eTrade 2000 Annual Report Download - page 249

and regulations and will not generate, release, store, handle, process, dispose of or otherwise use any hazardous materials on or about
the Property, Trustor shall defend, indemnify and hold harmless Beneficiary and its officers, dire ctors and shareholders from and
against any and all claims, demands, penalties, causes of actions, fines, liabilities, settlements, damages, costs or expenses of whatever
kind or nature, known or unknown, foreseen or unforeseen, contingent or otherwise arising out of, or in any way related to (i) any
breach by Trustor of the provisions of this paragraph, (ii) the release, disposal, spillage, discharge, emission, leakage, generation,
release or threatened release of any hazardous materials in, on, under or about the Property, (iii) any personal injury arising out of or
related thereto or (iv) any violation of any such environmental laws or regulations. To the extent applicable, Beneficiary shall have all
the rights and remedies under California Code of Civil Procedure Sections 564(c) and 726.5 and California Civil Code Section 2929.5.
3. Events of Default . In addition to the defaults set forth in the Deed of Trust (which shall be deemed “Events of A cceleration” for
purposes of the Note), each of the following events shall also constitute an Event of Default:
a.Trustor shall become insolvent or generally shall not be paying its debts as they become due, as defined in the Bankruptcy Reform
Act, Title 11 of the United States Code, as amended from time to time (the “Bankruptcy Code”) or shall file a voluntary petition in
bankruptcy seeking to effect a plan or other arrangement with creditors or seek any other relief under the Bankruptcy Code or under
any other state or federal law relating to bankruptcy or other relief for debtors;
b.Any court or similar tribunal shall enter a decree or order appointing a receiver, trustee, assignee in bankruptcy or insolvency of
Trustor or of the Property or shall enter a decree or order for relief in any involuntary case under the Bankruptcy Code; or
c.The occurrence of any breach, default or failure under any other deed of trust, mortgage or other security agreement or interest
encumbering the Property.
d.The failure of Trustor to pay any principal or interest evidenced by that certain Note Secured by Deed of Trust (the “Note”) of even
date herewith from Trustor to Beneficiary, within five (5) days of the date so provided for therein;
e. The failure by Trustor to perform or comply with any other material obligation, covenant or condition contained in this Deed of
Trust within ten (10) days following written notice from Beneficiary of such failure; or
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f. If any hazardous materials are found in, on, under or about the Property, or if Trustor becomes subject to any proceeding or
investigation pertaining to the release by Trustor or any other person of any hazardous materials into the environment or to any
violation of any environmental laws and Trustor fails to cure the same within such time as may be provided by applicable law.
“Trustor”
Dennis Lundien
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STATE OF CALIFORNIA )
COUNTY OF )
2002. EDGAR Online, Inc.