ARTICLE XIX – LOT SALES
1.    Statute of Frauds:  All lots sold and the use of such lots is subject to the Rules and Regulations of the Cemetery now in effect or any amendments thereto. Any statements of employees or agents, unless confirmed in writing by the Cemetery Management, shall in no way bind the Cemetery.

2.    Pricing:  Cost of Cemetery lots, perpetual care, burials and all Cemetery operations shall be set by the Directors.

3.     Sales:  All sales are final.

4.    Perpetual Care:  Individuals purchasing Cemetery lots are advised that the perpetual care for these lots is to be paid at the time of the final purchase. Any monies paid to the Cemetery for the purchase of a Cemetery lot shall first be credited to the cost for the perpetual care as soon as the purchase is final.

5.    Records:  Descriptions of lots shall conform with the Cemetery plats which are kept on file in the Cemetery Office

6.    Interment Rights Space: Burials shall be on lots of sufficient size to accommodate the burial. Size of lot shall be determined by Cemetery Management. In cremation burials, urns are permitted to be placed in the lot area occupied by a casket burial if sufficient space is remaining for the urn burial.  Cemetery Management will make the determination if there is space remaining on the lot, and will determine where the urn is to be placed on the lot.

7.    Certificate:  A Certificate of Ownership shall be prepared for each sale of an interment right. The purchase of a plot or the issuance of a Cemetery Certificate does not transfer Ownership of property but is transferring the right of burial of human remains on that land.

8.    Availability of Rules and Regulations:  A copy of these Rules and Regulations is available to the public and to every purchaser of a plot(s).

9.    One Interment per Space with Purchase: A single burial right per space for one human person is included in the purchase.  Additional cremain burial rights may be purchased within each space and having only flush monument use.

10.    Tree and Bench Memorials:  Purchase of a plot beside or near an existing or proposed tree or bench location does not obligate the purchaser or preclude another from purchase of memorialization of that tree or bench.

ARTICLE XVIII –  INTERMENT
1.    Compliance with Law:  Besides being subject to these Rules and Regulations, all interments and removals are made subject to the orders and laws of the properly constituted authorities of the Cemetery, county and state.

2.    Cemetery Compliance:  All interments, disinterments and removals must be made at the time and in the manner and subject to such charges as fixed by the Cemetery.

3.    Outer Container Structural Soundness: Every earth traditional interment shall be made enclosed in an outer container of concrete; the structural design and installation shall be sufficient to withstand frequent and typical Cemetery equipment loads from above it.

4.    Outer Container Performance:  Cemetery is not responsible for approval or performance of outer burial container including permanency, durability, strength and sealability.

5.    First Come, First Served:  In joint tenancy, the first to die has the right of burial within the lots owned by joint tenancy; however, all joint tenants must agree on which burial right is used if multiple burial rights exist in joint tenancy.

6.    Temporary Condition: When instructions regarding the location of an interment space in a lot cannot be obtained, or are indefinite, or when, for any reason, the interment space cannot be opened where specified, the Sexton may, in his discretion, open it in such location in the lot as he deems best and proper, so as not to delay the funeral; and the Cemetery shall not be liable in damages for any error so made.

7.    Instructions:  Detailed written instruction are desired by the Sexton, and the Cemetery shall not be responsible for any order given verbally or by telephone, or for any mistake occurring from the want of precise and proper instructions as to the particular space, size and location in a plot where interment, disinterment or removal is desired.

8.    Correction of Errors:  The Cemetery reserves and shall have the right to correct any errors that may be made by it either in making interments, disinterments or removals, or in the description, transfer or conveyance of any interment property, including but not limited to, either by canceling such conveyance and substituting and conveying in lieu thereof, or the interment property of equal value and similar location as far as possible or as may be selected by the Cemetery, or, in the sole discretion of the Cemetery, by refunding the amount of money paid on account of such purchase. In the event such error shall involve the interment of the remains of any person in such property, the Cemetery reserves, and shall have, the right to remove or transfer such remains so interred to such other property of equal value and similar location as may be substituted and conveyed in lieu thereof.

9.    Disclaimer of Liability: The Cemetery shall in no way be liable for any delay in the interment of a body where a protest to the interment has been made, or when the Rules and Regulations have not been complied with; and, further, the Cemetery reserves the right, under such circumstances, to place the body in a receiving vault until the full rights of the parties have been determined. The costs of any such temporary placement shall be born by party seeking interment. The Cemetery shall be under no duty to recognize any protests of interment unless they are in writing and filed in the office of the Board.

