Item A: Beam Development Purchase and Sale Agreement Terms

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First: To the payment of all reasonable costs and expenses of Beneficiary (including fees and expenses of its agents and counsel) incurred or accrued in connection with (a) the operation, maintenance or repair of the Premises and the Collateral and any and all businesses operated thereon; (b) any proceedings brought by Beneficiary; and (c) any sale (public or private) or other disposition of the Premises and the Collateral. Second: To the payment of all amounts as provided for in the Note and this Deed of Trust, and the other Loan Documents, whether for principal, interest or otherwise, in whatever order Beneficiary, exercising its sole discretion, may elect. Third: To the payment of any surplus to Grantor or any other person legally entitled thereto. 5.3Rights Cumulative. All rights and remedies from time to time conferred upon or reserved to Beneficiary are cumulative, and none is intended to be exclusive of any other. No delay or omission in insisting upon the strict observance or performance of any provision of this Deed of Trust, or to exercise any right or remedy, shall be construed as a waiver or relinquishment of such provision, nor shall it impair such right or remedy. Every right and remedy may be exercised from time to time and as often as deemed expedient. 5.4Appointment of Receiver. If an Event of Default shall occur, then with or without the filing of judicial proceedings to foreclose this Deed of Trust or otherwise to enforce the rights of Beneficiary, Beneficiary, to the maximum extent permitted by law, and without prior notice to Grantor, shall be entitled as a matter of right to the appointment of a receiver or receivers of the Premises and the Collateral, pending such proceedings, with such powers as are conferred upon Beneficiary herein and as shall be conferred by the court making such appointment; but notwithstanding the appointment of any receiver, trustee, or other custodian, Beneficiary shall be entitled to the possession and control of any cash, or other instruments at the time held by, or payable or deliverable under the terms of this Deed of Trust to Beneficiary. The receiver may serve without bond if permitted by law. Beneficiary's right to the appointment of a receiver shall exist whether or not apparent value of the Premises and Collateral exceeds the indebtedness by a substantial amount. Grantor hereby irrevocably consents to the appointment of a receiver on the terms set forth herein. Employment by Beneficiary shall not disqualify a person from serving as receiver. 5.5Suits to Protect the Premises and the Collateral. Beneficiary shall have power: (a)To institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Premises by any acts which may be unlawful or a violation of the Deed of Trust; and (b)To preserve or protect its interest in the Premises and in the income, revenues, rents and profits arising therefrom. 5.6Beneficiary's Power of Enforcement. If an Event of Default shall have occurred, Beneficiary may, either with or without entry or taking possession as hereinabove provided or otherwise, proceed by suit or suits at law or in equity or by any other appropriate proceeding or remedy (a) to foreclose this Deed of Trust as a mortgage and to sell, as an entirety or in separate lots, units or parcels, the Premises and the Collateral, under the judgement or decree of a court or courts of competent jurisdiction; and (b) to pursue any other remedy available to it, all as Beneficiary shall deem most effectual for such purposes. Beneficiary shall - 57 -