Item A: Beam Development Purchase and Sale Agreement Terms

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take action either by such proceedings or by the exercise of its powers with respect to entry or taking possession, as Beneficiary may determine. 5.7Foreclosure by Power of Sale. Should Beneficiary elect to foreclose by exercise of the power of sale herein contained, Beneficiary shall notify Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and secured hereby as Trustee may require. Upon receipt of such notice from Beneficiary, Trustee shall cause to be given such notice of default as then required by law. Trustee shall, without demand on Grantor, after lapse of such time as may then be required by law and after notice of sale having been given as required by law, sell the Premises at the time and place of sale fixed by it in such notice of sale, either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including, without limitation, Grantor or Beneficiary, may purchase at such sale. 5.8Application of Indebtedness Towards Purchase Price. Upon any foreclosure sale, Beneficiary may bid for and purchase the Premises and Collateral, and upon compliance with the terms of sale, may hold, retain, possess and dispose of such property at its own absolute right without further accountability. Any such purchase shall permit Beneficiary to apply to the purchase price any portion of or all sums due to Beneficiary under the Note, the other Loan Documents and this Deed of Trust in lieu of cash, to the amount which shall, upon distribution of the net proceeds of such sale, be payable thereon. In the event the sale proceeds from a judicial foreclosure after payment of the expenses described in Section 5.2 hereof are not sufficient to satisfy all indebtedness secured hereby, Beneficiary shall be entitled to a judgment against Grantor in the amount of such deficiency. 5.9No Waiver of One Default to Affect Another, Etc. No waiver of any default hereunder shall extend to or shall affect any subsequent or other then existing default or shall impair any rights, powers or remedies consequent thereon. If Beneficiary (a) grants forbearance or any extension of time for the payment of any sums secured hereby; (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein or in the Note; (d) releases any part of the Premises from the lien of the Deed of Trust or otherwise changes any of the terms of the Note or Deed of Trust or any of the other Loan Documents; (e) consents to the filing of any map, plat or replat thereof; (f) consents to the granting of any easement thereon; or (g) makes or consents to any agreement subordinating to the lien or charge hereof, then and in each such case such act or omission shall not release, discharge, modify, change, or affect the original liability under the Note, Deed of Trust, the other Loan Documents or otherwise of Grantor or any subsequent purchaser of the Premises or any part thereof, or any maker, co-signer, endorser, surety or guarantor; nor shall any such act or omission preclude Beneficiary from exercising any right, power or privilege herein granted or intended to be granted in the event of any other default then made or of any subsequent default, nor, except as otherwise expressly provided in an instrument or instruments executed by Beneficiary shall the lien of this Deed of Trust be altered thereby. - 58 -