10.    Identity of Person: The Sexton shall not be liable for the interment permit nor the identity of the person sought to be interred.

11.    Payment: No interment shall be permitted or memorial placed in or on any property not fully paid in each and every case.

12.     Interments per Space:  Unless expressly stated otherwise, each purchase of interment rights is for one body per single space only.  Additionally interment rights sometimes may be available within a space for additional purchase, subject to the sole discretion and availability of space of the Cemetery.  For additional purchase, in addition to one traditional burial, up to one cremains may additionally be placed in one plot except in the special areas designated solely for cremains where only one set of cremains may be placed in each plot.  Only one vertical monument is allowed per burial space, and then, only where permitted by the Cemetery.  Additional cremain burials may be memorialized using flush surface monuments.  For mausoleum crypts: (a) no more than one casket and one cremation urn or two cremation urns may be entombed in an individual mausoleum crypt, or (b) no more than two caskets and one cremation or one casket and two cremation urns or three cremation urns may be entombed in any companion mausoleum crypt. For lawn crypts: (a) no more than one casket and one cremation urn or two cremation urns may be entombed in a single depth lawn crypt, or (b) no more than two caskets and one cremation urn or one casket and two cremation urns or three cremation urns may be entombed in a double depth lawn crypt.

13.    Human Restriction: No interment of any body, or the cremated remains of any body, other than that of a human being, shall be permitted in the Cemetery.

14.    Records: The number of burial rights sold on any lot will be recorded on the burial certificate when the lot and interment rights are purchased.

15.    Placement: No grave shall be placed in an irregular appearance with graves on the same or adjoining lots.

16.    Owner Verification: All orders for interments in lots must be approved by the Owner of the lot or the Owner’s legal representative. When this is impossible because of illness or other reasonable cause, fax or telephone permission will be accepted but will make the person calling responsible and any change of location made after the opening is begun shall be at the expense of the lot Owner. Should the lot Owner fail or neglect to make such designation, the Cemetery reserves the right to make interment in accordance with normal Cemetery procedure. The Cemetery assumes no responsibility for any error in such location and an additional charge will be made for any change requested.

17.    Mistaken Opening: If Cemetery management receives direction from a lot Owner or funeral home to open a grave site, and then a change is made after the site is opened, an additional charge will be assessed to the Owner or funeral home making the initial request.

18.    Exclusive Service: Cemetery personnel or designated contractual services hired by the Cemetery will be the only workers permitted to open and close graves.

19.    Prior Permission of Cemetery Required:  No bodies shall be buried or interred within or on any lot in the Cemetery unless previous arrangements have been made with and permission given by the Cemetery.

20.    Canopies: At this time the Cemetery does not provide a canopy for graveside use.

21.     Unauthorized Cremains: The Cemetery disavows all responsibility and liability therefor, and the Owners, their next of kin, and all others using, knowingly or not, the Cemetery hereby waive any and all duty upon the Cemetery, and otherwise agree to hold the Cemetery harmless, including the cost of its legal defense and reasonable attorneys cost, arising from any unauthorized cremains in the Cemetery. Increasingly, cremains are divided, dispersed, made into jewelry, lost in whole or part, co-mingled, placed in caskets of others, scattered on burial locations of others, deliberately or clandestinely disposed, legally or not, and otherwise handled in such a way as to render difficult or impossible an accurate accounting of their complete and final dispensation, often including the absence of appropriate next of kin authorization and control of the cremains. Any cremains, in whole or part, finding its way into the Cemetery absent an express pre-authorization and release by the prerequisite next of kin of the decedent to the Cemetery beforehand, whether placed allegedly with knowledge or not of the Cemetery, has no standing or rights, forevermore upon the Cemetery for anything arising from the unauthorized cremains, including but not limited to; memorialization thereof, disinterment or dis-inurnment, claim or liability asserted by its next of kin or others upon the Cemetery, acknowledgment in the Cemetery records, decoration rights, visitation rights, etc. All such unauthorized cremains finding their way into the Cemetery, by any means, shall be considered a criminal trespass upon the Cemetery by it, the person(s) who committed the trespass, and its next of kin thereafter as relates to the unauthorized cremains. The Cemetery, in the strongest expression of words possible, hereby disavows all responsibility, duty and liability arising from such unauthorized cremains in the Cemetery.

ARTICLE XVII – HOURS OF OPERATION
1.    Visitation Hours:  The Cemetery will open for visitation from sunrise to sunset daily.

