CapitalPress.com
Friday, June 25, 2021
In re
Chapter 11
EASTERDAY RANCHES, INC., et al.
Lead Case No. 21-00141-11
Jointly Administered
Debtors. 1
NOTICE OF SALE OF PROPERTY BY AUCTION,
SALE OBJECTION DEADLINE, AND SALE HEARING
NOTICE TO CREDITORS OF EASTERDAY RANCHES, INC. (“RANCHES”); EASTERDAY FARMS (“FARMS”); CODY EASTERDAY
AND DEBBY EASTERDAY, HUSBAND AND WIFE, KAREN EASTERDAY, IN HER INDIVIDUAL CAPACITY AND AS THE PERSONAL
REPRESENTATIVE OF THE ESTATE OF GALE EASTERDAY 2 (COLLECTIVELY, THE “EASTERDAYS”).
PLEASE TAKE NOTICE OF THE FOLLOWING MATTERS THAT MAY AFFECT YOUR RIGHTS:
On February 1, 2021, and February 8, 2021, respectively, Ranches and Farms (together, the “Debtors”), commenced chapter 11 bankruptcy cases (the
“Bankruptcy Cases”) in the U.S. Bankruptcy Court for the Eastern District of Washington (the “Bankruptcy Court”).
The Debtors operate commercial farms and ranches that utilize multiple farms, feedlots, ranches, and other facilities that are commonly referred to as
Nine Canyon Farm, Goose Gap Farm, River Farm, Cox Farm, Farm Manager House, and Storage Complex (the “Property”). The Property is owned in part
by the Debtors (the “Debtor Property”) and in part by the Easterdays (the “Easterday Property”).
To maximize the value of the Property, the Debtors and the Easterdays determined that the Property should be marketed for sale together. Accordingly,
on March 26, 2021, the Debtors filed two motions with the Bankruptcy Court: (i) a motion to approve a cooperation agreement (the “Cooperation Agreement”)
between the Debtors and the Easterdays (together, the “Sellers”) and (ii) a motion (x) establishing a process to sell the Property and (y) to approve the sale of
the Property at the conclusion of such process (the “Sale Motion”).
On April 28, 2021, the Bankruptcy Court entered an order (the “Cooperation Agreement Order”) approving the Cooperation Agreement between
and among the Debtors and the Easterdays. On April 29, 2021, the Bankruptcy Court entered the Bidding Procedures Order which, among other things, (i)
approved procedures for submitting offers and bidding at an auction for the Property (“Bidding Procedures”), (ii) approved procedures for the assumption and
assignment of certain executory contracts and unexpired leases, (iii) scheduled a hearing on the sale, and (iv) granted related relief.
On May 19, 2021, the Sellers, entered into a purchase and sale agreement (the “Stalking Horse APA”) with Farmland Reserve, Inc. (“FRI” or the
“Stalking Horse Bidder”), pursuant to which, and subject to higher and better offers in accordance with the Bidding Procedures:
(i) the Debtors shall acquire the Easterday Property, upon which transfer all of the Easterday Property shall constitute
property of the Debtors’ bankruptcy estates in the Bankruptcy Cases and for which the Easterdays shall receive, subject to the approval
of the Bankruptcy Court, an allocable interest in the Net Sale Proceeds, as such term is defined in the Cooperation Agreement;
(ii) the Debtors shall sell, assign, transfer, convey and deliver to FRI, and FRI shall acquire and accept from Debtors, free
and clear of all Claims, Rights, and Encumbrances (as defined in the proposed Sale Order attached to the Stalking Horse APA), all of
the Debtors’ rights, title and interest in and to the Property; and
(iii) FRI shall pay $188,000,000 plus any transfer taxes or the like “Purchase Price” for the Property ((i) through (iii), the
“Sale”).
Also on May 19, 2021, the Debtors supplemented the Sale Motion with their motion to designate FRI as the Stalking Horse Bidder, approve the bid
protections in the Stalking Horse APA, and supplement the relief requested by the Debtors in the Sale Motion to include authorization for the Debtors to
acquire all rights, title and interest in and to the Easterday Property for the purpose of including the Easterday Property in the Sale, pursuant to the Stalking
Horse APA (“Supplemental Bidding Procedures Motion”).
On May 28, 2021, the Bankruptcy Court entered an order granting the Supplemental Bidding Procedures Motion, pursuant to which the Bankruptcy
Court (i) approved the Stalking Horse APA as the Stalking Horse Bid and FRI as the Stalking Horse Bidder, (ii) authorized the Debtors to enter into and
perform under the Stalking Horse APA, subject to higher or otherwise better offers by other qualified bidders, and (iii) approved the Debtors’ request to
supplement the relief requested by the Debtors in the Sale Motion to include authorization for the Debtors to acquire all rights, title and interest in and to the
Easterday Property for the purpose of consummating the Sale with the Stalking Horse Bidder, subject to higher or otherwise better offers by other qualified
bidders at an auction (the “Auction”) to be held on June 14, 2021, commencing at 10:00 a.m. (Pacific Time) (“Supplemental Bidding Procedures Order”).
