tennessee, and being more particularly described as follows: Beginning at an iron pin on the West margin of Field Dale Drive (25 feet at right angles from centerline) at the Southeast corner of Lot 19; Section V, Dale Acres Subdivision as recorded in Plat Book 7, Page 114 in the Register’s Office of Madison County, Tennessee; thence with the West margin of Field Dale Drive South 3 degrees 39 minutes 39 seconds West a distance of 119 feet to an iron pin at the Northeast corner of Lot 33, Section 1 as recorded in Plat Book 4, Page 105 in said Register’s Office; thence with the North line of Lot 33 North 84 degrees 36 minutes West a distance of 170 feet to an iron pin on the East line of Lot 17; thence with the East line of Lot 17 and 18, Section V North 2 degrees 41 minutes 54 seconds East a distance of 119.05 feet to a concrete monument at the Southwest corner of Lot 19; thence with the South line of Lot 19 South 84 degrees 36 minutes 30 seconds East a distance of 172 feet to the point of beginning. Being Lot 35 section 1, Dale Acres Subdivision platted as aforesaid, as surveyed by David Ball Land Surveying Company, R.L.S. Number 943, on April 20, 1998. ALSO KNOWN AS: 31 Fielddale Drive, Jackson, Tennessee 38305 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: Corey C. How; Teresa A. Wheetley; HSBC Bank USA, National Association as Indenture Trustee for FBR Securitzation Trust 2005-3, Callable Mortgage-Backed Notes, 2005-3; America’s Servicing Co. The sale held pursuant to this Notice may be rescinded at the Successor Trustee’s 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. 1286-155145 DATED October 15, 2012 WILSON & ASSOCIATES, P.L.L.C., Successor Trustee FOR SALE INFORMATION, VISIT WWW. MYFIR.COM and WWW.REALTYTRAC. COM Oct. 26, Nov. 2, 9, 2012 Fhn11358 NOTICE OF TRUSTEE’S SALE WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated April 29, 2005, and the Deed of Trust of even date securing the same, recorded May 10, 2005, at Book T1670, Page 158 in Office of the Register of Deeds for Madison County, Tennessee, executed by Greg Hayes and Kimberly Hayes, conveying certain property therein described to Arnold M. Weiss, Esq., Shelby County as Trustee for Wells Fargo Bank N.A.; and the undersigned, 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 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 November 29, 2012 on or about 11:00 A.M., at the Madison County Courthouse, Jackson, Tennessee, offer for sale certain property here- inafter 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 Madison County, Tennessee, and being more particularly described as follows: Tract 1: Being Lot 211 Laurel Creek, Section II as shown on a plat in Plat Book 8, Page 109, in the Register’s Office of Madison County, Tennessee. Tract II: Being Lot No. 210, Section II, Laurel Creek Subdivision, a plat of which appears of record in Plat Book 8, Page 109, in the Register’s Office of Madison County, Tennessee, reference to which plat is made for a more particular description of said lot. Tract III: Being Lot No. 324, Section III, Laurel Creek Subdivision, a plat of which appears of record in Plat Book 8, Page 109, in the Register’s Office of Madison County, Tennessee, reference to which plat is made for a more particular description of said lot. ALSO KNOWN AS: 74 Laurel Creek Drive, Jackson, Tennessee 38305 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: Greg Hayes; Kimberly Hayes; Mortgage Electronic Registration Systems, Inc as nominee for Southstar Funding, LLC; First South Bank; Wells Fargo Home Mortgage a Division of Wells Fargo Bank NA; Southstar Funding, LLC; First South Bank; Wells Fargo Home Mortgage, a Division of Wells Fargo Bank, N.A. The sale held pursuant to this Notice may be rescinded at the Successor Trustee’s 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. 1286-154147 DATED October 18, 2012 WILSON & ASSOCIATES, P.L.L.C., Successor Trustee FOR SALE INFORMATION, VISIT WWW. MYFIR.COM and WWW.REALTYTRAC. COM Oct. 26, Nov. 2, 9, 2012 Fhn11357 NOTICE OF TRUSTEE’S SALE WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated March 31, 2004, and the Deed of Trust of even date securing the same, recorded April 1, 2004, at Book T1569, Page 326 in Office of the Register of Deeds for Madison County, Tennessee, executed by Ray T. Gonzales and Jamey Gonzales, conveying certain property therein described to Arnold M. Weiss, Esq., 208 Adams Avenue, Memphis, TN 38103 as Trustee for Wells Fargo Home Mortgage, Inc.; and the undersigned, 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 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 November 29, 2012 on or about 11:00 A.M., at the Madison County Courthouse, Jackson, 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 Madison County, Tennessee, and being more particularly described as follows: Beginning at an iron pin in the North margin of Arlington Street, 30 feet from the centerline of and being the Southwest corner of Lot 23 of Lindsey Place Subdivision, a plat of which appears of record in Plat Book 1, Page 49, in the Register’s Office of Madison County, Tennessee said iron pin being 100 feet West of the West margin of Campbell Street; runs thence with the North margin of Arlington Street, South 89 degrees 16 minutes 10 seconds West 50 feet to an iron pin being the Southeast corner of Lot 21 of the above described subdivision; runs thence with the East lien of Lot 21; due North 155 feet to an iron pin in the South margin of a 15 foot alley; runs thence with the South margin of said alley; North 89 degrees 16 minutes 10 seconds East 50 feet to a fence corner being the Northwest corner of Lot 23; runs thence with the West line of Lot 23, due South 155 feet to the point of beginning as surveyed by Surveying Services R.L.S. Number 1420 dated March 31, 1992, and being Lot 22 of the above described Lindsey Place Subdivision. ALSO KNOWN AS: 409 Arlington Avenue, Jackson, Tennessee 383014816 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: Ray T. Gonzales; Jamey Gonzales; C&R Investments, Inc; City of Jackson; Midland Funding NCC-2 Corp The sale held pursuant to this Notice may be rescinded at the Successor Trustee’s 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. 