Item A: Beam Development Purchase and Sale Agreement Terms

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expenses incurred by Beneficiary in making such disbursements and reasonable building inspections. 1.7Maintenance, Compliance With Law, Alterations. Grantor shall keep the Premises and the Collateral in good condition and repair and shall comply with all laws, ordinances, and regulations of all public authorities relating to the Premises and the Collateral, comply with all easements, declarations, covenants and any other private agreements imposing duties or obligations on owners or occupants of the Premises, and shall not suffer any waste to be committed thereon nor remove or demolish any building. Grantor shall permit Beneficiary to enter upon the Premises and inspect the Premises and Collateral at all reasonable hours and without prior notice. Grantor shall not cause or permit any improvements to be materially altered or changed without the prior written consent of Beneficiary to the proposed action, as well as Beneficiary's prior written consent to the plans and specifications relating thereto. Grantor shall not consent to any subdivision or partition of the Premises or any zoning change or variance affecting the Premises without the prior written consent of Beneficiary. 1.8Condemnation. In the event any of the Premises or the Collateral, or any part thereof, shall be damaged or taken by reason of any public improvement or condemnation proceedings, Grantor agrees that such proceeds or awards shall be payable to Beneficiary to be applied against the outstanding balance of principal, interest and other charges owing (regardless of whether then payable) under the Note, the other Loan Documents and this Deed of Trust. Should said proceeds exceed said balance owing, any such excess shall be paid to Grantor. All such proceeds and rights of action are hereby assigned to Beneficiary, and Beneficiary shall be entitled, along with Grantor, to commence, appear in and prosecute any action or proceedings or to make any compromise or settlement in connection with any such taking or damage. Grantor agrees to execute such further assignments of any such proceeds and rights of action as Beneficiary may require. 1.9Protection of Premises and Collateral. Grantor will from time to time execute and deliver all such supplements and amendments hereto and other instruments, and will take such other action, as Beneficiary reasonably requests and reasonably deems necessary or advisable to (a) grant to Beneficiary all of the Premises and the Collateral, as security; (b) maintain or preserve the lien of the Deed of Trust or carry out more effectively the purposes hereof; and (c) preserve and defend title to the Premises and the Collateral and the rights of Beneficiary therein against the claims of all persons and parties. 1.10Expenses. Grantor agrees to pay or reimburse Beneficiary, upon demand therefor, for all reasonable attorneys' fees, costs and expenses incurred by Beneficiary in any suit, action, legal proceeding or dispute of any kind in which Beneficiary is made a party or appears as a party plaintiff or defendant, affecting the indebtedness secured hereby, this Deed of Trust or the interest created herein, or the Premises, including, but not limited to any action to protect the security hereof; and any such amount paid by Beneficiary shall be added to the indebtedness secured by the lien of the Deed of Trust. 1.11Books, Records, Accounts and Annual Reports. Grantor shall keep and maintain proper and adequate books, records and accounts reflecting all items of income and expense, including all supporting facts relating to the operation of the Premises and the - 49 -