(1) A lien created under ORS 87.755 expires no later than the end of the 180th day after the date the lien attaches, unless the agricultural producer extends the lien by filing a notice of lien as provided in this section. If the agricultural producer extends the lien, the lien expires no later than 18 months after the date the lien attaches.
(2) At any time prior to expiration of the initial lien period, an agricultural producer may extend a lien created under ORS 87.755 by filing a notice of lien with the Secretary of State. The notice must be supported by affidavit and contain:
(a) A true statement of the demand of the agricultural producer after deducting all credits and offsets;
(b) The name of the person that purchased the grain from the producer;
(c) A description of the grain delivered or transferred by the producer sufficient to identify the basis for the lien;
(d) A statement that the amount claimed is a true and bona fide existing debt as of the date of filing the notice of lien;
(e) The date payment to the producer was originally due; and
(f) Such other information as the Secretary of State may require.
(3) If an agricultural producer files a notice of lien under this section, the producer shall send notice to all persons that have filed a financing statement under ORS chapter 79 that perfects a security interest in all or part of the inventory of the purchaser or the proceeds from the sale of the inventory. The notice to the secured parties must provide the same information contained in the notice required by subsection (2) of this section and be sent by certified mail, return receipt requested.
(4) The agricultural producer must send notice to other persons as required by subsection (3) of this section no later than the 20th day after filing the notice of lien. If the agricultural producer does not send a person notice within the required time, the lien created under ORS 87.755 becomes subordinate to that person’s perfected security interest in the inventory or proceeds of the purchaser.
(5) Notwithstanding ORS 174.120, for purposes of this section and ORS 87.772 and 87.777, if the last day of the period for performing an act is a Saturday, or a legal holiday as specified in ORS 187.010 and 187.020, the period runs until the end of the next day that is not a Saturday or legal holiday. [1981 c.446 §4; 2001 c.301 §19]
Section: Previous 87.730 87.735 87.736 87.740 87.750 87.755 87.760 87.762 87.765 87.767 87.770 87.772 87.775 87.777 87.780 NextLast modified: August 7, 2008