1286-180020 DATED October 22, 2012 WILSON & ASSOCIATES, P.L.L.C., Successor Trustee FOR SALE INFORMATION, VISIT WWW. MYFIR.COM and WWW.REALTYTRAC. COM Oct. 26, Nov. 2, 9, 2012 Fhn11359 NOTICE OF TRUSTEE’S SALE WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated August 14, 2007, and the Deed of Trust of even date securing the same, recorded August 15, 2007, at Book T1808, Page 1692 in Office of the Register of Deeds for Madison County, Tennessee, executed by Olin Ellsworth, conveying certain property therein described to Arnold M. Weiss, Esq. as Trustee for Wells Fargo Bank, N.A.; and the undersigned, 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 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 November 29, 2012 on or about 11:00 A.M., at the Madison County Courthouse, Jackson, 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 Madison County, Tennessee, and being more particularly described as follows: Beginning on a point in the South margin of Ashport Road, which point is the Northeast corner of Drake and the Northwest corner of the herein described tract; thence from the point of beginning, and with the South line of Ashport Road, North 88 degrees www.thememphisnews.com www.thememphisnews.com November99-15, 2012 35 November - 15, 2012 35 public public notices notices 00 minutes 00 seconds East 186.00 feet to the Northwest corner of Pace; thence with the West line of Michael Pace, then J. C. Pace, South 291.00 feet to the Northeast corner of Drake; thence with Drake the following calls: South 88 degrees 00 minutes 00 seconds West 212.80 feet; North 05 degrees 14 minutes 31 seconds East 293.16 feet to the point of beginning, containing 1.33 acres. ALSO KNOWN AS: 170 Ashport Road, Humboldt, Tennessee 38343-8100 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: Olin Ellsworth; First Tennessee Bank National Association The sale held pursuant to this Notice may be rescinded at the Successor Trustee’s 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. 1286-213376 DATED October 17, 2012 WILSON & ASSOCIATES, P.L.L.C., Successor Trustee FOR SALE INFORMATION, VISIT WWW. MYFIR.COM and WWW.REALTYTRAC. COM Oct. 26, Nov. 2, 9, 2012 Fhn11360 NOTICE OF TRUSTEE’S SALE WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated February 28, 2006, and the Deed of Trust of even date securing the same, recorded March 8, 2006, at Book T1742, Page 759 in Office of the Register of Deeds for Madison County, Tennessee, executed by Wendy Bishop, Lee Bishop and Wendy Bishop, conveying certain property therein described to First Title Corporation as Trustee for Mortgage Electronic Registration Systems, Inc., a separate corporation that is acting solely as a nominee for BNC Mortgage, Inc., A Delaware Corporation and BNC Mortgage, Inc, A Delaware Corporation’s successors and assigns; and the undersigned, 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 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 November 29, 2012 on or about 11:00 A.M., at the Madison County Courthouse, Jackson, 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 Madison County, Tennessee, and being more particularly described as follows: Beginning at an iron pin on the South margin of Holiday Drive (35 feet at right angles from centerline) at the Northwest corner of Lot 85, Section A, Holiday Gardens Subdivision, as recorded in Plat Book 1, Page 262, in the Register’s Office of Madison County, Tennessee; thence with the West line of Lot 85 South 0 degrees 09 minutes West, a distance of 130 feet to a post on the North line of Lot 84; thence with the North line of Lots 84 and 80 West a distance of 100 feet to an iron pin at the Southeast corner of Lot 81; thence with the East line of Lot 81 North 0 degrees 09 minutes East a distance of 130 feet to a post on the South margin of Holiday Drive; thence with the South margin of Holiday Drive East a distance of 100 feet to the point of beginning. Being Lot 83, Section A, Holiday Gardens Subdivision, platted as aforesaid. ALSO KNOWN AS: 98 Holiday Drive, Jackson, Tennessee 38305 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: Wendy Bishop; Lee Bishop; JLN Services, LLC; The City of Jackson; Wendy Bishop The sale held pursuant to this Notice may be rescinded at the Successor Trustee’s 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. 725-202960 DATED October 29, 2012 WILSON & ASSOCIATES, P.L.L.C., Successor Trustee FOR SALE INFORMATION, VISIT WWW. MYFIR.COM and WWW.REALTYTRAC. COM Nov. 2, 9, 16, 2012 Fhn11371 NOTICE OF TRUSTEE’S SALE WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated March 11, 2010, and the Deed of Trust of even date securing the same, recorded March 19, 2010, at Book T1878, Page 681 in Office of the Register of Deeds for Madison County, Tennessee, executed by Eugene D. Williams, conveying certain property therein described to Carter, Stanfill, & Assoc., PLLC as Trustee for Mortgage Electronic Registration Systems, Inc., as nominee for American Financial Resources, Inc., a New Jersey Corporation, its successors and assigns; and the undersigned, 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 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 November 29, 2012 on or about 11:00 A.M., at the Madison County Courthouse, Jackson, 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 Madison County, Tennessee, and being more particularly described as follows: Lot Number 83 in Section V of Skyview Estates, a plat of which appears of record in Plat Book 3, Page 47, in the Register’s Office of Madison County, Tennessee. ALSO KNOWN AS: 165 Sunvalley Drive, Jackson, Tennessee 38305 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: Eugene D. Williams The sale held pursuant to this Notice may be rescinded at the Successor Trustee’s 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. 