ARTICLE XVIII –  TRANSFER OR ASSIGNMENT

1.    Transfer or Assignment:  The Owner of a burial lot may, at any time, transfer this right to another person.  No transfer or assignment of any plot, or interest therein, shall be valid until evidence thereof is provided to the Cemetery and the change of Ownership is recorded in the Cemetery’s Records. This procedure is required in order that the Cemetery may at all times have a complete and accurate record of all Owners.  The Cemetery may refuse to consent to a transfer or to an assignment as long as there is indebtedness due the Cemetery from the Owner so recorded in the records of the Cemetery.

2.    Certificate Issued on Payment:  Upon having made a lot selection and full payment of fees and charges the clerk will issue interment rights which will give a certificate of burial rights for the Cemetery lot.  The sexton will then record the certificate in the Cemetery Records.

3.    Right of Succession:  The Owner of interment rights may dispose of same by will, subject to foregoing conditions.  If the Owner dies intestate the interment rights will descend to his or her heirs according to the laws of descent.

4.    Division of Burial Rights:  The subdivision of interment rights is not allowed without consent of the Cemetery.

5.    Form of Transfer:  All agreements for the assignment of Cemetery interment rights must be in a format acceptable to the Cemetery.  All terms and conditions for the assignment rights must be recited in the assignment contract: verbal agreements or representations will not be recognized.  All said agreements must provide for payment to Cemetery as applicable.

6.    Exclusions:  The lot Owner or the Owner’s legal representative may at any time designate in writing to the Cemetery Management who the Owner does or does not wish to be buried in the Owner’s lot or grave. Such notice, if not witnessed by the Cemetery, shall be notarized by a Notary Public.  Such designation may not be changed by subsequent Owners.

7.    Power of Attorney:  Power of Attorney to act for the Owner must be filed and recorded at the Cemetery office to become operative.

8.    Trading Up:  The Owner of an unused and unimproved burial lot may trade up for another lot in the Cemetery a previously purchased grave space for another grave space in the Cemetery, mausoleum crypt, lawn crypt or columbarium.  The value of the traded burial right(s) shall be that as set out in the aforesaid Buyback Provision.

9.    Recording Fee:  The Cemetery may charge a recording fee for all change of Ownership recordings.