Image provided by: Morrow County Museum; Heppner, OR
About Heppner gazette-times. (Heppner, Or.) 1925-current | View Entire Issue (Oct. 26, 1994)
TEN - Heppner Gazette-Times, Heppner, Oregon Wednesday, October 26, 1994 Land: That certain real pro perty located in the County of 1} tivar rtniteck Morrow, Oregon as more par 10.320* • 34" ticularly described on Exhibit A 5 . 4 * 0 * - 30 " attached hereto. 2) « U a r Syataa Branch Mainlines: Leases: Any and all leasehold 4,102' • 2*' interests, including subleases 4,080' • 20* and tenancies following attorn f.344' - 14- ment, including, without 4.370' • 14- limitation, the Western Lease (as hereinafter defined), and all Sl Sub»»* In* and Circi* Laterals: license agreements and other 20,*90* - 12- occupancy or use agreements 1 3 . * 3 5 ' • 10- (whether oral or written), now l i , 3 35' • •• or hereafter affecting or cover 1 , 74 5 * - 4 - ing any part of the Property, 1.8*0* - *■ and all options therefore, « no » tQUir-CsT am endm ents thereto and renewals, modifications and guarantees thereof, together Kalanazoo Band San with all rents, royalties, issues, Ouracraft Oriil Prats profits, revenues, income and 3 M . (aider Srinder other benefits of the Property 8 Ton Press arising at any time from or 1,000 lb. llackhavk Transmission Jack under such Leases (including, Lincoln 250 Welder without limitation, after the fil We'.oer Table uith Vise ing of any petition under any Anvil present or future Federal or Truck Wheel Puller state bankruptcy or similar law) Overhead 2T Lift from the use or enjoyment Vhitco Stean Cleaner thereof or from the Leases, in Motor Stand cluding, without limitation, any Small Table and all security or other 1 Ton llackhavk Soomer benefits granted in favor of the 4 Ton llackhavk Pickup Jack landlord thereunder to secure •attary Charger the performance of the tenant's 1.5 Ton llackhavk floor Jack obligations thereunder (in 1.5 Ton lapa floor Jack cluding, without limitation, any 5 Wood Cabinets and all of the following so ser Wayne 2 Cyl Air Compressor, Serial 4 N 515920 with 100 gallon tank 8 ving as security or collateral 15 8.P., C.E. Motor ftl 1412*44 (collectively, the "Lease Securi 12 fertilizer Pi*pt 8 fertilizer Tanks ty "): (i) all crops now or hereafter grown or growing on Description Size Roof Construction ihe Land, and all crops and Office Building 24'x24' Metal Frame farm products now or hereafter Shed with/Dipping Tank 40'x60' Comp. Steel Pole w/36'x24' Extention generated by the land (whether Dipping Tank, Settlement Tank, Pump & Fixtures Fructus Naturales or Fructus Shop 24'x40' Metal Frame Industriales (Emblements), in Pump Shed 10'xl8' Metal Frame 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 •Ep«iVr.:«rti*T3 Conservation Service, or any Construction Roof Size Type other governmental agency or Metal Metal 48* Z 60' Office department, whether federal, Metal Metal 60' Z 96* Shop state or local, any and all en Mood Frase Metal 14* Z 24* Scale Souse » titlements of Grantor, rights of Metal i*v 60ft. Truck Scale Grantor (including, without ffeod F» » i » Metal 65* Z 350* Qucnset limitation, the right to receive, Mood Frase Metal €5* Z 200* Quaaset directly or indirectly, payments Metal Metal 24« Z 38« Supply Storage whether in cash, such as defi Metal Metal 16 Storage Tasks 193/000 gallons ciency payments as provided (Ttl. Capacity) for in 7 C F B Section 1413, in kind or otherwise) under any contract or program or agree Fuel Pu=ps (elec.) and buried storage tanks (10,000 gallon ment with the United States gas 10,000 gal. diesel) 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 management or operation FINANCING STATEMENT rigation systems, tow lines, Service, or any other govern All of the Debtor's right, ti thereof, all trademarks, service hand lines, irrigation pipe, mental agency or department tle and interest now owned or marks, designs, logos, names 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 known or operated whether "Collateral"): cluding, without limitation, gram, or the development, registered or unregistered, and (a) Any and all property af 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 under such names, and any upon or within the Im wire; (iv) all crop protection statutory landlord's lien, (iv) related goodwill associated in provements which are so equipment and apparatus 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 counts, contract rights and under applicable real estate or general intangibles (including tric, gas and water lines and deposited under such leases. 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 nation awards or compensa limitation, transformers, circuit relating to the loan made by set forth in the Inventory which tion) arising out of or incident breakers, switch boxes, fuse 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 (b) The following personal the performance of the obliga property (other than Fixtures) cumbered hereby and all con pipe; and (d) Any and all of the tions relating to such loan products and proceeds of the now or hereafter located in, struction materials and sup Property: The Land; the Per upon or about or collected or plies, leasehold interests in per foregoing. sonalty; all estate, title, in Definitions: As used herein, terests, title reversion rights, used in connection with the sonal property, and all water the following terms shall have rents, increases, rights of way Property, together with all pre stock relating to, and all water sent and future attachments, rights appurtenant to the pro the following meanings relating or uses, additions, accretions, perty, contracturai rights for to such loan; servitudes, gaps, gores, liber accessions, replacem ents, the use of water (to the extent Agreements: Any and all ties, privileges relating to the substitutions and additions agreements, contracts, supply Land and all rights and thereto or therefor, and the such rights are assignable), drainage rights, and rights to contracts, reports, surveys, privileges thereof, including, cash and noncash products and receive or transport water to, maintenance agreements, pur without limitation, all minerals, proceeds thereof including, the Property, including, chase contracts, and govern oil, gas and other hydrocarbon without limitation: all proper 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 Agreements, all Leases and respect to the price thereof the Property, as the same may riparian, appropriative, or pur contracts related to or pertain under any contract with, or be amended or otherwise suant to state or federal en modified from time to time. ing to the Property and any and program administered by, the titlements or allotments, or Easement Agreements: Any otherwise and whether or not all guaranties thereof, all Lease State of Oregon Department of Water Resources or the Bureau and all ingress or egress appurtenant, Security relating to such including, of Reclamation. easements or agreements, Leases, all causes of action and without limitation, all the rights (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 Easements (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 personal property attached company which in any manner taining to the Property or the hereto as Exhibit B ri entitles Debtor to water for ir , » y ♦ g S t a t i Mg*l W i " 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 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 UCC-1 LOGAN FARMS, Inc., 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), new 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 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 5, 12, 19 and 27, 1994 __________ <