931-228375 DATED October 26, 2012 WILSON & ASSOCIATES, P.L.L.C., Successor Trustee FOR SALE INFORMATION, VISIT WWW. MYFIR.COM and WWW.REALTYTRAC. COM Nov. 2, 9, 16, 2012 Fhn11372 NOTICE OF FORECLOSURE SALE MADISON COUNTY, STATE OF TENNESSEE THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Default has been made in the terms, conditions and payments provided for in that certain Deed of Trust dated February 2, 2006, of record in Deed Book / Page Number T1737 / 387, Instrument 06002532, Register’s Office for Madison County, Tennessee, from Larry Anderson (Borrower) to J. PHILLIP JONES (Trustee) for the benefit of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR NOVASTAR MORTGAGE, INC. (Lender), securing the Note/indebtedness therein described, the entire Note/indebtedness having been declared in default and immediately due and payable by the lawful owner and holder thereof. THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS SUCCESSOR TRUSTEE FOR JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2006-1 NOVASTAR HOME EQUITY LOAN ASSET-BACKED CERIFICATES, SERIES 2006-1 (Holder), now being the present owner/holder of said indebtedness, has now requested that foreclosure proceedings be instituted, and said Holder has appointed the firm listed below as Successor Trustee under said Deed of Trust, by an instrument duly recorded in the aforesaid records, to serve in the place and stead of the aforementioned Trustee. Notice of the Right to Foreclose was sent to the Borrower by letter dated August 21, 2012. NOW, THEREFORE, said Successor Trustee, or agent thereof, pursuant to said Deed of Trust, having been requested by the Holder so to do, and by virtue of the authority and power vested in said Successor Trustee by said Deed of Trust, will on December 4, 2012 at 1:00 p.m., at the usual and customary location at the Madison County, Tennessee, Courthouse, sell at public outcry to the highest bidder for cash (or credit upon the indebtedness secured if the lawful owner and holder thereof is the successful purchaser), the followingdescribed property: SITUATED IN THE 5TH CIVIL DISTRICT OF MADISON COUNTY, TENNESSEE, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A STAKE IN THE SOUTHERLY MARGIN OF LANWAY COVE AT THE NORTHEAST CORNER OF LOT NO.50 IN SECTION IV OF LANDMARK ESTATES, A PLAT OF WHICH APPEARS OF RECORD IN PLAT BOOK 3, PAGE 98, REGISTER’S OFFICE OF MADISON COUNTY, TENNESSEE; RUNS THENCE SOUTH 40 DEG. 14.9 MIN. WEST WITH THE EASTERLY MARGIN OF SAID LOT NO. 50 A DISTANCE OF 183.9 FEET, MORE OR LESS, TO A STAKE; THENCE SOUTH 24 DEG. 13.5 MIN. EAST A DISTANCE OF 110 FEET TO A CONCRETE CORNER MARKER, THENCE NORTH 37 DEG. 47 MIN. EAST, WITH THE WESTERLY LINE OF SAID LOT NO. 52 A DISTANCE OF 243.1 FEET TO A STAKE IN THE SOUTHERLY MARGIN OF LANWAY COVE; THENCE IN A NORTHWESTERLY DIRECTION WITH THE SOUTHERLY MARGIN OF LANWAY COVE AND FOLLOWING THE CURVE THEREOF A DISTANCE OF 90 FEET TO THE POINT OF BEGINNING. BEING LOT NO. 51 IN SECTION IV OF LANDMARK ESTATES, PLATTED AS AFORESAID. BEING THE SAME PROPERTY CONVEYED TO LARRY ANDERSON, BY WARRANTY DEED FROM W. DALE WOOD AND WIFE, ETHEL IRENE WOOD, DATED 9-20-95 AND RECORDED 10-2-95 IN BOOK 556, PAGE 683, REGISTER’S OFFICE FOR MADISON COUNTY, TENNESSEE. SUBJECT TO ALL MATTERS SHOWN ON PLAT OF RECORD IN PLAT BOOK 3, PAGE 98, REGISTER’S OFFICE FOR MADISON COUNTY, TENNESSEE. TAX ID: 055I-B-018.00 For informational purposes only, this property is commonly known as 15 Lanway Cove, Jackson, TN 38305, Parcel ID 055I B 01800 000359. The property shall be free from all right and equity of redemption, statutory or otherwise, homestead, dower, curtesy, elective share, and all other exemptions that are expressly waived in said Deed of Trust, and the title is believed to be good, but the Successor Trustee will sell and convey only as Successor Trustee, “as is” and “where is” and without covenants of seizin or warranties of title. Listing of Subordinate Lien holders: Discover Bank C/O Nicholas H. Adler Zwicker & Associates P.C. 5409 Maryland Way, Suite 333 Brentwood, TN 37027 Listing of Other Interested Parties: N/A This sale is subject to liens; easements; encumbrances; property taxes; rights of redemption of taxing entities; all matters shown on any recorded plan(s) or plat(s); 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; any matter that an accurate survey of the premises might disclose; and other matters which are prior in right to the lien of the aforesaid Deed of Trust. If a high bidder fails to close a sale, the Successor Trustee shall have the option of making the sale to the next highest bidder. The sale held pursuant to this Notice may be rescinded at the Successor Trustee’s option at any time. The right is reserved to adjourn the sale to another day, time and/or place certain without further publication, upon announcement at the time and place for the sale set forth above, or at any date and time fixed by a preceding postponement. Alternatively, at its option, Successor Trustee may give a new notice of sale. Weissman Nowack Curry & Wilco, PC One Alliance