Heppner Gazette-Times, Heppner, Oregon Wednesday, October 5, 1994 - SEVEN
C. tu'lrt 1 f t H p a l W t
1) « W a r N M i t c k
10,320* • 36«
3,660' - 30-
2)
llttr Syataa Iranch Kainlinta:
6,102*
6 , 000 *
0,364*
6,370*
2)
-
-
-
-
24«
20 -
16-
14«
Ouboatna and tirela tatarata:
20,490*
13,433*
16,335*
1,765*
1.040'
-
-
-
-
-
12-
10-
0-
6-
4-
fHÇ» fOUIMIMT
Kataaaxoo land Saw
Ouraeraft Ortlt Praaa
3 M.9. Oatdcr Srtndcr
C Tan rrtu
1,000 lb. Itaskhawk Trananitaien Jack
Lincoln 250 Welder
Welder Table with Via*
An» 11
Truck Wheel Putter
*
Overhead 2T lift
VMtco Steao Cleaner
Motor Stand
Satall Table
1 Ten llackhewk looeier
4 Ton Olackhawk Pickup Jack
Oattery Charger
1.3 Ten Olackhawk Pleor Jack
1.3 Ten gape floor Jack
3 Wood Cabinet«
Wayne 2 Cyl Air Ceepreaaer, Serial 6 N 515920 with 100 gallon tank 0
IS R.P., 0.1. Meter t(E 1412644
12 fertiliser Ptapc 0 fertiliser Tanks
Description
Size
Roof
Construction
Office Building
" 24'x24'
Metal
Frame
Shed with/Dipping Tank
40'x60'
Comp.
Steel Pole w/36'x24' Extention
Dipping Tank, Settlement Tank, Pump & Fixtures
Shop
24'x40'
Metal
Frame
Pump Shed
10'xl8'
Metal
Frame
1-Mobile Home
12'x70'
(1974 Van Dyke, Serial #123364, single wide)
1-
Fairbanks 60,000 lb. Beam Scale # G0927507 LX
2-
Truck Loading Chutes (Steel), Sorting & Handling Pens
5.000 ft. of 5 & 6 Cable Corrals, plus attached, Steel Gates
1.000 ft. of Concrete Feed Banks
2.000 sq. ft. of Concrete Slurry Pit and 10,000 sq. ft. concrete unloading area with: 6 " Slurry
Pump 5 H.P. Lincoln #871566; 400 Gallon Storage Tank; 2,000 Gallon Storage Tank
Concrete Apron (70,000 sq. ft.); 8,000 sq. ft. three sided storage 425' of side walls for open storage
30-Feed Bunks
Type
O ffice
Shop
t o l e Bw w «••• .
T r u c un**
Quonset
Qooraet
Supply Storage
16 Storage Tanks
S ire
48* Z 60«
60’ Z 96'
14* Z 24*
’«ttt
6 0 ft. «
65* Z 350«
€5« Z 200«
24« Z 38«
193/000 gallons
(T tl. Capacity)
Construction
Roof
Metal Metal
Metal Metal
Metal t-Koed^rrane
— »»«Hartal
ri *
Metal .¿Rood Frase
Metal Wood Frase
Metal Metal
Metal Metal
yu el iu rp s (e l e c .) and buried «tarage tanks (10,000 gallon
g as 10,0 0 0 g a l . d ie se l)
FINANCING STATEMENT
All of the Debtor's right, ti
tle and interest now owned or
hereafter acquired in and to the
following property (hereinafter
collectively referred to as
"Collateral");
(a) Any and all property af
fixed to the Land and/or located
upon or within the Im
provements which are so
related to the land that an in
terest in such property arises
under applicable real estate or
real property law, including,
without limitation, any Im
provements and/or any items
set forth in the Inventory which
become so related or attached
to the Land (the "Fixtures").
