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84000724
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Last modified
11/18/2008 4:40:30 PM
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11/18/2008 4:40:26 PM
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DEEDS
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84000724
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$~ ~aG0724 <br />ASSIGNMENT OF LEASE AS COLLATERAL <br />To secure the payment and performance of each. and <br />every debt, liability and obligation of every type and <br />description which Mettenbrink Farms, Inc. ("Assignor") may <br />now oz at any time hereafter owe to Norwest Bank Omaha South, <br />N.A. ("Assignee"), whether such debt, liability or obligation <br />now exists or is hereafter created or incurred, and whether it <br />is or may be direct or indirect, due or to become due., absohute <br />or contingent, primary or secondary, liquidated or unliquidated, <br />or joint, several or }oi.nt and several, Assignor hereby assigns, <br />transfers and conveys all of its right, title and interest in <br />and to a certain farm lease between it, as Lessee, and Henry <br />Mettenbrink Testamentary Trust as Lessor, relating to the 1984 <br />crop year (March I, 1989 through February 28, 1985} and pertaining <br />to the real estate described on Exhibit "A" annexed hereto and <br />by this reference incorporated herein (which farm lease is here- <br />inafter referred to as the "Lease"). <br />Assignor hereby represents and warrants that it has <br />entered into the Lease, that the Lease is valid and subsisting, <br />that the Lease covers the real estate described on Exhibit "A" <br />annexed hereto and that the terms of the Lease are as follows: <br />tRfi N RE,w i - ~te7j ~~, ~1,~$y <br />_ ~ t C~ c;~-.c~ ~~~~~/ <br />Assignor covenants and agrees that, ugon the occur- <br />rence of an Event of Default (as defined in a certain February <br />_j~ 1989 Loan Agreement between Assignor and Assignee) and, at <br />the option of Assignee, upon the expiration of ten (10) days <br />notice to Assignor, assignee may enter upon the real estate <br />covered by the Lease, take up, assume and exercise a1I rights <br />of Assignor under the Lease and otherwise take possession of <br />the real estate and equipment, inventory, farm products and <br />crops located thereon without Further notice or demand and <br />without resort to judicial proceedings of any kind. For these <br />purposes, Assignor hereby constitutes and appoints Assignee as <br />its true and lawful attorney-in-fact with full power of sub- <br />stitution to de, perform and exercise all rights of Assignor <br />under the Lease and otherwise to do, perform and exercise all <br />things which Assignor may have undertaken thereunder. This <br />appointment is a power coupled with an interest and is irre- <br />vocable. <br />IN .4ITNESS L3~iEREOF, Assignor has executed this Assign- <br />ment this D,~ day of February, 1984. <br />ASSIGNOR: <br />:~'IETTENIIRINK FARMS, INC. <br />I t:~ ~,~~ <br /> <br />U <br />J <br /> <br />
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