THE BANKRUPTCY COURT HAS CURRENTLY SET JUNE 30, 2021 AT 4:00 P.M. (PACIFIC TIME) AS THE DEADLINE FOR ALL
OBJECTIONS TO THE SALE (THE “SALE OBJECTION DEADLINE”).
All objections to the Sale and related relief must: (a) be in writing; (b) be signed by counsel or attested to by the objecting party; (c) conform to the
Federal Rules of Bankruptcy Procedure and the Local Rules of the Bankruptcy Court (“Local Rules”); (d) be filed with the Clerk of the Bankruptcy Court, 402
E. Yakima Avenue, Yakima, WA 98901 by no later than the Sale Objection Deadline; and (e) be served in accordance with the Local Rules so as to be received
on or before the Objection Deadline by the following: (i) counsel to the Debtors: (a) Bush Kornfeld LLP, 601 Union Suite, Suite 500, Seattle, WA 98101,
Attention: Armand J. Kornfeld (jkornfeld@bskd.com) and Thomas A. Buford (tbuford@bskd.com); and (b) Pachulski Stang Ziehl & Jones, LLP, 10100 Santa
Monica Boulevard, 13th Floor, Los Angeles, CA 90067, Attention: Richard M. Pachulski (rpachulski@pszjlaw.com), Ira D. Kharasch (ikharasch@pszjlaw.
com), Jeffrey W. Dulberg (jdulberg@pszjlaw.com) and Jason H. Rosell (jrosell@pszjlaw.com); (ii) the Office of the United States Trustee for the Eastern
District of Washington, 920 W Riverside Ave, Suite 593, Spokane, WA 99201, Attn: Gary W. Dyer (Gary.W.Dyer@usdoj.gov); (iii) counsel to the Stalking
Horse Bidder, Stoel Rives LLP, 600 University Street, Suite 3600, Seattle, WA 98101, Attention: Oren B. Haker (oren.haker@stoel.com) and Ellen E. Ostrow
(ellen.ostrow@stoel.com); and (iv) those parties who have filed notices of appearance and/or requested service of all motions and pleadings in these Chapter
11 Cases prior to the date of service thereof.
THE SALE SHALL BE FREE AND CLEAR OF ALL LIENS, CLAIMS, ENCUMBRANCES OR OTHER INTERESTS UNDER
SECTION 363 OF THE BANKRUPTCY CODE. THE ASSIGNMENT OF CERTAIN OF THE SELLERS’ CONTRACTS AND LEASES MAY
BE APPROVED AND AUTHORIZED BY THE BANKRUPTCY COURT ABSENT A TIMELY OBJECTION BY ANY PERSON OR ENTITY
CLAIMING AN INTEREST OR RIGHT IN SUCH CONTRACT OR LEASE. THE FAILURE OF ANY PERSON OR ENTITY TO FILE
AND SERVE AN OBJECTION ON OR BEFORE THE SALE OBJECTION DEADLINE MAY BE DEEMED CONSENT TO ANY SALE OR
ASSIGNMENT APPROVED BY THE BANKRUPTCY COURT AND MAY BE A BAR TO THE ASSERTION OF ANY LIENS, CLAIMS,
RIGHTS, ENCUMBRANCES OR OTHER INTERESTS IN THE PROPERTY SOLD, ASSIGNED OR OTHERWISE TRANSFERRED TO THE
STALKING HORSE BIDDER OR THE SUCCESSFUL BIDDER(S), AND MAY BE A BAR TO ANY RECOVERY AGAINST THE STALKING
HORSE BIDDER OR OTHER SUCCESSFUL BIDDER(S).
IF YOU ARE A CREDITOR OF THE SELLERS OR A CONTRACT OR LEASE COUNTERPARTY TO ANY OF THE SELLERS, YOUR
RIGHTS MAY BE AFFECTED BY THE SALE OF THE PROPERTY TO THE STALKING HORSE BIDDER OR OTHER SUCCESSFUL
BIDDER(S). You should review the documents related to the Sale and discuss them with your attorney. If you do not have an attorney, you may wish to
consult one. Sale documents, including the Stalking Horse APA, Sale Motion, Bidding Procedures Order, Supplemental Bidding Procedures Order, and
proposed sale order, can be obtained through the Bankruptcy Court or by requesting copies from the Debtors’ bankruptcy counsel by email to Jason Rosell
(email: jrosell@pszjlaw.com). If you do not want the Bankruptcy Court to approve the Sale, you must file an objection with the Bankruptcy Court by
the Sale Objection Deadline as set forth above.