(b) The following personal
property (other than Fixtures)
now or hereafter located in,
upon or about or collected or
used in connection with the
Property, together with all pre
sent and future attachments,
accessions, replacem ents,
substitutions and additions
thereto or therefor, and the
cash and noncash products and
proceeds thereof including,
without limitation: all proper
ty listed in the Inventory, the
Easement Agreements, the
Agreements, all Leases and
contracts related to or pertain
ing to the Property and any and
all guaranties thereof, all Lease
Security relating to such
Leases, all causes of action and
recoveries now or hereafter ex
isting for any loss or diminu
tion in value of the Property, all
other tangible and intangible
property and rights relating to
the Property or its operation, or
to be used in connection with
the Property, including, but not
limited to all agreements,
licenses,
governmental
authorizations or permits per
taining to the Property or the
developm ent, ownership,
management or operation
thereof, all trademarks, service
marks, designs, logos, names
or similar identifications per
taining to the Property or under
which the Property may be
known or operated whether
registered or unregistered, and
all rights to carry on business
under such names, and any
related goodwill associated in
any way with the such names
or the Property, and all ac
counts, contract rights and
general intangibles (including
any rents, issues, profits, in
surance proceeds and condem
nation awards or compensa
tion) arising out of or incident
to the ownership, development
or operation of the Property en
cumbered hereby and all con
struction materials and sup
plies, leasehold interests in per
sonal property, and all water
stock relating to, and all water
rights appurtenant to the pro
perty, contracturai rights for
the use of water (to the extent
such rights are assignable),
drainage rights, and rights to
receive or transport water to,
the Property, including,
without limitation, any right to
receive water or subsidies with
respect to the price thereof
under any contract with, or
program administered by, the
State of Oregon Department of
Water Resources or the Bureau
of Reclamation.
(c)
All (i) building im
provements and fixtures now
or hereafter located on the
land, including without limita
tion, all buildings, houses,
sheds, warehouses, storage
facilities and other buildings;
(ii) all irrigation and drainage
equipment located on or used
in connection with the Land,
including without limitation,
reservoirs, wells, pumps, pip
ing stations, motors, engines,
gearheads, sprinklers, drip ir
rigation systems, tow lines,
hand lines, irrigation pipe,
drainage pipe, flumes, central
pivots, culverts and well cas
ings; (iii) all enclosures of the
Land or any part thereof, in
cluding, without limitation,
fences, gates, shuts, posts,
poles, barbed wire and electric
wire; (iv) all crop protection
equipment and apparatus
located on or used in connec
tion with the Land; (v) all elec
tric, gas and water lines and
equipment located on the
Land, including, without
limitation, transformers, circuit
breakers, switch boxes, fuse
and breaker panels, regulators,
cut on/off valves, wiring and
pipe; and (d) Any and all of the
products and proceeds of the
foregoing.
Definitions: As used herein,
the following terms shall have
the following meanings relating
to such loan;
Agreements: Any and all
agreements, contracts, supply
contracts, reports, surveys,
maintenance agreements, pur
chase contracts, and govern
mental approvals whatsoever
pertaining to the operation of
the Property, as the same may
be amended or otherwise
modified from time to time.
Easement Agreements: Any
and all ingress or egress
easements or agreements,
reciprocal easem ents or
operating agreements or other
appurtenances, easements or
real property rights or interests
relating to the Land, whether
now owned or hereafter ac
quired, including, without
lim itation, the Tract D
Easements (as hereinafter
defined).
Inventory: The description of
personal property attached
hereto as Exhibit B
Land: That certain real pro
perty located in the County of
Morrow, Oregon as more par
ticularly described on Exhibit A
attached hereto.
Leases: Any and all leasehold
interests, including subleases
and tenancies following attorn
ment, including, without
limitation,the Western Lease
(as hereinafter defined), and all
license agreements and other
occupancy or use agreements
(whether oral or written), now
or hereafter affecting or cover
ing any part of the Property,
and all options therefore,
amendments thereto and
renewals, modifications and
guarantees thereof, together
with all rents, royalties, issues,
profits, revenues, income and
other benefits of the Property
arising at any time from or
under such Leases (including,
without limitation, after the fil
ing of any petition under any
present or future Federal or
state bankruptcy or similar law)
from the use or enjoyment
thereof or from the Leases, in
cluding, without limitation, any
and all security or other
benefits granted in favor of the
landlord thereunder to secure
the performance of the tenant's
obligations thereunder (in
cluding, without limitation, any
and all of the following so ser
ving as security or collateral
(collectively, the "Lease Securi
ty"): (i) all crops now or
hereafter grown or growing on
the Land, and all crops and
farm products now or hereafter
generated by the land (whether
Fructus Naturales or Fructus
Industrials (Emblements), in
cluding, all such crops and
farm products now or hereafter
harvested and/or severed from
the Land, whteher or not then
stored on the Land, (ii) all crop
allotments and rights to crop
bases as designated, assigned
or approved by the United
States Department
of
Agriculture, the Commodity
Credit Corporation, the
Agricultural Stabilization and
Conservation Service, or any
other governmental agency or
department, whether federal,
state or local, any and all en-
titlements-of. Graptor, rights of
Grantor {iftcluding, without
limitation, fhe right to receive,
directly or indirectly, payments
whether in cash, such as defi
ciency payments as provided
for in 7 C F B Section 1413, in
kind or otherwise) under any
contract or program or agree
ment with the United States
Departments of Agriculture,
the Commodity Credit Cor
poration, the Agricultural
Stabilization and Conservation
Service, or any other govern
mental agency or department
(whether federal, state or local),
relating to the Property in
cluding without limitation, the
Conservation Reserve Pro
gram, or the development,
ownership, management or
operation thereof), (iii) any
statutory landlord's lien, (iv)
any cash or securities, (v) any
crop products, and/or (vi) any
other collateral or security
deposited under such leases.
