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rate of interest which is legally permitted under applicable laws
and if such rate o! interest should exceed said maximum legal rata,
then said rate of interest shall bs automatically reduced to said
maximum legal rate aad Mortgages shall credit Mortgagor's account
with any such excess charged or paid.
Section 3.08. The provisions of this Mortgage shall be
construed according to the laws of the State of Florida, provided,
however, that the provisions of the Note secured hereby shall be
construed according to the laws of the Province of Ontario, Canada.
Section 3.09-. Any notice required or permitted to be
given by this. Mortgage or the Note secured hereby shall be given
or made in writing and shall be served personally or, other than
during a period of general interruption of postal service due to
strike, lockout or other cause, mailed in Canada or the United
States by prepaid, registered or certified mail: ~
(i) in the case of the Mortgagee, addressed to:
The Mercantile Bank of Canada
120 Adelaide Street West
Toronto, Ontario, Canada M58 1T2
- Attention: Barbara Dyke
t
s
with copies to:
t
James C. Davis, Esq.
Strikeman, Elliott,
Roberts & Bowman
Post Office sox 85 f .
Commerce Court West
Toronto, Ontario, Canada M5L 1B9
Paul W. A. Courtnell, Jr., Esq.
Gunster, Yoakley, Criser,
Stewart & Hersey, P. A.
272-A South County Road
Palm Beach, Florida 3480
(ii) in the case of the Mortgagor, addressed to: .
Burnac Produce, Inc.
li c/o Richard Bergman, Esq.
t Bergman & Jacobs
~ 1899 Northeast 164th Street
E North Miami Beach, Florida 33162
with copy toe
Martin Jacobson, Esq.
Burnett & Reim
Thomson Building
Suite 900 _
65 Queen Street West -
Toronto, Ontario, MSH 2M5
Canada
Any notice. given in accordance with the provisions of
this paragraph shell be deemed to be effective, if delivered, on
the date of such delivery, or, if mailed, upon the seventh day .
next following the date of mailing of such notice. Each party may
give notice to the other party of a change of its address for the
purposes of giving notice under this section which thereafter,
until changed-by like notice, shall be the address of such party
for all purposes of this Mortgage.
Section 3.10. Mortgagor shall reimburse Mortgagee upon
demand-for all reasonable out-of-pocket expenses directly or
indirectly incurred or to be incurred by Mortgagee hereunder or in
connection herewith, including the reasonable fees, expenses and
disbursements of its counsel incurred fn connection with the
preparation. of this Mortgage and all other documentation relating
hereto, including, without limitation, expenses of Canadian
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