RULES AND REGULATIONSOF MOBILE MEMORIAL GARDENS, INC.

Transcription

1 RULES AND REGULATIONSOF MOBILE MEMORIAL GARDENS, INC. IMPORTANT GENERAL INFORMATION 1. ADMISSION TO CEMETERY 2. SUPERINTENDENT IN CHARGE OF FUNERAL 3. CASKET NOT TO BE DISTURBED 4. SUBJECT TO LAWS, RULES AND REGULATIONS 5. TIME AND CHARGES 6. HOLIDAYS 7. NOTICE 8. APPLICATION FOR INTERMENT 9. LOCATION OF INTERMENT SPACE 10. ORDERS GIVEN BY TELEPHONE 11. ERRORS MAY BE CORRECTED 12. DELAYS IN INTERMENTS CAUSED BY PROTESTS 13. NOT RESPONSIBLE FOR PERMIT OR FOR IDENTITY 14. RIGHTS AND REMEDIES WHEN PAYMENTS ARE IN ARREARS 15. INTERMENT OF MORE THAN ONE BODY 16. INTERMENT FOR MEMBERS OF THE HUMAN RACE 17. INTERMENT IN CHURCH OR LODGE PLOT 18. CORPORATION=S EQUIPMENT USED AT OPTION OF THE CORPORATION 19. REMOVAL FOR PROFIT PROHIBITED 20. MAY OBTAIN LARGER PLOT 21. CARE IN REMOVAL 22. PAYMENT OF SERVICE CHARGES 23. TITLE AND INTERMENT RIGHTS OF PLOT OWNERS 24. PLOT IN INALIENABLE BY INTERMENT 25. DESCENT OF RIGHT OF INTERMENT 26. TRANSFERS; CONSENT OF CORPORATION REQUIRED 27. INDEBTEDNESS 28. PAYMENTS ON TRANSFER 29. WORK TO DONE BY CORPORATION 30. SUPERINTENDENT MUST DIRECT AND REMOVE IMPROVEMENTS 31. CERTAIN ORNAMENTS PROHIBITED 32. CUT FLOWERS 33. RIGHT TO REPLAT, REGRADE AND USE PROPERTY. 34. NO RIGHT GRANTED IN ALLEYWAYS 35. TRESPASSERS ON CEMETERY PLOTS 36. TRAFFIC RULES 37. CHILDREN 38. FLOWERS, ETC. 39. PLOT OWNERS BOUND BY RULES AND REGULATIONS 40. LOITERING ON GROUNDS 41. LOUD TALKING 42. AUTOMOBILES 43. BICYCLES AND MOTORCYCLES 44. FIREARMS 45. NOTICES AND ADVERTISEMENTS 46. DOGS 47. IMPROPRIETIES 48. SUPERINTENDENT TO ENFORCE RULES 49. CORPORATION NOT RESPONSIBLE 50. INTERMENTS 51. INTERMENT CHARGES 52. MARKING OF GRAVES

2 53. PLOT OWNERS MUST NOTIFY CORPORATION 54. PROVISIONS RELATING TO ENDOWMENT OR PERPETUAL CARE 55. BRONZE MARKERS ONLY MAY BE USED 56. CORPORATION MUST APPROVE BRONZE MANUFACTURER 57. GRAVE MARKERS-FURTHER PROVISIONS 58. VAULTS 59. STATEMENT OF SALES AGENTS 60. EXCEPTIONS AND MODIFICATIONS 61. AMENDMENTS 62. GENERAL RULES 63. CHANGES IN FEES, PRICES AND CHARGES 64. VETERANS SECTION 65. MASONIC SECTION