Center, 4th Floor 3500 Lenox Road Atlanta, GA 30326 (866) 960-8298 File #: 014719 Nov. 9, 16, 23, 2012 Fhn11375 NOTICE OF FORECLOSURE SALE MADISON COUNTY, STATE OF TENNESSEE THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Default has been made in the terms, conditions and payments provided for in that certain Deed of Trust dated February 06, 2007, of record in Deed Book/Page Number T1789 / 340, Instrument 07002392, Register’s Office for Madison County, Tennessee, from Trevis Thompson and Robbie Thompson (Borrower) to NLC, INC. (Trustee) for the benefit of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR FIRST NLC FINANCIAL SERVICES, LLC (Lender), securing the Related Info Also read our daily edition, The Daily News, in print or online every business day for public notices for Memphis & Shelby County. Go to www.memphisdailynews.com or call 683.NEWS for more information. Note/indebtedness therein described, the entire Note/indebtedness having been declared in default and immediately due and payable by the lawful owner and holder thereof. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY STRUCTURED TRUST I 2007-1 ASSET-BACKED CERTIFICATES, 2007-1 (Holder), now being the present owner/ holder of said indebtedness, has now requested that foreclosure proceedings be instituted, and said Holder has appointed the firm listed below as Successor Trustee under said Deed of Trust, by an instrument duly recorded in the aforesaid records, to serve in the place and stead of the aforementioned Trustee. Notice of the Right to Foreclose was sent to the Borrower by letter dated May 30, 2012. NOW, THEREFORE, said Successor Trustee, or agent thereof, pursuant to said Deed of Trust, having been requested by the Holder so to do, and by virtue of the authority and power vested in said Successor Trustee by said Deed of Trust, will on December 04, 2012 at 1:00 p.m., at the usual and customary location at the Madison County, Tennessee, Courthouse, sell at public outcry to the highest bidder for cash (or credit upon the indebtedness secured if the lawful owner and holder thereof is the successful purchaser), the following-described property: BEGINNING AT AN IRON PIN ON THE WEST MARGIN OF BUTTONWOOD DRIVE (25 FEET AT RIGHT ANGLES FROM CENTERLINE) AT THE SOUTHEAST CORNER OF LOT 413, SECTION IV, SYCAMORE BEND SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 181, IN THE REGISTER’S OFFICE OF MADISON COUNTY, TENNESSEE; THENCE WITH THE WEST MARGIN OF BUTTONWOOD DRIVE SOUTH A DISTANCE OF 90 FEET TO A POINT IN A CULVERT AT THE NORTHEAST CORNER OF LOT 411; THENCE WITH THE NORTH LINE OF LOT 411 WEST A DISTANCE OF 190 FEET TO AN IRON PIN AT THE SOUTHEAST CORNER OF SECTION II; THENCE WITH THE EAST LINE OF SECTION II NORTH A DISTANCE OF 90 FEET TO AN IRON PIN AT THE SOUTHWEST CORNER OF LOT 413; THENCE WITH THE SOUTH LINE OF LOT 413 EAST A DISTANCE OF 190 FEET TO THE POINT OF BEGINNING. BEING LOT 412, SECTION IV, SYCAMORE BEND SUBDIVISION, PLATTED AS AFORESAID, AS SURVEYED BY DAVID HALL LAND SURVEYING COMPANY ON JUNE 13, 1991. (LEGAL DESCRIPTION TAKEN FROM PRIOR DEED.) BEING THE SAME REAL ESTATE CONVEYED TO TREVIS THOMPSON AND WIFE, ROBBIE THOMPSON, BY DEED OF RECORD IN DEED BOOK 685, PAGE 1946, IN THE REGISTER’S OFFICE FOR MADISON COUNTY, TENNESSEE. Continued on page 36 Thoughtful Interesting Concise blog.memphisdailynews.com www.thememphisnews.com www.thememphisnews.com 36 November 9-15, 2012 36 November 9 - 15, 2012 public notices public notices Foreclosure Notices Continued from page 35 For informational purposes only, this property is commonly known as 312 Buttonwood Drive, Jackson, TN 38305, Parcel ID 043C C 01200 000000. The property shall be free from all right and equity of redemption, statutory or otherwise, homestead, dower, courtesy, elective share, and all other exemptions that are expressly waived in said Deed of Trust, and the title is believed to be good, but the Successor Trustee will sell and convey only as Successor Trustee, “as is” and “where is” and without covenants of seizing or warranties of title. Listing of Subordinate Lienholders: Joel Juta Chow and wife, Julie Amelia Chow Listing of Other Interested Parties: N/A This sale is subject to liens; easements; encumbrances; property taxes; rights of redemption of taxing entities; all matters shown on any recorded plan(s) or plat(s); 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; any matter that an accurate survey of the premises might disclose; and other matters which are prior in right to the lien of the aforesaid Deed of Trust. If a high bidder fails to close a sale, the Successor Trustee shall have the option of making the sale to the next highest bidder. The sale held pursuant to this Notice may be rescinded at the Successor Trustee’s option at any time. The right is reserved to adjourn the sale to another day, time and/or place certain without further publication, upon announcement at the time and place for the sale set forth above, or at any date and time fixed by a preceding postponement. Alternatively, at its option, Successor Trustee may give a new notice of sale. Weissman Nowack Curry & Wilco, PC One Alliance Center, 4th Floor 3500 Lenox Road Atlanta, GA 30326 (866) 960-8298 File #: 013535 Nov. 9, 16, 23, 2012 Fhn11376 NOTICE OF TRUSTEE’S SALE WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated October 9, 2007, and the Deed of Trust of even date securing the same, recorded October 11, 2007, at Book T1814, Page 88 in Office of the Register of Deeds for Madison County, Tennessee, executed by Otha L. Joy, conveying certain property therein described to Atty. Arnold M. Weiss, a Resident of Shelby County, as Trustee for Mortgage Electronic Registration Systems, Inc., as