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<br />NORWEST BANK NEBRASKA, NATIONAL ASSO(:IATiON ASSIGNMENT OF
<br />,•. LEASES AND RENT
<br />89...;
<br />This Assignment, made this`. _ 2 day of June 1B 89 by and
<br />between_. Heartland A _&ri_Supplyp_. Inc.
<br />_�__�
<br />( "Assignor'), and NORWEST BANK NEBRASKA, NATIONAL ASSOCIATION ("Assignee").
<br />W/TNESSETH:
<br />It is agreed as follows:
<br />Definitions. As used in this Agreement:
<br />A. ' Mortgage "shall mean that certain Deed of Trust in the principal sum
<br />of $_ 216,000.00 dated
<br />executed by Heartland AgriL_8u.p_ly, Inc. , as Truster, to NORWEST BANK
<br />NEBRASKA, NATIONAL ASSOCIATION, as Beneficiary, upon the real estate and improvements
<br />described in Exhibit "A", which is prov .e oa�nd by this reference incorporated herein.
<br />B. "Note" shall mean that certain rmce secured by the 5216, QQ E?0
<br />Deed of Trust, executed contemp-craneovsly therewith by _Uert1aACAZr_L uDply, Inc
<br />as maker, and XORV EST BANK NEBRASKA,
<br />NATIONAL A SSO0A TiON.- js payee, and secured by the Deed of Trust.
<br />C. "Loan " as hereihafterr Used. shall mean the loan in the amount of 216, 000._90
<br />........ ........ as evidenced by tfte. rpere and secured by the Deed of Trust, as wet/ as any other
<br />securing instrunTerrm
<br />NOW, THEREFORE, for and ur consideration of the making and funding of said Loan, and for
<br />o0ter goaO. and valuable consideratron, the receipt whereof is hereby acknowledged, Assignor, for itself,
<br />ICS! successors. Personal representativps hairc and a cianc, irac harnainarr; en/rri t.�nrfe ,0d, =igr_d�.
<br />conveyed, set over and delivered, and by these presents does hereby bargain, sell, transfer, assign, and
<br />convey as security for the repayment of the above described indebtedness and the payment and per-
<br />formance of all of the terms and conditions of the Note and Mortgage evidencing the same, and any
<br />and all amendments, extensions and renewals thereof, all Icases rrcw or hereafter executed affecting
<br />the Mortgaged Premises, and all rents, issues, profits and rrrcorne and sums of money which may now
<br />or hereafter be or become due and owing under and by virtue of said leases, it being the intention
<br />hereby to establish a.complete transfer and assignment of the leases hereby assigned arit all the avails
<br />thereunder unto the Assignee, i,4s`s;nccessors and assigns, together With the right, but without. the
<br />obligation, to collect all of the sa:7d'rents, issues, profits and income arising or-accruing, or which may
<br />become due at any time during the life of this Assignment. Assignor further agrees, upon demand
<br />thereof, to deliver to acrd deposit said leases with Assignee.
<br />Assignor hereby designates, constitutes and appoints Assignee, its successors arm assigns, with
<br />full power of substitution, its true and lawful attorney with power for it and in its name, place and
<br />stead, for in the name. of Assignee, to ask, demand, collect, receive, receipt and give full and com-
<br />plete acquittances for any and all rents, issues, profits and income hereby assigned which may become
<br />due and payable by : Essees or other occupants of the Mortgaged Premises; and at its discretion to fife
<br />any claim or take any other action or proceeding to make any see ttoment of any claim, either in its ,
<br />own name or in the name of Assignor, or otherwise, whidr the Assignee, or any successor may efeem
<br />desirable in order to cal' %ect and enforce the,payment of any and all rents, issues, profits and income
<br />herein assigned. The lessees and occupants of the Mortgaged Premises, or any part hereof, are - hereby
<br />expressly authorized and directed to pay W/ rents and sums herein assigned which would rne.�r .�alrlp to Assignor, except fir this Assignment, to the Assignee;, and to transmit and deliver such payMerrr
<br />to the Assignee or such - nominee as it may designate in writing, delivered to and received . bk, s'crch
<br />lessee or occupant, vrr 6 is expressly relieved of any and all duty, liability or obligation ra. the
<br />Assignor in respect ofall payments so made.
<br />Assignee shall be, and hereby is, vested with full power to use all such measures, legal and
<br />equitable, as in its discretion may be deemed necessary or proper to enforce this Agreement and
<br />to collect the rents, issues, profits and income assigned hereunder, including the right to enter upon
<br />the premises and to take possession thereof, and Assignor hereby grants full power and authority
<br />to the Assignee to exercise all rights, privileges and powers herein granted at any and all times here-
<br />after, without notice to Assignor, with full power to use and apply all of the rents, issues, profits and
<br />income herein assigned to the Payments of any indebtedness or liability of the Assignor to the
<br />As5rgnee, in such order as Assignee may detrrmrne.
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