Item A: Beam Development Purchase and Sale Agreement Terms

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under any federal or state law indicating past or present treatment, storage or disposal of a hazardous waste, or reporting a spill or release of a hazardous or toxic waste, substance or constituent, or other substance into the environment; (v) hazardous waste or substance has not been disposed of by placing it in or on the ground of the Premises; and (vi) there are no underground storage tanks or surface impoundments on the Premises. (b)Promptly after learning of the occurrence of any of the following, Grantor shall give Beneficiary oral and written notice thereof, describing the same and the steps being taken by Grantor with respect thereto: (i) the happening of any event involving the spill, release, leak, seepage, discharge or cleanup of any hazardous or toxic waste, substance or constituent; (ii) any litigation, arbitration proceeding, or governmental proceeding arising from an environmental accident; (iii) notice that Grantor's operations on the Premises are not in compliance with requirements of applicable federal, state, or local environmental, health and safety statutes and regulations; (iv) notice that Grantor is subject to federal or state investigation evaluating whether any remedial action is needed to respond to the release of any hazardous or toxic waste, substance or constituent, or asbestos or other substance from the Premises into the environment; or (v) notice that the Premises are subject to a lien in favor of any governmental entity for (A) any liability under federal or state environmental laws or regulations or (B) damages arising from or costs incurred by such governmental entity in response to a release of a hazardous or toxic waste, substance or constituent, or other substance into the environment. 1.15Wetlands. Grantor hereby covenants and represents that, (a) to the best of Grantor's knowledge, it is in compliance with all federal, state, and local laws relating to "Wetlands" as defined in 33 C.F.R. § 328.3, as hereinafter amended, and in any comparable state and/or local law, statute or ordinance, rule or regulation pertaining to such Wetlands, and (b) Grantor shall not perform or cause to be performed any excavation or fill activity or other acts which would in any way destroy, eliminate, alter, obstruct, interfere with or otherwise affect any Wetlands. 1.16Access Laws. Grantor hereby covenants and represents that (a) to the best of its knowledge, it and the Premises are in compliance with the Americans With Disabilities Act and all rules and regulations pertaining thereto and all state and local statutes, ordinances, rules, and regulations relating to access by disabled persons, and (b) Grantor shall at all times hereafter continue to comply with all such requirements. ARTICLE II SECURITY INTEREST IN COLLATERAL 2.1Security Agreement. Grantor and Beneficiary do hereby agree and declare that this Deed of Trust shall constitute a security agreement and Grantor hereby grants Beneficiary a security interest in each and every item of the Collateral for the purpose of securing payment and performance of all obligations secured by this Deed of Trust. The remedies for any violation of the covenants, terms and conditions of the Note, the other Loan Documents and this Deed of Trust shall be (i) as prescribed in this Deed of Trust; (ii) as prescribed by general law; or (iii) as prescribed by the specific statutory consequences now or hereafter enacted and specified in the said Uniform Commercial Code, all at Beneficiary's sole election. - 51 -