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of the performing Owners' actions as promptly as possible. An Owner who exercises its rights under this Section 7 without giving the thirty (30) day notice and opportunity to cure described in Section 8 is not entitled to recover and does not have a lien for its costs it incurs to in undertaking the emergency repairs, snow removal or debris removal pursuant to the self-help provisions of Section 8 but may, notwithstanding its failure to give the thirty (30) day advance written notice of default as contemplated in Section 8, commence an action in Anoka County District Court against the party responsible under this Agreement for the performance of the repairs and in such action pursue any and all remedies available at law or in equity including, but not limited to the commencement of one or more actions seeking monetary damages, injunctive relief and specific performance. In any such action, the prevailing party shall be entitled to recover its reasonable attorney fees and costs. 8. Default. If Owner defaults in the performance of one or more of its obligations under this Agreement or in the observance of one or more of the restrictions set forth in this Agreement and such default continues for thirty (30) days after another Owner delivers a written notice of default to the defaulting Owner, the non -defaulting Owner may commence an action in Anoka County District Court to pursue any and all remedies available at law or in equity including, but not limited to the commencement of one or more actions seeking monetary damages, injunctive relief and specific performance. In any such action, the prevailing party shall be entitled to recover its reasonable attorney fees and costs. If an Owner responsible for maintenance, repairs and replacements under Section Sections 2.A(ii), 2.B(ii) or 2.C(ii) of this Article III defaults in the performance of its obligation to maintain, repair or replace pursuant to Sections 2.A(ii), 2.B(ii) or 2.C(ii) of this Article III, another Owner gives the defaulting Owner a notice of default as contemplated in this Section 7 and the defaulting Owner fails or refused to cure its default within the thirty (30) day period provided for in this Section 7, the Owner who provided the notice of default may perform the obligations of the defaulting Owner or may engage a third party to perform the obligations of the defaulting Owner and shall be entitled to recover its costs of performance from other Owners in accordance with the terms of this Agreement. If an Owner fails or refuses to pay amounts due under Section 3(B) of this Article III when and as due and fails or refuses to cure its default within the thirty (30) day period provided for in this Section 8, the Owner entitled to payment under Section 3(B) shall have and is entitle to foreclose a lien against the defaulting Owner's Lot; provided, however, the lien may only be foreclosed by action and in the same manner as the foreclosure of a mortgage by action, under Minnesota Statutes Chapter 581. 9. Amendments. Except as provided in this Section 9, neither this Agreement nor the easements granted and declared herein may be amended, modified or terminated except by recording in the appropriate County land records of Anoka County, Minnesota a written agreement that all of the Owners of all of the Lots have executed. The Owners of all of the Lots that the West Access Easement either benefits or burdens may, without notice to or the consent of the Owners of other Lots, modify or amend the legal description of the West Access Easement by recording in the appropriate County land records of Anoka County, Minnesota a written modification agreement or amendment that all of the Owners of the Lots benefitted or burdened Lots have executed. An Owner of a Lot that the Storm Sewer Easement burdens may, without notice to or the consent of the Owners of other Lots, relocate the Storm Sewer Improvements located on that Owner's Lot and unilaterally amend this Agreement to relocate the boundaries of the portion of the Storm Sewer Easement located on the Owner's Lot provided: (1) the Owner 9 4873445v8