Loan Documents: All docu
ments evidencing, securing or
relating to the loan made by
secured party to debtor, the
payment of the indebtedness or
the performance of the obliga
tions relating to such loan
Property: The Land; the Per
sonalty; all estate, title, in
terests, title reversion rights,
rents, increases, rights of way
or uses, additions, accretions,
servitudes, gaps, gores, liber
ties, privileges relating to the
Land and all rights and
privileges thereof, including,
without limitation, all minerals,
oil, gas and other hydrocarbon
substances thereon or therein,
all rights, water rights (whether
riparian, appropriative, or pur
suant to state or federal en
titlements or allotments, or
otherwise and whether or not
appurtenant,
including,
without limitation, all the rights
to the use of water for irrigating
said Land and for domestic use
theron to which Debtor, or the
Land hereby conveyed, is now
or may hereafter become entitl
ed, or which now are or may
hereafter be used on said Land,
however the same may be
evidenced, and together with
all shares or stock or shares of
water in any ditch or irrigation
company which in any manner
-entitles Debtor to water for if-
rigating or domestic services
upon said Land), water
courses, alleys, streets,
passages, ways, vaults, adjoin
ing strips of ground, licenses,
tenem ents,
franchises
hereditaments, rights, ap
purtenances and easements,
now or hereafter owned by
Debtor and existing, belonging
or appertaining to the Land, all
claims or demands whatsoever
of Debtor therein or thereto,
either at law or in equity, in
possession or in expectancy
and all estate, right, title and in
terest of Debtor in and to all
streets, roads and public places,
opened or proposed, now or
hereafter used in connection
with, existing, belonging or ap
pertaining to, the Land; all Im
provements; all Fixtures,
whether now or hereafter in
stalled, being hereby declared
to be for all purposes of this
Deed of Trust a part of the
Land;
all
Easement
Agreements and all other rights
of ingress, egress, reciprocal
agreements and other ap
purtenances relating to the
Land, the Leases and the Rents
and Proceeds, whether by sale
or otherwise.
Rents and Proceeds: All
rents, royalties, revenues,
issues, profits, proceeds (in
cluding, without limitation pro
ceeds from the sale of all or any
portion of the Property or in
terest therein) and other in
come from the Property or the
Leases (including, without
limitation, any and all Lease
Security).
Tract D Easements: That cer
tain utility easement and ease
ment for ingress or egress
formerly described as Tract D,
Parcels 1 and 2.
Western Leases: That certain
Lease dated as of November 11,
1993 by and between Grantor,
as landlord, and Western Em
pires Corporation, as tenant.
DEBTOR: LOGAN FARMS,
INC., an Oregon corporation
SECURED PARTY: THE
PRUDENTIAL INSURANCE
COMPANY OF AMERICA
New Jersey corporation.