2.    Public on Cemetery Grounds:  No person shall be allowed in the Cemetery after visitation hours without first securing permission from the Cemetery Management.

ARTICLE XVI – GENERAL SUPERVISION OF CEMETERY
All persons, vehicles and funerals within the Cemetery are subject to the control and order of the Board, Sexton and his/her assistants.

ARTICLE XV – FUNERAL REGULATIONS
1.    Cemetery Direction: All funerals, interments and inurnments within the Cemetery grounds shall be under the direction of the Cemetery Management.

2.    Grave Location:  Graves must be located by the family or its representative, with verification to be made by the Cemetery.

3.    Outer Containers:  Concrete vaults are required for all traditional in-ground interments, and non-degradable containers are required for all cremations.

4.    Hours of Operation:  The Cemetery will be open for interment from 10:00 a.m. to 4:00 p.m. Monday through Saturday, except major holidays.

5.    Notice: Notice of funerals with exact location of the grave must be given to the Cemetery Management at least forty-eight (48) hours in advance of the burial.

6.    Charges: All charges made for grave spaces, burials, entombments, inurnments, removals or other services or activities shall be in accordance with the most recent schedule of charges established by the Cemetery.

7.    After Hours Operation:  An additional charge shall be made for any burial service in which the burial vault, mausoleum crypt or columbarium niche is not sealed by 4:00 p.m. These additional charges are a part of the rate schedule adopted from time to time by the Cemetery.  There will be an extra charge for all funerals on Saturday after noon and processions arriving after 3:00 P.M. weekdays.  Holidays include: Memorial Day, July 4th, Labor Day, Thanksgiving Day, Christmas Day, and New Year’s Day.

8.    Open Casket:  Once a casket containing a body is within the confines of the Cemetery, no funeral director nor his embalmer, assistant, employee, or agent shall be permitted to open the casket or to touch the body without the consent of the legal representative of the deceased or an order signed by a Court of Competent Jurisdiction.

9.    Authority to Reschedule:  The Cemetery Management may refuse to make an interment until a more expedient time if too many funerals are scheduled to arrive at the same hour or when the weather is prohibitive.

ARTICLE XIV – FEES, CHARGES AND PAYMENTS
1.    Cost Schedule:  The following cost schedule is in effect and applicable to the Cemetery.  The payment of all fees and charges shall be made at the Cemetery Management Office where receipts and proper title will be issued for all amounts paid.  All pricing is subject to change without notice. All sales are final.

Traditional Burial Space          starting at $1,700 /ea
Traditional Cremain Burial Lots        $700 / ea
Baby Land Burial Space            AT CAPACITY
Lawn Crypt double occupancy lot        $3,100/ double occupancy
Second Burial Rights        $600
Interment – Ground       $1600
Interment – Infant (under 36″ in length)      $500
Interment – Cremains (ground, niche, bench, etc.)     $700
Interment After-Hours Charge (Sat. after 2pm)    $300 additional
Oversized Vault  $200 additional
Monument Foundations            $150 / sf ($300 minimum)
Change of Records Recording fee        $250 / ea
Monuments and Markers            contact Cemetery for pricing

2.    Minimum Payment:  Unless by special promotion, a minimum payment of eight percent (8%) must be received to reserve a lot.  Lot prices will remain fixed during the payment term from the date of receipt of first payment so long as payments are timely received.

3.    Installment Buying:  three (3), five (5), ten (10) year, or some variation thereof, time payment finance terms at ten (6%) annual interest are available, without credit verification, with the Cemetery for the purchase of one or more burial spaces.

4.    Trading Up:   Purchasers of interment rights may change their selection to property of equal or greater value at any time so long as there are no improvements made to the property. If the selection is to property of greater value, the purchaser will be charged the difference in price between the original purchase and the current cost of their new purchase plus a Change of Recording fee and Certificate issuance fee by the Cemetery.

5.    Condition of Sale and Use:  Every lot or grave space is sold subject to the Rules and Regulations now in force or hereafter adopted.

6.    Payment before Use:  In the event a burial is to be made where the lot, mausoleum crypt, cremation niche, lawn crypt, interment, entombment, inurnment, vault or vault placement has been purchased on installment, the balance of the purchase price plus any interest due of that lot, mausoleum crypt, cremation niche, lawn crypt, interment, entombment, inurnment, vault or vault placement must be paid in full before burial may take place. Installment payment, when received, will first go toward the payment of the grave space and then, when applicable, interment/entombment/inurnment, vault placement, vault purchase, foundation or marker. In the event a burial is to be made where the monthly installment contract is in default and a balance due remains, the current purchase or service price or charge, as adopted by the Cemetery, shall be the rate charged for Cemetery purchases or services.  No offset for prior default is available.

