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About Heppner gazette-times. (Heppner, Or.) 1925-current | View Entire Issue (Oct. 12, 1994)
EIGHT - Heppner Gazette-Times, Heppner, Oregon Wednesday, October 12, 1994 c. H « f l Hpft 1} t(v«r rtnitock 10,320* • 36* 3.4X0* - 30- 2) • Iv«r Systta (ranch Mainline«: 4,102* 4,0(0* ♦ .344* 4,370* 3 ) • • - • 24» 20- U- 14- Subnain« and Circle lateral«: 20,490* * 12- 13.433* • 10- 14,335* - •** 1,765* - 4- 1,540* - 4- SUO» tOUl»»tST Kalantieo land Saw Curacraft Brill Prett 3 M.P. (alder Crlnder C Ton frets 1,000 lb. (la:kha*k Transmission Jack Lincoln 250 Welder Welder Table with Vise Anvl l Truck Wheel Puller Overhead 2T lift Whitco Steaa Cleaner Motor Stand Seall Table 1 Ton Slackhawk Sooner 4 Ton Slackhawk Pickup Jack lattery Charger 1.5 Ton Slackhawk floor Jack 1.5 Ton (apa floor Jack 3 Wood Cabinets Wayne 2 Cyl Air Compressor, Serial * N 515920 with 100 gallon tank t 15 I.P., C.K. Motor III 1412444 12 fertilizer Pi*ps i fertilizer Tanks Construction Roof Size Description Frame Metal 24'x24' Office Building Steel Pole w/36'x24' Extention Comp. 40'x60' Shed with/Dipping Tank Dipping Tank, Settlement Tank, Pump & Fixtures Frame Metal 24'x40' Shop Frame Metal 10'xl8' Pump Shed 12'x70' 1-Mobile Home (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 Heragaar t s a S iz e Type 48* Z 60« Office 60« Z 96« Shop 14« Z 24« Scale House 6 0 ft. TrucX. Scale 65« Z 3S0* guonset €5« Z 200« guanset 24« Z 38« Supply Storage 16 Storage Tanta 193,000 g a llo n s Jtoof M etal M etal M etal - M etal M etal M etal M e ta l C on stru ctio n M etal M etal s Wood F r e e M etal Wood Frase Mood F ra a e M etal M etal 8 1 o o 0 ) and b u r ie d sto ra g e ta n ta H O ( T t l . C a p a c ity ) «*7\ gas 10,000 gal. diesel) .f1'" *"■ r .-l ■ « • •' r.\ * FIN AN C IN G 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 "C ollateral"): (a) Any and all property af fixed to the Land and/or located upon or within the Im provem ents 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, govern m ental authorizations or permits per taining to the Property or the d evelopm en t, ow nership, 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) A ll (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 equipm ent 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, w ithout 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 easements 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 ersonal property attached ereto as Exhibit B K Land: That certain real pro rigating or domestic services STATE OF OREGON County perty located in the County of upon said Land), water of Morrow alleys, streets, Morrow, Oregon as more par courses, I hereby certify that the N passages, ways, vaults, adjoin ticularly described on Exhibit A within instrument was receiv- * ing strips of ground, licenses, ed for record on 7-18-94 at 3:30 attached hereto. franchises p.m. and assigned 43155 in the Leases: Any and all leasehold tenem ents, interests, including subleases hereditaments, rights, ap Microfilm Records of said and tenancies following attorn purtenances and ¡easements, County. now or hereafter owned by ment, including, without Witness My Hand and 9eal limitation, the Western Lease Debtor and existing, belonging of County Affixed (as hereinafter defined), and all or appertaining to the Land, all Barbara Bloodsworth County Clerk license agreements and other claims or demands whatsoever occupancy or use agreements of Debtor therein or thereto, By Shirley McCarl (whether oral or written), now either at law or in equity, in Deputy or hereafter affecting or cover possession or in expectancy Both the beneficiary and the and all estate, right, title and in ing any part of the Property, trustee have elected to sell the terest of Debtor in and to all and all options therefore, said real property to satisfy the streets, roads and public places, am endm ents thereto and obligations secured by said renewals, modifications and opened or proposed, now or trust deed and a notice of guarantees thereof, together hereafter used in connection default has been recorded pur with, existing, belonging or ap with all rents, royalties, issues, suant to O regon R evised profits, revenues, income and pertaining to, the Land; all Im Statutes 86.735(3); the default provem ents; all Fixtures, other benefits of the Property for which the foreclosure is arising at any time from or whether now or hereafter in made is grantor's failure to pay stalled, being hereby declared under such Leases (including, when due the