3 RULES AND REGULATIONS OF MOBILE MEMORIAL GARDENS, INC. IMPORTANT GENERAL INFORMATION Mobile Memorial Gardens, Inc. is a non-profit cemetery corporation, holding an exemption under the federal income tax laws. It has no stockholders. All of its earnings are dedicated to the protection and enhancement of the cemetery property and other charitable purposes. It is governed by a Board of Trustees elected in accordance with Articles of Incorporation and By-Laws. This booklet contains the rules and regulations, as revised and re-adopted September 8,1982. Readers are cautioned to inquire at the office of the Corporation with respect to changes since that date, as it is not practical to distribute copies of changes to all lot owners. The captions to the numbered paragraphs are to serve as a guide to the reader and are not part of the paragraph, nor do they purport to refer to every provision therein. Also, the paragraphs are not mutually exclusive. Therefore, it is necessary to be familiar with every provision of the rules and regulations in order to interpret them correctly. As it is not possible for every contingency to be expressly covered by the rules and regulations, the interpretations placed on them in any given instance by the chief executive officer (subject only to review by the Board of Trustees) shall be final and conclusive. The rules and regulations, and such interpretation thereof, shall be uniformly applied, without discrimination, under normal circumstances, subject to exceptions where warranted by exceptional circumstances. For the proper government of the cemetery property and business, and the mutual protection of those persons owning or purchasing interment rights there rules and regulations of Mobile Memorial Gardens, Inc. have been adopted and all such persons and visitors within the cemetery, and crypts heretofore or hereafter sold, are and shall be subject to said rules and regulations, and subject, further, to such other additional rules and regulations, amendments or alterations as shall be adopted by Mobile Memorial Gardens, Inc. from time to time. Reference to such rule and regulations in instruments conveying right of interment, shall have the same force and effect as if same were set forth in full therein. DEFINITIONS: Where the word plot or lot owner, purchaser of plot or lot or plot purchaser, are used in these rules and regulations, the same shall be taken to mean the persons named in a certificate or instrument executed and delivered by the Corporation entitling such persons to right of interment in lot or plot in Mobile Memorial Gardens, Inc., and the person or persons to whom the right of interment under such certificate or instrument has lawfully passed in accordance with these rules and regulations or otherwise by operation of law. The word crypt where used herein shall mean any unit of entombment. However, except where the context requires otherwise, reference herein to a plot A or A lot shall be construed to include crypts also. The word interment where used herein shall be construed to also mean entombment in the Mausoleum. The word corporation where used here shall mean Mobile Memorial Gardens, Inc. The word cemetery shall mean the park as established and maintained by Mobile Memorial Gardens, Inc. The words Memorial Park or Park shall mean the area devoted to interment of the human race, and known as Mobile Memorial Gardens. The word superintendent shall be deemed to include any employee of the Corporation who may be performing the duties or functions of that office. The words certificate of ownership or deed shall be construed to refer to instrument conveying right of interment in lots in Mobile Memorial Gardens, or entombment in Mobile Memorial Gardens. 1. ADMISSION TO CEMETERY Mobile Memorial Gardens, Inc. is a private corporation, and it reserves the right to refuse admission to anyone not a plot owner, and to refuse the use of the Cemetery facilities at any time to any person or persons whom the management may deem objectionable. 2. SUPERINTENDENT IN CHARGE OF FUNERAL

4 All funerals, on reaching the Cemetery, shall at the option of Mobile Memorial Gardens, Inc. and with respect to the interment ceremonies, be under the charge of the Superintendent or his assistants, subject to the orders of the chief executive of the corporation. 3. CASKET NOT TO BE DISTURBED Once a casket containing a body is within the confines of the cemetery, no funeral director, employee, or agent, shall be permitted to open the casket or touch the body without the consent of the person or persons having legal control of the disposition of the remains, and all heirs at law, and next of kin. If the right to open the casket is exercised and the purpose is to view the body, the casket must be opened and closed before it is placed over the grave. 4. SUBJECT TO LAWS, RULES AND REGULATIONS Besides being subject to these rules and regulations, plots, crypts, property, property rights and matters covered herein, and all interments, disinterments and removals are made subject to the orders and laws of the properly constituted authorities of the City of Mobile, County of Mobile and State of Alabama, and to the Certificate of Incorporation and By-Laws of the Corporation. 5. TIME AND CHARGES All interments, disinterments, and removals must be made at the time and in the manner and upon such charges as fixed by the Corporation. 6. HOLIDAYS The Corporation shall have the right, as its option, to refuse to make interments, disinterments or removals on Saturday, Sunday, or holidays. 7. NOTICE The right is reserved by the Corporation to insist upon at least twenty-four hours notice prior to any interments, and at least one week's notice prior to any disinterments or removals. 8. APPLICATION FOR INTERMENT The Corporation reserves the right to refuse interment in any plot, and to refuse to open any burial space for any purpose, except on written application by the plot owners of record, and duly filed in the office of the Secretary of Mobile Memorial Gardens, Inc. 9. LOCATION OF INTERMENT SPACE When instructions regarding the location of an interment space in a plot cannot be obtained, or are indefinite, or when for any reason the interment space cannot be opened where specified, or when, in the opinion of the Superintendent, the same has been improperly designated, the Superintendent may, in his discretion, open it in such location in the plot as he deems best and proper, and Mobile Memorial Gardens, Inc. shall not be liable in damages for any errors so made, or for opening such space in location other than specified by plot owner. 10. ORDERS GIVEN BY TELEPHONE Mobile Memorial Gardens, Inc. shall not be held responsible for any order given by telephone, or for any mistake occurring from the want of written, precise and proper instructions by plot owners as to the particular space, size and location in a plot where interment is desired. 11. ERRORS MAY BE CORRECTED; LIABILITY LIMITED Mobile Memorial Gardens, Inc. 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, either by canceling such conveyance and substituting and conveying in lieu thereof other interment property of equal value and similar