7.    Default:  Cemetery lot Ownership records will not show that the lot has been purchased until payment is made in full for the lot.  No monuments or markers will be allowed to be placed on the lot or space until complete payment is made according to the contract. In case the purchaser of said property shall fail to meet all payments within thirty days after the same are due the Cemetery, then the Cemetery may reenter said property and hold the same as its former estate. The Cemetery, thereupon, shall be released from all obligations thereunder, and it may retain such payments as may have been made toward the purchase of such property as liquidated damages.

ARTICLE XI – CREMAINS & COLUMBARIUMS
1.    Columbariums:  Only private columbariums are available at this time.

2.    Ownership:  Columbarium niches are sold for the inurnment of human remains only. Ownership is comprised of burial rights in each niche space as conveyed on the Burial Rights Certificate issued by the Cemetery to the Owner. The Burial Rights Certificate shall be issued to the Owner upon payment in full for the columbarium niche(s).

3.    Inurnment rights:  Inurnment rights purchased from the Cemetery are for inurnment purposes only and not for speculation or investment.

4.    Inurnment of more than one person:  Only one inurnment may be made in each single niche and only two inurnments may be made in each double or companion niche.

5.    Memorial Inscription:  Memorialization of each niche front shall be by name plate only. The name plate and the inscription for each niche must be approved by the Cemetery Management. Only one name plate shall be allowed on each niche. Double or companion niches will allow for two inscriptions.  The Information engraved on a Columbarium Cover must at a minimum include the full legal name, date of birth, date of death of any individual interned there in. Additional information, and terms of endearment, will be allowed within the limitations of engraving text size and font as determined by the Cemetery Management.

6.    Above Ground Inurnment containers:  Inurnments may be made only in approved containers of proper size for columbarium niches. Cremated remains must be in a non biodegradable, unbreakable container made of concrete, plastic or metal. Urns composed of paper, cardboard, plastic bags, glass, ceramic, wood or any other material deemed unacceptable by the Cemetery Management will not be accepted for inurnment.

7.    Liability:  The Cemetery is not liable for damages to the container or cremains during inurnment or disinurnment.

8.     Cremain Burial Plots:  Cremain burial plots specifically designed for use as cremain burials are designated on the Cemetery plats and now available for sale in the Cemetery.  Each plot shall have one burial only.  Flat surface monuments only are permitted.

9.    Infants:  No infants or small children may be buried in cremains section unless cremated.

10.    Disinterment:  Disinterment of cremated remains shall follow the same rules as for disinterment of a body.

11.    Scattering ashes:  The scattering of ashes in the Cemetery poses a hazard to its employees and is not permitted.  Future and protected scattering gardens for such purpose are under design.

12.    Cremains of Next of Kin may be enclosed within a deceased’s casket so long as all paperwork and fees are completed no less than 48 business hours prior to burial.

ARTICLE X – CONTROL OF WORK WITHIN CEMETERY
1    Grading and Plantings:  All grading, landscaping and improvements of any kind, and all care on plots shall be done, and all trees and shrubs and herbage of any kind shall be planted, trimmed, cut or removed only by the Sexton.  If any trees or shrubs situated on any lot, shall, by means of their roots or branches, become detrimental to the adjacent lots or avenues, or unsightly or inconvenient for visitors, the Cemetery shall have the right to enter the said lot and remove said trees or shrubs or such parts thereof as they shall determine to be detrimental, unsightly or inconvenient.

2    Opening and Closings:  All openings and closing of plots, and all interments, disinterments and removals shall be made by Cemetery personnel only.

3    Alterations:  Improvements or alterations of individual property in the Cemetery shall be under the direction of and subject to the consent, satisfaction and approval of the Sexton and, should they be made without his/her written consent, he/she shall have the right to remove, alter or change such improvements or alterations at the expense of the lot Owner, or, in any event, at any time, if in his judgment, they become unsightly to the eye.

4    Permission for Work and Liability for Damages:  No person shall perform any work within the Cemetery except with the permission of and in accordance with the directions of Cemetery Management. Any person causing damage within the Cemetery shall be liable to the Cemetery for such damage. Any person performing work in the Cemetery without permission shall be liable to the Cemetery for the cost of restoring the Cemetery to the condition that it was in before the work was done.