Image provided by: Morrow County Museum; Heppner, OR
About Heppner gazette-times. (Heppner, Or.) 1925-current | View Entire Issue (Oct. 19, 1994)
Heppner Gazette-Times, Heppner, Oreflon Wednesday, October 19, 1994 - SEVEN Land: That certain real pro perty located in the County of Morrow, Oregon as more par ticularly described on Exhibit A attached hereto. 2) • I vsr trita* Brandi M i n i I m i : Leases: Any and all leasehold 4,102* • 2*- interests, including subleases 4,OtO* - 20- and tenancies following attorn 9,344* - 14- ment, including, without 4,370* - li limitation, the Western Lease (as hereinafter defined), and all si Subnains ant Circla latarals: license agreements and other 20.4*0* - 12- occupancy or use agreements 13,*3S* - 10- (whether oral or written), now 14,333* • 0- or hereafter affecting or cover 1,743* - 4- ing any part of the Property, 1.**0* • 4- and all options therefore, moa touisMsî am endm ents thereto and renewals, modifications and guarantees thereof, together Kstanaxso land Saw with all rents, royalties, issues, Ouracraft Or ill trass profits, revenues, income and 3 *.». tsitsr firindtr other benefits of the Property C Tan trass arising at any time from or 1,000 lb. tliskhawk Transnissian Jack under such Leases (including, Lincoln 250 waldar without limitation, after the fil Welder Tabla with Visa ing of any petition under any Anvil present or future Federal or Truck Whatl tullar state bankruptcy or similar law) Overhead 2T lift from the use or enjoyment Whites Stsaa Ctasnar thereof or from the Leases, in Water Stand cluding, without limitation, any Saill Tabla and all security or other 1 Tan Slaekhawk Banner benefits granted in favor of the A Ton Slaekhawk Pickup Jack landlord thereunder to secure Oattary Charter the performance of the tenant's 1.3 Tan Slaekhawk ttsar Jack obligations thereunder (in 1.3 Ton Bap* tlaar Jack cluding, without limitation, any S Wood Cabinets and all of the following so ser Wayne 2 Cyl Air Cenprassor, Serial # M 313*20 with 100 s*lt«n tank S ving as security or collateral 13 B.t.( 0.1. Hater SEE 1412*44 (collectively, the "Lease Securi 12 fertiliser t a p s t fertiliser Tanks ty"): (i) all crops now or hereafter grown or growing on Construction Description Size ' Roof the Land, and all crops and Frame Office Building 24'x24' Metal farm products now or hereafter Steel Pole w/36'x24' Extention Shed with/Dipping Tank 40'x60' Comp. generated by the land (whether Dipping Tank, Settlement Tank, Pump & Fixtures Fructus Naturales or Fructus Frame Shop 24'x40' Metal Industriales (Emblements), in < Pump Shed Frame 10'xl8' Metal cluding, all such crops and 1-Mobile Home 12'x70' farm products now or hereafter (1974 Van Dyke, Serial #123364, single wide) harvested and/or severed from 1- Fairbanks 60,000 lb. Beam Scale # G0927507 LX the Land, whteher or not then 2- Truck Loading Chutes (Steel), Sorting & Handling Pens stored on the Land, (ii) all crop 5.000 ft. of 5 & 6 Cable Corrals, plus attached, Steel Gates allotments and rights to crop 1.000 ft. of Concrete Feed Banks bases as designated, assigned 2.000 sq. ft. of Concrete Slurry Pit and 10,000 sq. ft. concrete unloading area with: 6 " Slurry or approved by the United Pump 5 H.P. Lincoln #871566; 400 Gallon Storage Tank; 2,000 Gallon Storage Tank States Department of Concrete Apron (70,000 sq. ft.); 8,000 sq. ft. three sided storage 425' of side walls for open storage Agriculture, the Commodity 30-Feed Bunks Credit Corporation, the Agricultural Stabilization and Construction Conservation Service, or any Else Poof Type other governmental agency or Metal Metal 46* X 60» O ffice department, whether federal, Metal Metal CO* X 96' state or local, any and all en Wood Trane Metal 14« X 24« — titlements of Grantor, rights of * Metal . 60£t. Grantor -(htetuding, withotftr Wood r r & e ‘«5« X 35$*“ litnlfartion; ttre-Vtght to receive', * Pood Trane 'fetal *«5« X 206'‘ directly or indirectly, payments Metal Metal 24« X 38« Supply Storage whether in cash, such as defi Metal Metal 16 Storage Tante 193,000 gallons ciency payments as provided CTtl. Capacity) % for in 7 C F B Section 1413, in kind or otherwise) under any contract or program or agree Fuel Firpa ( e le c .) and buried »tarage tante (10,000 gallon ment with the United States g a s 10,000 g a l . d ie se l) Departments of Agriculture, the Commodity Credit Cor ing stations, motors, engines, poration, the Agricultural developm ent, ow nership, gearheads, sprinklers, drip ir Stabilization and Conservation m anagem ent or operation FINANCING STATEMENT rigation systems, tow lines, Service, or any other govern thereof, all trademarks, service All of the Debtor's right, ti hand lines, irrigation pipe, mental agency or department marks, designs, logos, names tle and interest now owned or drainage pipe, flumes, central (whether federal, state or local), hereafter acquired in and to the or similar identifications per pivots, culverts and well cas relating to the Property in following property (hereinafter taining to the Property or under ings; (iii) all enclosures of the cluding without limitation, the collectively referred to as which the Property may be Land or any part thereof, in Conservation Reserve Pro t known or operated whether "Collateral"): cluding, without limitation, gram, or the development, (a) Any and all property af registered or unregistered, and fences, gates, shuts, posts, ownership, management or fixed to the Land and/or located all rights to carry on business poles, barbed wire and electric operation thereof), (iii) any upon or within the Im under such names, and any wire; (iv) all crop protection provements which are so