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84000725
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Last modified
11/18/2008 4:40:35 PM
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11/18/2008 4:40:30 PM
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84000725
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84 -''~ja07~5 <br />ASSIGNMENT OF LEASE AS COLLATERAL <br />To secure the gayment and performance of each and <br />every debt, liability and obligation of every type and descrip- <br />tion which Mettenbrink Farms, Inc. ("Assignor") may now or at <br />any time hereafter owe to Norwest Bank Omaha South, N.A. <br />("Assignee"}, whether such debt, liability or obligation now <br />exists or is hereafter created or incurred, and whether it is or <br />may be direct or indirect, due or to become due, absolute or <br />contingent, primary or secondary, liquidated or unliquidated, or <br />joint, several or joint 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 Genevieve <br />Lyhand as Lessor, relating to the 1984 crop year (March 1, 1984 <br />through February z8, 1995) and pertaining to the real estate <br />described on Exhibit "A" annexed hereto and by this reference <br />incorporated herein (which farm lease is hereinafter referred to <br />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 />~PrSH RkNT 31~~~,,~ 49,75 ,{ <br />Assignor covenants and agrees that, upon the occur- <br />rence of an Event of Default (as defined in a certain February <br />. 1Z, 1984 Laan 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 all rights of <br />Assignor under the Lease and otherwise take possession of the <br />real estate and equipment, inventory, farm products and crops <br />located thereon without further notice or demand and without <br />resort to judicial proceedings of any kind, For these gurposes, <br />Assignor hereby constitutes and appoints Assignee as its true <br />and lawful attorneyinfact with full power of substitution to do, <br />perform and exercise all rights of Assignor under the Lease and <br />otherwise to da, perform and exercise alI things which Assignor <br />may have undertaken thereunder. This appointment is a power <br />coupled with an interest and is irrevocable. <br />IN WITNESS WHEREOF, Assignor has executed this Assign- <br />ment this _~ day of February, 1984. <br />ASSIGNOR: <br />METTENBRINK FARMS, INC. <br />Its_,,, .~T <br /> u <br />~ ~ <br /> <br />
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