Item A: Beam Development Purchase and Sale Agreement Terms

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(e)Each of the Leases shall remain in full force and effect irrespective of any merger of the interest of lessor and any lessee under any of the Leases. (f)Grantor has not accepted and will not accept any Rents under any Leases for more than 30 days in advance of their due dates. (g)Grantor upon request, from time to time, shall furnish to Beneficiary a rent roll and lease abstract in such reasonable detail as Beneficiary may request, certified by Grantor, of all Leases relating to the Premises, and on demand, Grantor shall furnish to Beneficiary executed copies of any and all such Leases. (h)Grantor has not previously sold, assigned, transferred, mortgaged, pledged, or granted a security interest in the Leases or Rents. Grantor agrees to neither create nor permit any lien, charge, or encumbrance under its interest in the Leases and Rents. (i)In the event any Lease is rejected in any proceeding under the Federal Bankruptcy Code or any other federal, state, or local statute, no damage settlement shall be made without the prior written consent of Beneficiary. Grantor will request that any check in payment of damages for rejection or termination of any such Lease will be made payable both to Grantor and Beneficiary. Grantor hereby assigns any such payment to Beneficiary. (j)Grantor will timely perform and observe all terms, covenants, conditions and agreements contained in any Lease which are required to be observed and performed by Grantor. 3.3Assignment Absolute. This assignment of Leases and Rents is absolute and is effective immediately. Notwithstanding the foregoing, until an Event of Default under Article IV hereof has occurred, and has not been cured, Grantor may receive, collect, and use the Rents accruing from the Premises. 3.4Right to Collect. Upon the occurrence of an Event of Default, Beneficiary may, at its option, without notice to Grantor, receive and collect all Rents as they become due, from the Premises and the leasehold interest therein and under any and all Leases of all or any part of the Premises. Beneficiary shall thereafter continue to receive and collect all Rents, as long as such Event of Default shall exist, and during the pendency of any foreclosure proceedings, and if there is a deficiency, during any redemption period. 3.5Attorney-in-Fact. Grantor hereby irrevocably appoints Beneficiary its true and lawful attorney with full power of substitution and with full power for Beneficiary in its own name and capacity or in the name and capacity of Grantor, from and after any Event of Default not having been cured, to demand, collect, receive, and give complete acquittances for any and all Rents accruing from the Premises or the leasehold interest therein, and at Beneficiary's discretion to file any claim or take any other action or proceeding and make any settlement of any claims, in its own name or otherwise, which Beneficiary may deem necessary or desirable in order to collect and enforce the payment of the Rents. Lessees of the Premises are hereby expressly authorized and directed to pay any and all amounts due Grantor pursuant to the Leases directly to Beneficiary or such nominee as Beneficiary may designate in writing delivered to and - 53 -