nominee for Homecomings Financial, LLC (F/K/A Homecomings Financial Network, Inc.) and Homecomings Financial, LLC (F/K/A Homecomings Financial Network, Inc.)’s successors and assigns; and the undersigned, 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 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 December 6, 2012 on or about 11:00 A.M., at the Madison County Courthouse, Jackson, 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 Madison County, Tennessee, and being more particularly described as follows: Beginning at an existing iron pin in the North margin of Aztec Drive, said point being the Southeast corner of Lot Number 4 in Section III of Windy Acres Subdivision, a plat of which appears of record in Plat Book 3, at Page 291, in the Register’s Office of Madison County, Tennessee, and runs thence North 86 degrees 41.3 minutes East, with the North margin of Aztec Drive, 100 feet to an existing iron pin; thence North 03 degrees 05.9 minutes West 180.43 feet to a point; thence South 89 degrees 54.1 minutes West 55 feet to an existing concrete monument: thence South 76 degrees 51.4 minutes West 45.75 feet to the Northeast comer of Lot Number 4; thence South 03 degrees 06.9 minutes East, with the East line of Lot Number 4, 172.82 feet to the point of beginning. Being Lot Number 3 in Section III of Windy Acres Subdivision. ALSO KNOWN AS: 83 Aztec Drive, Jackson, Tennessee 38305 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: Otha L. Joy; Unknown Heirs of Glenora Harber; Glenora Harber The sale held pursuant to this Notice may be rescinded at the Successor Trustee’s 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. 902-227949 DATED November 6, 2012 WILSON & ASSOCIATES, P.L.L.C., Successor Trustee FOR SALE INFORMATION, VISIT WWW. MYFIR.COM and WWW.REALTYTRAC. COM Nov. 9, 16, 23, 2012 Fhn11377 NOTICE OF TRUSTEE’S SALE WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated April 27, 2007, and the Deed of Trust of even date securing the same, recorded May 10, 2007, at Book T1798, Page 703 in Office of the Register of Deeds for Madison County, Tennessee, executed by Jacqueline Cobbins and Vernon Cobbins, conveying certain property therein described to Mark A. Rosser, Esq., c/o First American as Trustee for Mortgage Electronic Registration Systems, Inc., as nominee for Lehman Brothers Bank, FSB, a Federal Savings Bank, its successors and assigns; and the undersigned, 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 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 December 6, 2012 on or about 11:00 A.M., at the Madison County Courthouse, Jackson, 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 Madison County, Tennessee, and being more particularly described as follows: The following described lot or parcel of real estate lying and being in Madison County, Tennessee, and more particularly described as follows: Beginning at an iron pin set in the North margin of Browns Church Road, which point is the Southwest corner of Garry Harvey and is the Southeast corner of the herein described tract; Thence from the point of beginning and with the North margin of Browns Church Road, South 53 degrees 36 minutes 37 seconds West 306.55 feet to the North margin of Browns Church Road; Thence, following a curve having a radius of 25.00 feet for a distance of 39.27 feet to the East margin of Austin Cove; Thence, with the East margin of Austin Cove, North 36 degrees 23 minutes 23 seconds West 116.38 feet to the Southwest corner of Lot 16; Thence, with the South line of Lot 16, North 53 degrees 36 minutes 37 seconds East 332.45 feet to the West line of Harvey; Thence, with the West line of Harvey, South 36 degrees 01 minutes 29 seconds East 141.38 feet to the point of beginning. Being Lot 17, Dowdy Estates Subdivision, in Plat Book 6, Page 172, in the Register’s Office of Madison County, Tennessee, as surveyed by Reasons Engineering and Associates, Inc.; Registered Land Surveyor Number 508. ALSO KNOWN AS: 10 Austin Cove, Jackson, Tennessee 38305 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: Jacqueline Cobbins; Vernon Cobbins; Jackson Energy Authority The sale held pursuant to this Notice may be rescinded at the Successor Trustee’s 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. 931-228765 DATED November 5, 2012 WILSON & ASSOCIATES, P.L.L.C., Successor Trustee FOR SALE INFORMATION, VISIT WWW. MYFIR.COM and WWW.REALTYTRAC. COM Nov. 9, 16, 23, 2012 Fhn11378 NOTICE OF SUBSTITUTE TRUSTEE’S SALE WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of Trust dated January 26, 2006, executed by LEE BISHOP AND WIFE, WENDY BISHOP, conveying certain real property therein described to TEEL MCCORMACK AND MARONEY PLC as same appears of record in the Register’s Office of Madison County, on January 30, 2006, as Instrument No. 06001653, in Book T1734, at Page 48; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE HOLDERS OF THE FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF5, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-FF5, who is now the owner of said debt; and WHEREAS, Notice of the Right to Foreclose (“Notice”) was given in compliance with Tennessee law by the mailing a copy of the Notice to the parties at least sixty (60) days prior to the first publication of the Substitute Trustee’s Sale. WHEREAS, the undersigned, RECONTRUST COMPANY, N.A., having been appointed by as Substitute Trustee by instrument filed for record in the Register’s Office of Madison County, Tennessee NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable, and that the undersigned, RECONTRUST COMPANY, N.A., as Substitute Trustee or its duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee will, on December 3, 