EIGHT - Heppner Gazette-Times, Heppner, Oregon Wednesday, October 12, 1994
c.
H « f l Hpft
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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