SECURED PROMISSORY NOTE EXHIBIT 10.59 $188,000 February 28, 2001 San Francisco, California

             FOR VALUE RECEIVED, Shaman Pharmaceuticals, Inc., a Delaware corporation, (“Payor”) hereby unconditionally promises to pay to Anthony Conte, a individual, or order (“Holder”) in lawful money of the United States, at San Francisco, California, the sum of one hundred and eighty-eight thousand dollars ($188,000), with interest from the date hereof on the unpaid principal balance at the annual rate of ten percent  (10%) per annum.  The principal balance together with all accrued interest thereon, is due and payable on or before April 1, 2001 or the earlier sale of the collateral described in the Security Agreement described below.  There shall be no penalty for prepayment of all or part of the principal balance.

             This Note is the Note referred to in and is executed and delivered in connection with that certain Security Agreement dated as of even date herewith and executed and delivered by Payor in favor of Holder (as the same may from time to time be amended, modified, or supplemented or restated, the “Security Agreement”).  Additional rights of Payor are set forth in the Security Agreement.  The full amount of this Note is secured by the collateral identified and described as security therefor in the Security Agreement.  Payor shall not, directly or indirectly, create, permit, or suffer to exist, and shall defend the collateral against and take such other action as is necessary to remove, any lien on or in the collateral, or in any portion thereof, except as permitted pursuant to the Security Agreement.

             Each of the following events shall be an “Event of Default” hereunder:

                           (a)         Payor fails to timely pay any of the amounts due under this Note on the date the same becomes due and payable; or

                           (b)        Payor defaults on an obligation contained in this Note or Payor defaults under the Security Agreement;

                           Upon the occurrence of an Event of Default hereunder, all unpaid principal, accrued interest and other amounts owing hereunder shall, at the option of Holder be immediately due, payable and collectible by Company pursuant to applicable law.  Holder shall have all rights and may exercise any remedies available to it under law, successively or concurrently.

             Payor waives presentment and demand for payment, notice of dishonor, protest and notice of protest of this Note, and shall pay all costs of collection when incurred, including, without limitation, reasonable attorneys’ fees, costs and other expenses.

             The right to plead any and all statutes of limitations as a defense to any demands hereunder is hereby waived to the full extent permitted by law.

             This Note shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding conflict of laws principles that would cause the application of laws of any other jurisdiction.  Time is of the essence.