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 ___________