Item A: Beam Development Purchase and Sale Agreement Terms

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5.10Injunctive Relief. In addition to, but not in lieu of, any other rights hereunder, Beneficiary shall have the right to institute suit and obtain a protective or mandatory injunction to prevent a breach or default of, or to enforce the observation by Grantor of the agreements, covenants, and terms, any condition contained herein. ARTICLE VI MISCELLANEOUS PROVISIONS 6.1Successors and Assigns Included in Parties. Whenever in this Deed of Trust one of the parties hereto is named or referred to, the successors and assigns of such party shall be included, and all covenants and agreements contained in this Deed of Trust by or on behalf of Grantor or by or on behalf of Beneficiary shall include their respective successors and assigns, whether so expressed or not. 6.2Invalid Provisions to Affect No Others. In case any one or more of the covenants, agreements, terms or provisions contained in this Deed of Trust or in the Note or in the other Loan Documents shall be invalid, illegal or unenforceable in any respect, the validity of the remaining covenants, agreements, terms or provisions contained herein and in the Note and in the other Loan Documents shall be in no way affected, prejudiced or disturbed thereby. 6.3Notices. Notices, statements and other communications to be given under the terms of this Deed of Trust shall be in writing and delivered by hand against written receipt or sent by certified or registered mail, return receipt requested, postage prepaid and addressed as provided in the cover page of this Deed of Trust, or at such other address as from time to time designated by the party receiving the notice. The date of mailing of such notices shall be deemed the effective date of service. 6.4Maximum Principal Amount. This Deed of Trust shall secure the payment of any additional amounts advanced, from time to time, by Beneficiary to Grantor under the Note or other Loan Documents stating that such advances are secured hereby. All advances made by Beneficiary with respect to the Premises for the payment of taxes, assessments, insurance premiums, costs incurred for the protection of the Premises and other costs which Beneficiary is authorized by this Deed of Trust or any other Loan Document to pay on Grantor's behalf, shall be secured by this Deed of Trust. 6.5No Merger. If both the lessor's and lessee's estates under any lease or portion thereof which constitutes a part of the Premises shall at any time become vested in one owner, this Deed of Trust and the lien created hereby shall not be destroyed or terminated by application of the doctrine of merger and, in such event, Beneficiary shall continue to have and enjoy all of the rights and privileges of Beneficiary as to the separate estates. In addition, upon the foreclosure of the lien created by this Deed of Trust on the Premises pursuant to the provisions hereof, any leases or subleases then existing and created by Grantor shall not be destroyed or terminated by application of the law of merger or as a matter of law or as a result of such foreclosure unless Beneficiary or any purchaser at any such foreclosure sale shall so elect. No act by or on behalf of Beneficiary or any such purchaser shall constitute a termination of any lease or sublease unless Beneficiary or such purchaser shall give written notice thereof to such tenant or subtenant. - 59 -