following sums: without limitation, after the fil to be for all purposes of this Four Million, Nine Hundred Deed of Trust a part of the ing of any petition under any Thousand Dollars (4.9 Million) Land; all Easement present or future Federal or By reason of said default the Agreements and all other rights state bankruptcy or similar law) beneficiary has declared all of ingress, egress, reciprocal from the use or enjoyment sums owing on the obligation thereof or from the Leases, in agreements and other ap secured by said trust deed im cluding, without limitation, any purtenances relating to the mediately due and payable, Land, the Leases and the Rents and all security or other said sums being the following, benefits granted in favor of the and Proceeds, whether by sale to-wit: landlord thereunder to secure or otherwise. Four Million Nine Hundred Rents and Proceeds: All the performance of the tenant's Thousand (4.9 Million), plus obligations thereunder (in rents, royalties, revenues, Eight Thousand One Hundred cluding, without limitation, any issues, profits, proceeds (in Five Dollars ($8,105.00) for a and all of the following so ser cluding, without limitation pro foreclosure report, One Hun ceeds from the sale of all or any ving as security or collateral dred Seventy Tw o Dollars (collectively, the "Lease Securi portion of the Property or in ($172.00) for a UCC search, and ty "): (i) all crops *now or terest therein) and other in all additional attorney and hereafter grown or growing on come from the Property or the trustee fees, costs and expenses Leases (including, without the Land, and all crops and incurred. limitation, any and all Lease farm products now or hereafter WHEREFORE, notice hereby Security). generated by the land (whether is given that the undersigned Tract D Easements: That cer Fructus Naturales or Fructus trustee will on November 30, * Industriales (Emblements), in tain utility easement and ease 1994, at the hour of 11 o'clock, ment for ingress or egress cluding, all such crops and A.M ., in accord with the stan formerly described as Tract D, farm products now or hereafter dard of time established by Parcels 1 and 2. harvested and/or severed from ORS 187.110, at the front en Western Leases: That certain the Land, whteher or not then trance of the Morrow County Lease dated as of November 11, stored on the Land, (ii) all crop Courthouse in the City of 1993 by and between Grantor, allotments and rights to crop Heppner, County of Morrow, as landlord, and Western Em bases as designated, assigned State of Oregon, sell at public pires Corporation, as tenant. or approved by the United auction to the highest bidder DEBTOR: L O G A N FARMS, States Departm ent of for cash the interest in the said INC., an Oregon corporation Agriculture, the Commodity described real/and personal SECURED P A R T Y : THE C redit C orporation , the property which the grantor had PRUDENTIAL INSURANCE Agricultural Stabilization and or had power to convey at the C O M P A N Y OF AM E R IC A Conservation Service, or any time of the execution by him of N ew Jersey corporation. other governmental agency or the said trust deed, together Schedule Tw o department, whether federal, with any interest which the state or local, any and all en TO F IN A N C IN G S T A T E grantor-or his successors in in- titlements of Grantor, rights of M E NT STAN D AR D FORM- ' terest acquired after the execu- Grantor (including, without u c d - r L O G A N FARMS/ Inc.^ . tion.of said trust deed, to satisfy an Oregon corporation limitation, the right to receive, the fo re go in g obligations By: Dennis B Logan directly or indirectly, payments thereby secured and the costs President whether in cash, such as defi and expenses of sale, including SCHEDULE A ciency payments as provided a reasonable charge by the for in 7 C F B Section 1413, in TO trustee. Notice is further given i kind or otherwise) under any FIN AN C IN G STATEMENT that any person named in ORS contract or program or agree All of Debtor's interest in (1) 86.753 has the right, at any time ment with the United States irrigation, frost protection and prior to five days before the * Departments of Agriculture, drainage equipment of any date last set for the sale, to have the Commodity Credit Cor kind or nature whatsoever, this foreclosure proceeding poration, the Agricultural which is or will be placed upon, dismissed and the trust deed Stabilization and Conservation or is used in connection with, reinstated by payment to the Service, or any other govern the maintenance, use, occupan