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party its actual attorneys’ fees and costs for services rendered to the prevailing party in any such action (including any appeal thereof). B. Performance and Reimbursement. Upon a default hereunder, in addition to the Maintaining Owner adding delinquent amounts to the Common Expenses as provided in Section 5 hereof, the Owner providing the Default Notice may remedy such default by payment or performance (the “Curing Owner”). Any Owner that pays another Owner’s delinquent amounts of Common Expenses as provided in Section 5 hereof shall be deemed to be a Curing Owner. The defaulting Owner shall immediately reimburse the Curing Owner for all reasonable costs incurred by the Curing Owner to remedy the default, which amount shall bear interest at the lesser of (a) eighteen percent (18%) per annum or (b) the maximum rate permitted to be charged under Minnesota law until paid and include the Curing Owner’s costs and attorneys’ fees associated remedying the default. C. Lien. Each Owner shall have a lien in its favor upon the Lot of an Owner who is in default of this Agreement to secure all amounts (including interest) incurred under Section 10.B. The lien provided for in this Agreement shall only be effective when filed for record by a Curing Owner as a claim of lien against the defaulting Owner in the office of the County Recorder (or the Registrar of Title for Torrens property) in and for Hennepin County, Minnesota, signed and verified, which claim of lien shall contain the following as well as any other information required by law in order to make the lien effective under the Minnesota mechanic lien laws: (1) A statement of the unpaid amount of costs and expenses; (2) A description sufficient for identification of that Lot of the defaulting Owner which is the subject of the lien; (3) The last known name and address of the Owner or reputed Owner of the Lot which is the subject of the lien; and (4) The name and address of the lien claimant. The lien may be enforced in accordance with the mechanic lien law of the State of Minnesota. Upon payment in full (prior to foreclosure) of the amounts necessary to satisfy the lien together with all applicable interest due thereon, the Curing Owner shall promptly cause to be recorded a further notice stating the satisfaction and release of the lien against the defaulting Owner’s Lot. Any lien provided for herein shall be subordinate to the lien of any first mortgage filed of record against any Lot prior to the filing of any such lien. D. No Waiver. No delay or omission of any Owner in the exercise of any right accruing upon any default shall impair any such right or be construed to be a waiver thereof, and every such right may be exercised at any time during the continuance of such default. A waiver by any Owner of a breach or a default of any of the terms and conditions of this Agreement shall not be construed to be a waiver of any subsequent breach or default of the same or any other provision of this Agreement. Except as otherwise specifically provided in this Agreement, no remedy provided in this Agreement shall be exclusive, but each shall be cumulative with all other remedies provided in this Agreement and at law or in equity. 49