5 location as far as possible, or as may be selected by the Corporation, or, in the sole discretion of Mobile Memorial Gardens, Inc. by refunding the amount of money paid on account of said purchase. In the event such error shall involve the interment of the remains of any person in such property, Mobile Memorial Gardens, Inc. reserves, and shall have, the right to correct such error by removing and transferring such remains so interred to such other property of equal value and similar location as may be substituted and conveyed in lieu thereof. Correction of error as aforesaid, or offer to so correct, if said offer be rejected, shall be in lieu of all other claims of plot owner. Provided, further, that no lot owner or lot salesman, whether such salesman be employed by Mobile Memorial Garden, Inc. or any selling agency, and no other employee of Mobile Memorial Gardens, Inc. other than the Superintendent of the Park, shall under any circumstances give or have authority to give to laborers or employees of Mobile Memorial Gardens, Inc. directions in connection with the opening of a grave on any lot located in Mobile Memorial Gardens, and it shall be the duty of the owner of said lot, or owner of right interment therein, before such owner shall have the right to require opening of such grave space, to designate the space to be opened with particularity, and in writing, signed by such owner, and delivered to the Superintendent: and in the event such owner shall fail to designate the space to be opened, as aforesaid, such opening, if and when made, shall be at the sole risk of said lot owner. In case the Superintendent of the Park, with or without such written designation by the owner, causes grave space to be opened at the wrong place, whether upon owner's lot or another, the Corporation shall have the right to delay the interment until the proper grave space is opened, or, at the option of the lot owner, temporary burial is made in the grave space opened in error, as aforesaid, and thereafter, at the sole cost, expense and convenience of the Corporation, removal may be made to the proper lot or grave space. In no event, in the absence of written designation by owner of grave space to be opened as hereinbefore provided, shall the Corporation be liable for any damages for opening grave space as the wrong place, or for delaying the interment of a deceased person, or for interment in wrong location: and in case of error, in the following the written instructions of the lot owner respecting the opening of such grave space, and/or making interment therein, the Corporation shall be liable only for the cost and expense incurred in opening the grave space in the wrong location, and, in case interment is made therein and removal thereafter made to the proper location, the cost of making such removal and re-interment. 12. DELAYS IN INTERMENTS CAUSED BY PROTESTS The Corporation shall be in no way liable for damages for any delay in the interment of a body where a protest, just or unjust, to the interment has been made, or where the rules and regulations have not been complied with, or where lot has not been paid for, or where the body is not accompanied by proper burial permit; and, further, said Corporation reserves the right, under such circumstances, to refuse to accept such body for interment, or if it has one, it may place the body in its receiving vault until all rights of parties have been determined. The Corporation, at its option, may refuse to recognize any protests of interments unless in writing and filed in the office of the Secretary of the Corporation. 13. NOT RESPONSIBLE FOR PERMIT OR FOR IDENTITY The Corporation shall not be liable for the interment permit nor for the identity of the person sought to be interred. 14. RIGHTS AND REMEDIES WHEN PAYMENTS ARE IN ARREARS No interment shall be permitted in any property as to which the plot owner is in arrears in the payments as expressly provided in the written purchase agreement applicable to such plot, except by special consent of the Corporation in writing in each case. In the event such special consent is given, and all interments placed in said property shall be considered as temporary, and a note shall not be considered as payment, and no rights shall be acquired by the plot purchaser until such property is fully paid for in cash, including principal and interest; provided, however, that if, prior to cancellation by the Corporation of the contract, a death occurs at a time when there has been sufficient payment of principal to cover the pro rata portion of the purchase price of that part of the space(s) (or lot) to be occupied by one interment, then permanent interment therein shall be permitted. In the event that special consent has been given for a temporary interment, the Corporation shall have the right at any time thereafter, upon five (5) days' notice to the last known address of the person or persons named in the contract of purchase, to remove to a single grave to be selected by the Corporation the remains of the person interred in such temporary location, and to remove any memorial placed thereon, without liability for damages for the removal of such remains or of such memorial. Except as otherwise expressly provided in the written contract of sale applicable to such plot, in the event of default of any payment or of performance of any other obligation by the purchaser(s) under such contract, the Corporation shall have the right, at its election, to any one or more of the following: (I) to waive the default without prejudice to its right to declare a default later as to the same or any subsequent default; (ii) to grant an extension of time or to renegotiate the contract terms; (iii) to accelerate the obligation and demand payment in full, and to sue for and recover the same in accordance with the contract provisions; (iv) to cancel the contract and to retain any or all payments theretofore received as