related goodwill associated in equipm ent and apparatus statutory landlord's lien, (iv) any cash or securities, (v) any related to the land that an in any way with the such names located on or used in connec crop products, and/or (vi) any or the Property, and all ac terest in such property arises tion with the Land; (v) all elec other collateral or security under applicable real estate or counts, contract rights and tric, gas and water lines and deposited under such leases. general intangibles (including real property law, including, equipment located on the any rents, issues, profits, in Loan Documents: All docu without limitation, any Im Land, including, without surance proceeds and condem ments evidencing, securing or provements and/or any items limitation, transformers, circuit nation awards or compensa relating to the loan made by set forth in the Inventory which breakers, switch boxes, fuse tion) arising out of or incident secured party to debtor, the become so related or attached to the ownership, development payment of the indebtedness or and breaker panels, regulators, to the Land (the "Fixtures” ). or operation of the Property en cut on/off valves, wiring and the performance of the obliga (b) The following personal property (other than Fixtures) cumbered hereby and all con pipe; and (d) Any and all of the tions relating to such loan Property: The Land; the Per pow or hereafter located in, struction materials and sup products and proceeds of the sonalty; all estate, title, in upon or about or collected or plies, leasehold interests in per foregoing. Definitions: As used herein, terests, title reversion rights, used in connection with the sonal property, and all water stock relating to, and all water the following terms shall have rents, increases, rights of way Property, together with all pre sent and future attachments, rights appurtenant to the pro the following meanings relating or uses, additions, accretions, servitudes, gaps, gores, liber accessions, replacem ents, perty, contracturai rights for to such loan; Agreements: Any and all ties, privileges relating to the substitutions and additions the use of water (to the extent agreements, contracts, supply Land and all rights and thereto or therefor, and the such rights are assignable), cash and noncash products and drainage rights, and rights to contracts, reports, surveys, privileges thereof, including, proceeds thereof including, receive or transport water to, maintenance agreements, pur without limitation, all minerals, chase contracts, and govern oil, gas and other hydrocarbon without limitation: all proper the Property, including, without limitation, any right to mental approvals whatsoever substances thereon or therein, ty listed in the Inventory, the receive water or subsidies with pertaining to the operation of all rights, water rights (whether Easement Agreements, the respect to the price thereof the Property, as the same may riparian, appropriative, or pur Agreements, all Leases and under any contract with, or be amended or otherwise suant to state or federal en contracts related to or pertain program administered by, the modified from time to time. titlements or allotments, or ing to the Property and any and State of Oregon Department of Easement Agreements: Any otherwise and whether or not all guaranties thereof, all Lease including, Security relating to such Water Resources or the Bureau and all ingress or egress appurtenant, easem ents or agreements, without limitation, all the rights Leases, all causes of action and of Reclamation. (c) All (i) building im reciprocal easem ents or to the use of water for irrigating recoveries now or hereafter ex provements and fixtures now operating agreements or other said Land and for domestic use isting for any loss or diminu or hereafter located on the appurtenances, easements or theron to which Debtor, or the tion in value of the Property, all land, including without limita real property rights or interests Land hereby conveyed, is now other tangible and intangible tion, all buildings, houses, relating to the Land, whether or may hereafter become entitl property and rights relating to sheds, warehouses, storage now owned or hereafter ac ed, or which now are or may the Property or its operation, or facilities and other buildings; quired, including, without hereafter be used on said Land, to be used in connection with (ii) all irrigation and drainage lim itation, the Tract D however the same may be the Property, including, but not equipment located on or used Easem ents (as hereinafter evidenced, and together with limited to all agreements, in connection with the Land, defined). all shares or stock or shares of licenses, governm ental including without limitation, Inventory: The description of water in any ditch or irrigation authorizations or permits per reservoirs, wells, pumps, pip ersonal property attached company which in any mannef taining to the Property or the ereto as Exhibit B entitles Debtor to water for ir C . 1 m M * J » I t t i 1) M m II w i -, tlnr r m u c k 10.320* • 34* 3,4*0* • 30- K 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 provem ents; 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 Easem ent 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 UCC-1 LOGAN-FARMS, lncr,~ 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 dr 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 Million, 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 acquired after the execu tion of said 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 " tr u 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 9» 12« 19 and 27, 1994 ___________