2012, 10:00 AM at the Madison County courthouse door where the foreclosure sales are customarily held At the Madison County Courthouse, Jackson, TN, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Madison County, Tennessee, to wit: BEGINNING AT A POINT ON THE WEST MARGIN OF LIDDON STREET 680.6 FEET MORE OR LESS NORTH OF THE NORTH MARGIN OF CHESTER STREET AT THE SOUTHEAST CORNER OF THE EDITH LIDDON SUBDIVISION THENCE WITH THE WEST MARGIN OF LIDDON STREET NORTH 50 FEET TO A POINT; THENCE WEST 150 FEET THENCE SOUTH 50 FEET; THENCE EAST 150 FEET TO THE POINT OF BEGINNING. PARCEL # 78M-G-19.01 PROPERTY ADDRESS: The street address of the property is believed to be 55 LIDDON ST, JACKSON, TN 38301. In the event of any discrepancy between this street address and the legal description of the property, the legal description shall control. CURRENT OWNER(S): WENDY BISHOP, AKA WENDY N. BISHOP, AKA WENDY NEWMAN BISHOP OTHER INTERESTED PARTIES: 1). MERIT MANAGEMENT, LLC, 2), THE CITY OF JACKSON, HOUSING CODES 3). LEE BISHOP The sale of the abovedescribed property shall be subject to all matters shown on any recorded plat; any unpaid taxes; any restrictive covenants, easements or set-back lines that may be applicable; 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. This property is being sold with the express reservation that it is subject to confirmation by the lender or Substitute Trustee. This sale may be rescinded 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. All right and equity of redemption, statutory or otherwise, homestead, and dower 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 Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular use or purpose. RECONTRUST COMPANY, N.A. IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. RECONTRUST COMPANY, N.A., Substitute Trustee 2380 Performance Dr, TX2-984-0407 Richardson, TX 75082 Tel: (800) 2818219 Fax: (866) 681-5002 Registered Agent: CT Corporation System 800 South Gay Street, Suite 2021 Knoxville, TN 37929 Tel: (865) 342-3522 TS#:100168306 FEI#1006.170660 Nov. 10, 17, 24, 2012 Fhn11379 Foreclosure Notices Tipton County NOTICE OF FORECLOSURE SALE TIPTON COUNTY, STATE OF TENNESSEE THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Default has been made in the terms, conditions and payments provided for in that certain Deed of Trust dated March 01, 2005, of record in Deed Book/Page Number 1192/687, Instrument 69525, Register’s Office for Tipton County, Tennessee, from Van Jones and Julia Jones (Borrower) to ARNOLD M. WEISS (Trustee) for the benefit of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR FIDELITY MORTGAGE, INC. (Lender), securing the Note/ indebtedness therein described, the entire Note/indebtedness having been declared in default and immediately due and payable by the lawful owner and holder thereof. HSBC BANK USA, N.A., AS INDENTURE TRUSTEE FOR THE REGISTERED HOLDERS OF THE RENAISSANCE HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2005-1 (Holder), now being the present owner/holder of said indebtedness, has now requested that foreclosure proceedings be instituted, and said Holder has appointed the firm listed below as Successor Trustee under said Deed of Trust, by an instrument duly recorded in the aforesaid records, to serve in the place and stead of the aforementioned Trustee. Notice of the Right to Foreclose was sent to the Borrower by letter dated August 17, 2012. NOW, THEREFORE, said Successor Trustee, or agent thereof, pursuant to said Deed of Trust, having been requested by the Holder so to do, and by virtue of the authority and power vested in said Successor Trustee by said Deed of Trust, will on December 04, 2012 at 1:00 p.m., at the usual and customary location at the Tipton County, Tennessee, Courthouse, sell at public outcry to the highest bidder for cash (or credit upon the indebtedness secured if the lawful owner and holder thereof is the successful purchaser), the followingdescribed property: LOT 1, GILTEDGE ESTATES SUBDIVISION, AS SHOWN ON PLAT OF RECORD IN PLAT CABINET F, SLIDE 1, IN THE REGISTER’S OFFICE OF TIPTON COUNTY, TENNESSEE, TO WHICH PLAT REFERENCE IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION OF SAID LOT. THIS CONVEYANCE IS MADE SUBJECT TO THE SUBDIVISION RESTRICTIONS, BUILDING SETBACK LINES AND EASEMENTS OF RECORD IN PLAT CABINET F, SLIDE 1, BOOK 869, PAGE 438 AND DEED RESTRICTIONS OF RECORD AT BOOK 1010, PAGE 891, OF THE AFORESAID REGISTER'S OFFICE. BEING THE SAME PROPERTY CONVEYED TO VAN JONES AND WIFE, JULIA JONES, BY DEED DATED DECEMBER 27, 2002, FROM JACK S. HALL JR. AND WIFE, MARY HALL, OF RECORD IN BOOK 1041, PAGE 481, OFFICE OF THE TIPTON COUNTY COURT CLERK. PARCEL NO: 0290.A-001.00 COMMONLY KNOWN AS: 4652 JAMESTOWN RD., BURLISON, TN 38015 For informational purposes only, this property is commonly known as 4652 Jamestown Road, Burlison, TN 38015, Parcel ID 029O A 00100 000000. The property shall be free from all right and equity of redemption, statutory or otherwise, homestead, dower, courtesy, elective share, and all other exemptions that are expressly waived in said Deed of Trust, and the title is believed to be good, but the Successor Trustee will sell and convey only as Successor Trustee, “as is” and “where is” and without covenants of seizing or warranties of title. Listing of Subordinate Lienholders: N/A Listing of Other Interested Parties: N/A This sale is subject to liens; easements; encumbrances; property taxes; rights of redemption of taxing entities; all matters shown on any recorded plan(s) or plat(s); 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; any matter that an accurate survey of the premises might disclose; and other matters which are prior in right to the lien of