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ASSIGNMENT OF LEASE AS COLLATERAL ~~"'"'~{~C V~c~1 <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 or 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, absolute <br />or contingent, primary or secondary, liquidated or unliquidated, <br />or 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 the Board <br />of Education lands and funds of the State of Nebraska asLessor, <br />relating to the 1984 crop year {March 1, 1984 through February <br />28, 1985) and pertaining to the real estate described on Exhibit <br />"A" annexed hereto and by this reference incorporated herein <br />(which farm lease is hereinafter 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 />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, 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 <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 do, 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 WITNESS WHEREOF, Assignor has executed this Assign- <br />ment this ! ~ day of February, 1984. <br />-7°- ASSIGNOR <br />METTENBRINK FARMS, INC. <br />Bg,~'p'Ji,-..> .vim :~i ' 1>t,~_ <br />I t s{'~~+~_ <br /> <br /> <br />