Item A: Beam Development Purchase and Sale Agreement Terms

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(a)a default under the terms of the Note or any other Loan Document, after the expiration of any applicable grace periods; (b)Grantor, any affiliate of Grantor or any guarantor of the Note is in default, after the giving of any required notice, under any other note, security agreement, lease agreement or lease schedule, loan agreement, guaranty or other agreement, whether now existing or hereafter made, between Grantor, any affiliate of Grantor or any guarantor of the Note and Beneficiary; (c)a default in the payment of any amount due hereunder on its due date; (d)if there shall be default in the due observance or performance of any non- monetary provision of this Deed of Trust; (e)if Grantor shall make an assignment for the benefit of its creditors; (f)if a custodian, liquidator or trustee shall be appointed for Grantor or if any action is commenced by or against Grantor under the Federal Bankruptcy Code, or any similar federal or state statute, or if any proceeding for the dissolution or liquidation of Grantor shall be instituted and, if such appointment, adjudication, petition or proceeding was involuntary and not consented to by Grantor, upon the same not being discharged, stayed or dismissed within 60 days; (g)if any material representation or warranty of Grantor made in this Deed of Trust or the Note or in any certificate or other writing delivered pursuant hereto or thereto, shall prove to be incorrect in any material respect as of the time when the same shall have been made; and (h)if any guarantor of the Note shall permit any of the items set forth in subparagraphs (d), (e), or (f) above to occur with regard to such guarantor or such guarantor dies or is dissolved and Grantor fails to provide to Beneficiary a substitute guarantor reasonably acceptable to Beneficiary, within 60 days. ARTICLE V REMEDIES 5.1Rights of Beneficiary After Default. Upon the occurrence of an Event of Default, Beneficiary shall: (a)have the option to declare the Note, the other Loan Documents and all sums secured hereby immediately due and payable, and further may proceed immediately to foreclose this Deed of Trust by judicial action as a mortgage or by notice and sale as authorized by applicable law and to exercise all other rights under this Deed of Trust, the Note, the other Loan Documents or any other controlling document; (b)have all the rights and remedies of a secured party under the Uniform Commercial Code of those states governing disposition of the Collateral in the Event of a - 55 -