the aforesaid Deed of Trust. If a high bidder fails to close a sale, the Successor Trustee shall have the option of making the sale to the next highest bidder. The sale held pursuant to this Notice may be rescinded at the Successor Trustee’s option at any time. The right is reserved to adjourn the sale to another day, time and/or place certain without further publication, upon announcement at the time and place for the sale set forth above, or at any date and time fixed by a preceding postponement. Alternatively, at its option, Successor Trustee may give a new notice of sale. Weissman Nowack Curry & Wilco, PC One Alliance Center, 4th Floor 3500 Lenox Road Atlanta, GA 30326 (866) 960-8298 File #: 014766 Nov. 9, 16, 23, 2012 Fhn11374 www.thememphisnews.com November 9-15, 2012 37 public notices Customized Lists at Your Fingertips! Create your own personalized set of Marketing Leads with The Daily News Online Custom List Builder tool! ONLINE SERVICES Would you like to market your services to New Homeowners in specific areas? Or see a list of recently Foreclosed Properties in Shelby County? With the Custom List Builder Tool you can build custom lists of new homeowners, mortgages, building permits, new utility connections, business licenses, marriage licenses and more! Purchase marketing leads for as low as 15¢ per record! We can also customize your lists for you based on your target audience! Start building your lists today! Simply select your list type and narrow down the results using your own unique criteria. Choose from: • New Home Owners (Property Sales) • Marriage Licenses • Mortgages • Mortgage Releases • Bankruptcy Filings • Divorce Filings • New Utility Connections • Foreclosure Notices • Foreclosed Properties • Building Permits • And More! Contact Wendy Greenlaw at 901.528.5273 or [email protected] for a quote or to learn more! www.thememphisnews.com 38 November 9-15, 2012 opinion 2013 is the Right Year For Election Reform S helby County needs a change in those running the election machinery. The time for a change will never be better because 2013 is supposed to be an off-election year. It is also the year before the “big ballot” – the once-every-eight-year ballot that includes judicial races and those for other offices that have an eight year term of office. It is the longest ballot in terms of races and candidates of any election cycle in Shelby County. Imagine the completely avoidable problems that plagued the August elections with that ballot and it is much easier to understand how crucial it is that the ongoing election syndrome present at the Shelby County Election Commission comes to an end. State law in Tennessee may say that an election challenge is only valid if there are enough disputed votes to change the outcome of the race. But the standard is much higher if not as enforceable when it comes to voter confidence. And if partisans on both sides could stop trying to exploit these problems and point them like daggers at those on the other side for imagined political advantage, we could begin to repair the tattered fabric of voter confidence in this county. If that sounds like a parallel to national calls for warriors of both parties to put aside partisan differences to work toward solutions, we won’t complain. Nationally as well as locally we can- not afford the luxury of political professionals using real issues and problems as a storyline for their version of professional wrestling. There is no mandate and, more importantly, no change when continuing the storyline with the same cast is the real goal. What hasn’t changed is the attitude that is at the heart of a cumulative problem of attitude and philosophy. When problems cropped up in Millington toward the end of the early voting period, the response from election officials was that this didn’t affect a lot of voters. In August the response was that the problems would be straightened out before election day. The standard for winning back the confidence of voters in Shelby County is an accountable, responsible process for every voter – not most, not virtually all – every voter. We also suggest a working single source of election returns on a website whose goal is not to hide vital and basic information. And the release of those election returns starting with the early vote as soon as the last voter has voted – not after that voter has had a bite to eat, watched a bit of television and gone to bed for the night. And let’s try to get the precincts to some kind of ballpark average in terms of the number of voters in each one. The uneven size and political peculiarities created some of the redistricting problems that were responsible for the August election problems – along with a healthy dose of ineptness. Host a Beneficial Watch Party These watch parties are perfect for Last week we shared the football and basketball games, any type exciting news that “Memphis Rocks” of television show or awards show, or is now a category at the 14th annual even a movie night at your house. You Memphis International Film & Music can also apply this same concept to a Festival, taking place April 25-28, 2013. birthday party, backyard cookout, or This gives us a catch-all category and swim party, once the weather platform to share our heats back up. The exciting perspectives on what thing is that a “beneficial makes Memphis great and watch party” works well with to showcase the amazing everyone at all ages. I have work you, your company, heard great success stories nonprofit, or school are with families and college doing in the community. students equally raising This week, with football Jeremy Park hundreds and even thousands season in high gear and giving back of dollars by hosting these