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$4 ---~i0Q728 <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 deecrip- <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 unliqui:dated, or <br />joint, several or joint and several, Assignor hereby assignee, <br />transfers and conveys all of its right, title and. interest in <br />and to a certain farm lease between it, as Lessee, and Gary R. <br />Mdttenbrink, John D. Mettenbrink, Lynn Mettenbrink and Carol A. <br />York as Lessors, relating to the 1984 crop year (March 1, 1984 <br />through February 28, 1985} 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 />F 3~ c:c-~c:> ~~t ( ~1} <br />Assignor covenants and agrees that, upon the occur- <br />rence of an Event of Default {as defined in a certain February <br />~, 1984 Loan Agreement between Assignor and Assignee) and, at <br />the option of Assignee, upan 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 native or demand and without <br />resort to judicial proceedings of any kind. For these purposes, <br />Assignor hereby constitutes and appoints Assignee as its true <br />and lawful attorneyinfact with full power of substitution to do, <br />perfoz~n and exercise all rights of Assignor under the Lease and <br />otherwise to do, perform and exercise all 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 FARMB~, INC. <br />I t~J ...•••TTTTTT <br /> <br />u <br /> <br /> <br />