beneficiary of the entire ^ mental agency or department cy or enjoyment of the realty amount then due (other than (whether federal, state or local), described below (the "Proper such portion of the principal as relating to the Property in ty” ), including, without limita would not then be due had no ► cluding without limitation, the tion, all trellises, pumps, default occurred) and by curing Conservation Reserve Pro sprinkler systems, pumping any other default complained gram, or the development, stations, motors, engines, of herein that is capable of be ownership, management or reservoirs, pipes, flumes, cen ing cured by tendering the per operation thereof), (iii) any tral pivots or other equipment formance required under the statutory landlord's lien, (iv) now or hereafter used for the obligation or trust deed, and in any cash or securities, (v) any production of water thereon or addition to paying said sums or crop products, and/or (vi) any for the irrigation or drainage tendering the performance re other collateral or security thereof, together with all pre quired under the obligation or deposited under such leases. sent and future attachments, trust deed, and in addition to Loan Documents: All docu accretions, accessions, paying said sums or tendering ments evidencing, securing or replacements and additions the performance necessary to relating to the loan made by thereto and products and pro cure the default, by paying all secured party to debtor, the ceeds thereof, including costs and expenses actually in payment of the indebtedness or without limitation, the items curred in enforcing the obliga the performance of the obliga listed on Schedules B-l and B-2 tion and trust deed, together attached hereto; and (2) all tions relating to such loan with the trustee's and at Property: The Land; the Per leases, license agreements and torney's fees not exceeding the amounts provided by said ORS sonalty; all estate, title, in other occupancy or use agreements (whether oral or terests, title reversion rights, 86.753. rents, increases, rights of way written), now or hereafter ex In construing this notice, the isting, which cover or relate to or uses, additions, accretions, masculine gender includes the servitudes, gaps, gores, liber all or any portion of the Proper feminine and the neuter, the ties, privileges relating to the ty together with all options singular includes the plural, the therefor, amendments thereto Land and all rights and word "grantor” includes any and renewals, modifications privileges thereof, including, successor in interest to the without limitation, all minerals, and guarantees thereof, and all grantor as well as any other oil, gas and other hydrocarbon rents, royalties, issues, profits, person owing an obligation, the revenues, income and other substances thereon or therein, perform ance o f which is all rights, water rights (whether benefits of the Property arising secured by said trust deed, and riparian, appropriative, or pur at any time (including without the words "tr u s te e " and suant to state or federal en limitation, after the filing of any "beneficiary" include their titlements or allotments, or petition under any present or respective successors in in otherwise and whether or not future Federal or state terest, if any. appurtenant, including, bankruptcy or similar law) from DATED July 20, 1994 without limitation, all the rights the use or enjoyment thereof or to the use of water for irrigating from said leases, including, State of Oregon, County of said Land and for domestic use without limitation, cash or Multnomah. theron to which Debtor, or the securities deposited thereunder I, the undersigned, certify Land hereby conveyed, is now to secure performance by the that I am the attorney or one of or may hereafter become entitl tenants of their obligations the attorneys for the above ed, or which now are or may thereunder, whether said cash named trustee and that the hereafter be used on said Land, or securities are to be hold un foregoing is a complete and ex however the same may be til the expiration of the terms of act copy of the original trustee's evidenced, and together with said leases or applied to one or notice of sale. all shares or stock or shares of more of the installments of rent Lucy E. Kivel water in any ditch or irrigation coming due, additional, per Attorney for said Trustee company which in any manner centage, participation and other Published: October 5, 12, 19 entitles Debtor to water for ir rentals, and deposits. and 27, 1994