6 liquidated damages, in which event the Corporation shall stand released of all obligation to the purchaser(s) in the contract, and shall have the right to sell the interments rights covered by the contract to other purchasers(except as to any grave space in which there has been a permanent interment in accordance with the foregoing provisions of this rule). 15. INTERMENT OF MORE THAN ONE BODY Not more than one body, or the remains of more than one body, shall be interred in one grave or vault, unless such grave or vault has been purchased with the written agreement of the Corporation or under a program authorized by the Corporation permitting more than one body to be interred, and provided proper identification is made of such interment or interments on one memorial or marker. 16. INTERMENT FOR MEMBERS OF THE HUMAN RACE 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. 17. INTERMENT IN CHURCH OR LODGE PLOT When a plot is owned by a religious or fraternal organization, interments shall be limited to the actual members of that organization, and to their husbands and wives, and to immediate members of families of members provided that the Corporation shall be entitled to rely on the written designation by the organization. 18. CORPORATION=S EQUIPMENT USED AT OPTION OF THE CORPORATION Tents, artificial grass, lowering devices, and other equipment owned by the Corporation, shall, at the option of the Corporation, be used exclusively in making interments, disinterments and removals. 19. REMOVAL FOR PROFIT PROHIBITED Removal, by the heirs, of a body, so that the plot or crypt may be sold for profit to themselves, or removal contrary to the expressed or implied wish of the original plot owner, as determined by the Corporation, will not be allowed. Under no circumstances shall removal be allowed without the consent of the Corporation. 20. MAY OBTAIN LARGER PLOT A body, or cremated remains, may be removed from its original plot to a large or better plot in the Cemetery, when there has been an exchange or purchase for that purpose. 21. CARE IN REMOVAL The Corporation shall have no liability for damage to anybody, vault, casket or burial case or urn incurred in making a removal, interment or disinterment except in case at gross negligence, and then only for the cost of repair. 22. PAYMENT OF SERVICE CHARGES The charges for the Cemetery services must be paid at the time of the order of interment or disinterment and removal. 23. TITLE AND INTERMENT RIGHTS OF PLOT OWNERS (a) The Corporation retains title to all lands in the Cemetery, and shall convey, and plot and crypt owners shall acquire, only a right of interment in its lots or crypts or subdivisions, which right of interment is and always remains subject to the rules and regulations of the Corporation from time to time in effect. It having been the Corporation's consistent policy of long standing in the interpretation of deeds and certificates of rights of interments, it is hereby declared that, in the absence of express language to the contrary, in the case of any deed or certificate to two or more persons, title shall be deemed to have vested and to vest in the persons named therein as tenants in common during their concurrent lives, and in the survivors and survivor