basketball season tiptypes of events. In fact, one friend who ping off, let us revisit one of the original has been hosting these over the last thoughts that kicked off this “Giving two years throughout the entire football Back” column more than two years ago: season has already been able to raise the power of hosting a “beneficial watch and contribute over $10,000! party.” Just as important, know that you are The “beneficial watch party” is a also helping to raise general awaretime-tested favorite when it comes to ness for the organization. Having some weaving giving back into your everyday literature on hand, directing your family life. Every weekend now presents a and friends to a website, and personprime opportunity to have fun watchally sharing your story or testimonial on ing your favorite games while easily and effectively raising money and awareness why you selected the nonprofit will open great doors of possibilities for the fufor a nonprofit you support. The plan ture. The other key is that you are acting is simple: host a watch party at your house and invite your family and friends, as a role model and encouraging others to do something similar where they can telling them in advance that the event weave giving back into their normal day will benefit your selected nonprofit. As and life. host, you provide the normal food and So, as you start planning ahead for drinks, but ask attendees to consider this weekend or next, consider helping donating what they would typically others by hosting your own “beneficial spend on lunch or dinner to the nonwatch party.” profit. You will be pleasantly surprised Jeremy Park, director of the Lipscomb how much money one of these events Pitts Breakfast Club, can be reached at can raise. It will also warm your heart [email protected] and followed knowing that whether your team wins on Twitter (@lpbreakfastclub) and Faceor loses, your event is a true victory in book (facebook.com/lpbreakfastclub). blessing others. Boy Scouts Must Honor Own Motto: Be Prepared PROTECT THE SCOUTS, NOT THE institution. Scouts are at risk, not just from the sick, twisted creatures who would prey on them – documented in print, on air and online – but from adults who have twisted the truth and continue to excuse the inexcusable if not in fact, in effect. Allowing even one of these monsters a pass, not turning them over to the police, is a monstrous crime in and of itself. And the monster grows even larger, even more dangerous with every revelation of omission and every buried file. The Boy Scouts of America is an institution. The boy scouts of America are boys. Therein lies the difference. Institutions tend to be large, bureaucratic, slow, secretive, regimented things, defensive of the status quo to the point of combative, fearful of change to the point of destructive. Boys aren’t. When the interests of the institu- MEMPHASIS dan conaway tion and the protection of its image are deemed more important than the interests and protection of children, then the institution is becoming hollow at the core, empty of purpose. Penn State University can teach the Boy Scouts a lesson here; the Roman Catholic Church can lead them in prayer in this regard. In sanctimonious discrimination against gays, in violation of the BSA’s special federal charter, the institution publicly addresses a non-threat while real pedophiles caught roaming their campsites are kept private. Gays are no more threatening in the ranks of scouting than they are in the military, no more likely as adults to attack little boys than straight men are to attack little girls. The Boy Scouts are getting lost in the dark woods of denial. It’s time for boy scouts to lead them out. In my own years as a scout, a scout parent and a scoutmaster, I never saw, suspected or heard of any of the predatory acts we’ve been hearing about. I did see countless examples of boys learning to become men, of shy and clumsy uncertainty turning into selfassured, self-reliant leadership. I saw them conquer roaring rivers and sheer cliffs and their own fears, walk through mountain meadows and sleep that night on snow-covered summits knowing they can go as high as they want. I saw boys left to their own devices, left to rely on each other and their wits, do things they never thought they could do, build things together they could never build alone. I also saw way too many adults way too far into their patches and pins, belts and buckles, jackets and jargon. I saw way too many men claiming leadership for leadership’s sake, looking for their own recognition and acceptance at the expense of the boys they’re supposed to mentor – patch-covered metaphors for what the institution is becoming. While I don’t defend for a second the institution, I do defend scouting, I fear for its loss, and I beg the Boy Scouts of America to come back to boy scouts, to return to base camp. I’m a Memphian, and my son and I are Eagle Scouts. And we’re better for it. Dan Conaway is a lifelong Memphian, longtime adman and aspiring local character in a city known for them. Reach him at dan@wakesomebodyup. com. www.thememphisnews.com November 9-15, 2012 39 FLIP CLICK (Includes Print Edition) PRINT SUBSCRIPTION ONLINE SUBSCRIPTION With the flip of each page of The Daily News, readers gain insight into local business developments with relevant articles, real estate analysis, legal news and more than 500 leads daily. With a click of a mouse, access more than 11 million records, such as recent business openings and newcomers, home history reports, real estate transactions, court filings and much more. FOR THE BEST OF BOTH WORLDS www.memphisdailynews.com Access up-to-the-minute developments and receive the print and online package value.