Schedule Two
TO FINANCING STATE
MENT STANDARD--FORM
UC^-1 LOGAN FARMS,The.,
an Oregon corporation
By: Dennis B Logan
President
SCHEDULE A
TO
FINANCING STATEMENT
All of Debtor's interest in (1)
irrigation, frost protection and
drainage equipment of any
kind or nature whatsoever,
which is or will be placed upon,
or is used in connection with,
the maintenance, use, occupan
cy or enjoyment of the realty
described below (the "Proper
ty"), including, without limita
tion, all trellises, pumps,
sprinkler systems, pumping
stations, motors, engines,
reservoirs, pipes, flumes, cen
tral pivots or other equipment
now or hereafter used for the
production of water thereon or
for the irrigation or drainage
thereof, together with all pre
sent and future attachments,
accretions,
accessions,
replacements and additions
thereto and products and pro
ceeds thereof, including
without limitation, the items
listed on Schedules B-l and B-2
attached hereto; and (2) all
leases, license agreements and
other occupancy or use
agreements (whether oral or
written), now or hereafter ex
isting, which cover or relate to
all or any portion of the Proper
ty together with all options
therefor, amendments thereto
and renewals, modifications
and guarantees thereof, and all
rents, royalties, issues, profits,
revenues, income and other
benefits of the Property arising
at any time (including without
limitation, after the filing of any
petition under any present or
future Federal or state
bankruptcy or similar law) from
the use or enjoyment thereof or
from said leases, including,
without limitation, cash or
securities deposited thereunder
to secure performance by the
tenants of their obligations
thereunder, whether said cash
or securities are to be hold un
til the expiration of the terms of
said leases or applied to one or
more of the installments of rent
coming due, additional, per
centage, participation and other
rentals, and deposits.
STATE OF OREGON County
of Morrow
I hereby certify that the
within instrument was receiv
ed for record on 7-18-94 at 3:30
p.m. and assigned 43155 in the
Microfilm Records of said
County.
Witness My Hand and Seal
of County Affixed
Barbara Bloodsworth
County Clerk
By Shirley McCarl
Deputy
Both the beneficiary and the
trustee have elected to sell the
said real property to satisfy the
obligations secured by said
trust deed and a notice of
default has been recorded pur
suant to Oregon Revised
Statutes 86.735(3); the default
for which the foreclosure is
made is grantor's failure to pay
when due the following sums:
Four tylillion, Nine Hundred
Thousand Dollars (4.9 Million)
By reason of said default the
beneficiary has declared all
sums owing on the obligation
secured by said trust deed im
mediately due and payable,
said sums being the following,
to-wit:
Four Million Nine Hundred
Thousand (4.9 Million), plus
Eight Thousand One Hundred
Five Dollars ($8,105.00) for a
foreclosure report, One Hun
dred Seventy Two Dollars
($172.00) for a UCC search, and
all additional attorney and
trustee fees, costs and expenses
incurred.
WHEREFORE, notice hereby
is given that the undersigned
trustee will on November 30,
1994, at the hour of 11 o'clock,
A.M., in accord with the stan
dard of time established by
ORS 187.110, at the front en
trance of the Morrow County
Courthouse in the City of
Heppner, County of Morrow,
State of Oregon, sell at public
auction to the highest bidder
for cash the interest in the said
described real/and personal
property which the grantor had
or had power to convey at the
time of the execution by him of
the said trust deed, together
with any interest which the
grantor or his successors in in
terest agqyired after the execu
tion oF%aid trust deed, to satisfy
the foregoing obligations
thereby secured and the costs
and expenses of sale, including
a reasonable charge by the
trustee. Notice is further given
that any person named in ORS
86.753 has the right, at any time
prior to five days before the
date last set for the sale, to have
this foreclosure proceeding
dismissed and the trust deed
reinstated by payment to the
beneficiary of the entire
amount then due (other than
such portion of the principal as
would not then be due had no
default occurred) and by curing
any other default complained
of herein that is capable of be
ing cured by tendering the per
formance required under the
obligation or trust deed, and in
addition to paying said sums or
tendering the performance re
quired under the obligation or
trust deed, and in addition to
paying said sums or tendering
the performance necessary to
cure the default, by paying all
costs and expenses actually in
curred in enforcing the obliga
tion and trust deed, together
with the trustee's and at
torney's fees not exceeding the
amounts provided by said ORS
86.753.
In construing this notice, the
masculine gender includes the
feminine and the neuter, the
singular includes the plural, the
word "grantor” includes any
successor in interest to the
grantor as well as any other
person owing an obligation, the
perform ance of which is
secured by said trust deed, and
the words "tru s te e " and
"beneficiary” include their
respective successors in in
terest, if any.
DATED July 20, 1994
State of Oregon, County of
Multnomah.
I, the undersigned, certify
that I am the attorney or one of
the attorneys for the above
named trustee and that the
foregoing is a complete and ex
act copy of the original trustee's
notice of sale.
Lucy E. Kivel
Attorney for said Trustee
Published: October 5, 12, 19
____
and 27, 1994