A hearing to confirm the results of the Auction and approve the sale of the Property (the “Sale Hearing”) will be held before the Honorable Whitman
Holt, United States Bankruptcy Judge, on July 14, 2021 at 11:00 a.m. (PT), or at such other time as the Bankruptcy Court permits, in the United States
Bankruptcy Court for the Eastern District of Washington, 402 E. Yakima Avenue, Second Floor Courtroom, Yakima, WA 98901. Parties may appear at the
Sale Hearing by telephone. To make a telephonic appearance, parties must call 877-402-9757; code 7036041. The Debtors may adjourn or reschedule the
Sale Hearing one or more times with prior notice filed on the docket in the Bankruptcy Cases or without prior notice by making an announcement at the Sale
Hearing.
Dates set forth in this notice are subject to change, and further notice of such changes may not be provided except through announcements in open court
and/or the filing of notices in the Bankruptcy Cases. Interested persons or entities are encouraged to monitor the electronic court docket for further updates.
1
2
The Debtors along with their case numbers are as follows: Easterday Ranches, Inc. (21-00141) and Easterday Farms, a Washington general
partnership (21-00176).
The administration of the Estate of Gale Easterday is currently pending in Franklin County Superior Court, Case No. 21-450004-11.
S247839-1
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
07/05/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2014 ACURA TXS 4D
VIN = JH4CU2F61EC004264
Amount due on lien $1435.00
Reputed owner(s)
ANNA L VARGAS
CAPITAL ONE AUTO FINANCE
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
06/28/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2014 MERZ GL450 LL
VIN = 4JGDF7CE4EA351510
Amount due on lien $1435.00
Reputed owner(s) EMMET L DOWNS
& RAQUEL A NUNNERY
MECHANICS BANK
LEGAL
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF MARION
PROBATE DEPARTMENT
IN THE MATTER OF THE ESTATE OF
PENNY G. NEAL, deceased.
Case No.: 21PB01747
NOTICE TO INTERESTED PERSONS
NOTICE IS HERBY GIVEN that the
undersigned has been appointed
Personal Representative of the
above estate. All persons having
claims against the estate are re-
quired to present them to the un-
dersigned attorney at: 319 Sixth
Street SW, Albany, OR 97321 with-
in four months after the date of
the first publication of this notice,
as stated below, or such claims
may be barred.
All persons whose rights may be
effected by the proceedings in
this estate may obtain additional
information from the records of
the Court, the Personal Represen-
tative, or the attorney for the Per-
sonal Representative.
DATED and first published June
11th, 2021
Personal Representative
PAMELA K. MOYE
6265 NE Pettibone Drive
Corvallis, OR 97330
Attorney
DAVID B. BECKHAM
319 Sixth Ave SW
Albany, OR 97321
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
07/05/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2019 HYUNDAI KONA UT
VIN = KM8K5CA53KU253813
Amount due on lien $1435.00
Reputed owner(s)
TED R & DEBBIE K STEINKE
JPMORGAN CHASE BANK NA
S249848-1
LEGAL
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF WASHINGTON
vive the winter and typically
emerge in the fall — mid-
July at the earliest, Spichiger
said.
“We do not believe that
any males should be alive
this time of year,” he said.
The department will set
traps in Snohomish County,
but won’t conduct the same
intensive effort as waged
near the Canadian border to
find and destroy nests.
“A single dead speci-
men does not indicate a pop-
ulation,” Spichiger said.
“There is not enough evi-
dence to support that a pop-
ulation exists in Snohomish
County.”
The hornet may simply
have been packaged in a
product shipped from over-
seas, he said.
“It’s entirely possible for
single hornet specimens to
get from the other side of
the world to Washington or
anywhere else in the United
States,” Spichiger said.
Five Asian giant hornets
have been found in British
Columbia, spread over 350
square kilometers, or about
135 square miles, said the
province’s apiculturist, Paul
van Westendorp. No hornets
have been detected this year.
The region’s proximity to
maritime trade increases the
chances that hornets of var-
ious types will appear, he
said. “We will continue to be
exposed to incidental intro-
ductions of these kind of
species.”
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
06/28/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2015 TOYOTA PRIUS 4DR
VIN = JTDKN3DU0F0450961
Amount due on lien $1435.00
Reputed owner(s) TARL J &
ERICKA D HOXIT
TOYOTA MOTOR CREDIT CORP
S248176-1
that determine the location
of improvements,” which are
shown to “extend off the air-
port property and onto EFU
property,” the ruling said.
For that reason, LUBA
must reconsider whether the
expansion plan complies
with Marion County’s agri-
cultural land policies, accord-
ing to the Court of Appeals.
