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ASSIGNMENT OF LEASE AS COLLATERAL ~~ ~) ~ ~ ~~~ <br />~r <br />~ <br /> To secure the payment and performance of each and <br />f every debt, liability and obligation of every type and <br />E description which Mettenbrink Farms, Inc. ("Assignor") may <br /> now or at any time hereafter owe to Plorwest Bank Omaha South, <br /> N.A. t"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 Arlene <br /> Mettenbrink as Lessor, relating to the 1984 crop year (March 1, <br /> 1984 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 <br /> 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 />~ ~ s`~e `' ~~ I k~{- <br />Assignor covenants and agrees that, upon the occur- <br />rence of an Event of L'efault {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 tzue 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 irze- <br />V UC di71t.' . <br />IN WITNESS WHEREOF, Assignor has executed this Assign- <br />ment this __~ ~_ day of February, 1984. <br />ASSTGNOR,: <br />~TTENBRINK FARMS, INC. <br />3 „' <br />„~,~.~,~-sue <br />Its_ ,.__ <br /> <br /> <br /> <br />