Item A: Beam Development Purchase and Sale Agreement Terms

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2.2Representations and Warranties. Grantor represents, warrants and agrees that: (a) the Collateral secured hereby is, or is to be used by Grantor primarily for business purposes and not for personal, family or household purposes; (b) except for the security interest granted herein, Grantor is the owner of the Collateral free from any prior liens, security interest or encumbrance and will defend the Collateral against all claims and demands of any and all persons at any time claiming the same or any interest therein; and (c) no financing statement covering the Collateral is on file at any public office. 2.3No Disposition of Personal Property. Grantor will not make, suffer or permit, without the prior written consent of Beneficiary, any sale, conditional sale, transfer, or lease of any fixtures, apparatus, machinery, equipment or personal property comprising the Collateral, except in the ordinary course of business and if replaced with like-kind Collateral that is free and clear of all liens and security interests in favor of third parties. 2.4Financing Statements. Grantor authorizes Beneficiary to prepare and file one or more financing statements (including amendments and continuation statements) pursuant to the Uniform Commercial Code as enacted by any applicable State, in form satisfactory to Beneficiary to perfect or continue the perfection of the security interests granted herein and Grantor agrees to pay the cost of filing in all public offices wherever filing is deemed necessary by Beneficiary. A photocopy of this instrument may be filed as a financing statement at the election of Beneficiary. This Deed of Trust shall constitute a fixture financing statement. ARTICLE III ASSIGNMENT OF LEASES AND RENTS 3.1Assignment. Grantor hereby assigns to Beneficiary the Leases and Rents as security for performance of all obligations secured by this Deed of Trust. 3.2Representations, Warranties and Covenants Pertaining to Leases. Grantor represents, warrants, covenants, and agrees with Beneficiary as follows: (a)The sole ownership of the entire lessor's interest in the Leases and Rents is vested in Grantor, and that Grantor has not, and shall not, perform any acts or execute any other instruments which might prevent Beneficiary from fully exercising its rights under any of the terms, covenants and conditions of this Article III. (b)No Leases (including any guaranties of such Leases) shall be materially altered, modified, amended, terminated, cancelled or surrendered nor any material terms or conditions thereof be waived without Beneficiary's prior written consent. (c)No Leases shall be entered into except upon a lease form previously approved in writing by Beneficiary and following such leasing parameters as established from time to time by Beneficiary, in its reasonable discretion. (d)There are no defaults by the lessee or the lessor now existing under any Leases and there exists no state of facts which, with the giving of notice or lapse of time or both, would constitute a default under any of the Leases. - 52 -