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such costs, with interest thereon at a rate equal to the greater of twelve percent (12%) per annum or the Interest Rate (but not, in any event, in excess of the highest rate then allowed by law), shall be payable on demand, and for such purposes the aggrieved Owner, and its employees, agents, contractors and representatives, shall have an easement to enter upon the Parcel of the defaulting Owner to do any work necessary to cure the default; and (ii) specific enforcement, injunctive relief, damages, or any other remedy available at law or in equity. Any action seeking one or more forms of relief shall not be a bar to an action at the same or subsequent time seeking other forms of relief nor to the filing and enforcing of a lien notice as provided in paragraph 9.d hereof. The costs of any such action, including reasonable fees of experts and attorneys of the prevailing Owner, shall be paid on demand by the Owner not prevailing, with interest thereon at a rate equal to the greater of twelve percent (12%) per annum or the Interest Rate, but not, in any event, in excess of the highest rate then permitted by law. Any delay in realizing, or failure to realize, on any remedy herein for a default hereunder shall not be deemed a waiver of that default or any subsequent default of similar or different kind, and no waiver of any right or remedy hereunder shall be effective unless in writing and signed by the person against whom the waiver is claimed. - d. Lien Notice: Foreclosure. If a defaulting Owner shall fail to pay any sums when due hereunder, the other Owner to whom such sums are due shall have a lien on the Parcel of the Owner owing such moneys and on any proceeds received or to be received by such Owner from insurance maintained by such Owner, and on any award or proceeds from taking by, or sale under threat of, eminent domain. The lien herein provided shall be effective from the date of recording of the Lien Notice hereina'ter described. Upon such recording, such lien shall be superior rnd prior to all other liens and encumbrances thereafter encumbering the interest of the Owner owing such moneys in and to the property involved, except only for general taxes and special assessment liens, and any first mortgage liens of record as of the recording of such Lien Notice, or any renewal, extension or modification of such prior recorded first mortgage liens. To evidence such lien, the Owner to whom such moneys are owed shall prepare a written notice ("Lien Notice") setting forth: (i) the amount owing and a brief statement of the nature thereof; (ii) the legal description of the Parcel involved; and (iii) reference to this Agreement as the source and authority for such lien. The Lien Notice shall be signed and acknowledged by the owner desiring to file the same and shall be recorded in the appropriate records of Ramsey County, Minnesota, and, if necessary, the Stote of Minnesota. Any such lien may be enforced by judicial foreclosure upon the Parcel to which the lien attached, in like manner as a mortgage on real property is judicially foic..luacu uiiucr the laws of the gate of Minnesota. In any foreclosure, the Owner against whose property the lien is being foreclosed shall be required to pay the costs, expenses and reasonable attorneys' fees in connection with the preparation and filing of the Lien Notice as provided herein, and all costs, expenses and reasonable attorneys' fees in connection with the foreclosure. Any additional amounts owing under this Agreement which are unpaid during such a foreclosure proceeding may be added as a claim in the foreclosure proceeding by an amendment of the complaint in foreclosure. The Owner filing such Lien Notice -7-