LUBA
incorrectly
rejected the argument that
the expansion project is an
“urban use of rural land”
WSDA
An Asian giant hornet
found in Snohomish
County, Wash., lies next to
a beer can. It’s the farthest
south the world’s largest
wasp has been found in
the U.S.
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
06/28/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2019 KYRV SPRINGDAL T.T
VIN = 4YDT25823KG100966
Amount due on lien $1535.00
Reputed owner(s) ROBIN &
LAWRENCE LABONTE C/O MET
S248173-1
the board to reconsider its
decision.
LUBA found that the proj-
ect didn’t necessarily involve
expanding the airport into an
“exclusive farm use” zone,
since its master plan is not a
“design-level document.”
The appellate court has
reversed this finding because
“LUBA misunderstood its
task.”
Airport layout drawings
within the master plan are
“authoritative
documents
The dead Asian giant
hornet found in Snohom-
ish County, Wash., left no
clue to its origin or whether
there are survivors nearby,
state Department of Agri-
culture entomologist Sven
Spichiger said last week.
The male hornet likely
was alive in 2020, and its
dry remains may have been
sheltered from the weather
and scavenging insects
before somehow landing on
a residential lawn, he said.
“There isn’t enough
information to even specu-
late on how it got there, or
how long it had been there,”
Spichiger said.
Asian giant hornets
were detected more than 70
miles farther north in 2019
and 2020. The agriculture
department expects finding
one about 35 miles north
of Seattle will intensify the
public’s interest in trapping
the giant stinging wasps.
The hornet was reported
by a Marysville resident
June 4. The USDA con-
firmed it was an Asian giant
hornet June 11. The USDA
and state agriculture depart-
ment announced the find
Wednesday.
The hornet likely rep-
resents a new introduction,
rather than an expansion of
hornets found in Whatcom
County or on Vancouver
Island or the Fraser Valley
in British Columbia. “Basi-
cally, it seems to be a sepa-
rate event,” Spichiger said.
The hornet’s DNA and
coloring differ from those of
other specimens. The hor-
net had the distinctive large
orange-yellow head of an
Asian giant hornet, but its
midsection did not have
orange-yellow stripes.
“Southern Asia is where
this color-form seems to be
found,” Spichiger said.
The Asian giant hornet
life cycle argues against it
having been recently active.
Males are not known to sur-
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
06/28/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2015 HONDA PILOT UT
VIN = 5FNYF4H27FB040102
Amount due on lien $1555.00
Reputed owner(s) RAMI MORNEL
S248170-1
Mateusz Perkowski/Capital Press File
An airplane departs from the Aurora State Airport
near Aurora, Ore. The state Court of Appeals has over-
turned a land use ruling pertaining to the airport’s
proposed expansion.
By DON JENKINS
Capital Press
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
06/28/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2016 HYUNDAI ELANTRA 4D
VIN = 5NPDH4AE1GH773813
Amount due on lien $1555.00
Reputed owner(s) DONGVILLO
CARLOS RODOLFO
S248167-1
AURORA, Ore. — A
controversial airport expan-
sion must be reconsidered
to determine if the proj-
ect complies with Oregon’s
land use laws, according to
the state Court of Appeals.
Last year, the state’s
Land Use Board of Appeals
dismissed objections to
the Aurora State Airport’s
expansion, which was
approved by the Oregon
Aviation Board a decade
ago.
Critics
challenged
LUBA’s ruling, claiming
the project will urbanize a
rural area to the detriment of
agriculture.
Opponents include the
cities of Aurora and Wilson-
ville, as well as the farm-
land preservation groups
1,000 Friends of Oregon and
Friends of French Prairie.
The Court of Appeals has
now agreed with critics that
LUBA committed several
legal errors and has ordered
because it mistakenly consid-
ered the airport to be a “rural”
land use, the ruling said.
The board wrongly
excused the project from
having to comply with sev-
eral statewide land use goals
because it wouldn’t permit a
larger class of airplanes at the
facility, the ruling said.
However, a larger class of
airplanes doesn’t necessarily
refer to tail height or wing-
span — as interpreted by
LUBA — but also to higher
take-off weight, which the
runway extension intends
to accommodate, the ruling
said.
The Court of Appeals also
faulted LUBA for accepting
a procedural error in which
the 2011 original version
of the master plan wasn’t
included in the record before
the agency.
However, the appellate
court said it didn’t need to
decide whether that proce-
dural error alone justified
overturning LUBA’s deci-
sion due to the other legal
errors.
S249847-1
By MATEUSZ PERKOWSKI
Capital Press
Mystery Asian giant hornet
baffles entomologists
S248175-1
Controversial Oregon airport
expansion ruling reversed on appeal
S248121-1
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