7 of them upon the death of a tenant in common, so that except as provided otherwise in these rules and regulations, without the consent of all surviving tenants in common, title to the plat cannot be assigned or transferred. (b) Where the right of interment has been conveyed to two persons each shall have a vested right of interment of his or her body in one of the burial plots, which right shall continue regardless of divorce of said persons if they have been husband and wife; provided, however, that upon a final decree of divorce, the Corporation shall recognize and give effect to the following: (I the award by the terms of the decree itself, as between the parties, of title to the burial plot to only one of them; (ii) written agreement between the parties for transfer of title to the burial plot to only one of them, duly executed by the signature acknowledged before a notary public; or (iii) under eight (I) or (ii) a partition of the plot whereby title to one or more graves spaces within the plot is to be transferred to each of the parties. So long as the title to the right of interment remains in the names of both of said persons, the designation of grave spaces not reserved for the owners themselves shall require the written consent of both of them; provided that if there be a grave space not allocated by the written designation on the part of both of them, and a child of both said owners dies, such child may be interred in said space with the consent of only one of said owners. Where the right has been conveyed to more than two persons, if there are sufficient spaces each shall have a vested right of interment of his or her body in one of the spaces, and if there are not sufficient spaces the right of interment shall be vested in the order of death of such persons. In cases not expressly covered by these rules of interment shall be as determined by the Corporation. (c) Where the right of interment in two or more spaces has been conveyed to one person who is then or subsequently married, the surviving husband or wife of the owner shall have a vested right of interment of his or her body in one of such spaces. 24. PLOT IN INALIENABLE BY INTERMENT (a) Whenever an interment is made in a plot as to which the right of interment, at the time of such interment, is represented by a deed or certificate of ownership in the names of two persons (whether or not at the time of such interment one is the surviving spouse of the other), the same shall be held as a separate plot, indivisible, and, at the option of the Corporation, the whole of such burial plot thereby becomes inalienable, with one grave space reserved for the interment of each of said owners (unless already interred elsewhere); and, in the event that there has been no written designation by both of said plot owners (consistent with these Rules and Regulations) of those whom they have jointly authorized to be interred therein, filed with the Corporation, the parents and/or children of each deceased owner may be interred in said plot in the order of need, without the consent of any person claiming any interest therein. Reference is hereby made to Rule 25 for further provisions with respect to the right to interment. (b) Whenever an interment is made in a plot as to which the right of interment therein has been transferred by deed or certificate of ownership to an individual owner by the Corporation the same shall be held as a separate plot, indivisible, and, at the option of the Corporation, the whole of such burial plot thereby becomes inalienable and shall be held as the family burial plot of the owner, in which one grave may be used for the owner's interment, one for the interment of the surviving husband or wife, if any, of the owner, and, in event there has been no written designation by plot owner (consistent with these rules and regulations) of those whom he authorizes to be interred therein, filed with the Corporation, the parents, and/or children of such deceased owner, may be interred in said plot in the order of need, without the consent of any person claiming any interest therein. (c) Determination under this Rule 25 and Rule 24 by the Corporation in each instance shall be final. (d) Any person legally competent to do so, may by instrument in writing, executed in form and manner required by the Corporation, waive his or her right to be interred in accordance with the provision of Rule 24 hereof, and may waive his or her right to acquire by descent, by will, other written designation, or otherwise, any right of interment provided for under the provisions of Rule DESCENT OF RIGHT OF INTERMENT (a) If no interment has been made in a plot as to which the right of interment therein is represented by a deed or certificate of ownership in the names of two persons who were husband and wife at the time of purchase, or if all the bodies in such case have been lawfully removed there from (consistent with these Rules and Regulations), upon the death of one of said owners, one grave must be reserved for the other owner, and the right of interment with the respect to the reminder of the plot shall descend as follows: (I) according to the written designation jointly arrived at both of said owners; (ii) according to specific disposition or direction under the last will and testament of the deceased owner, if consented to in writing by the surviving owner; (iii) according to any combination of (I) or (ii) under which the intentions of each of said owners has been made clear, specific and in writing, and are not in conflict with each other; (iv) in the absence of any of the foregoing, in accordance with a specific disposition or direction under the last will and testament of the surviving owner, if there be such, as otherwise designated in writing by the surviving owner (as though title had been held by the surviving owners jointly with right of survivorship, thereby vesting sole title in the survivor upon the death of one of them); (v) in the absence of such disposition or

8 designation, then in the regular line of succession to those persons who are the heirs at law common to both of such owners; and (vi) in the absence of any of the foregoing, in the regular line of succession to the heirs at law of such second owner to die. (b) If no interment has been made in a plot which has been transferred by deed or certificate of ownership to an individual owner by the Corporation, or if all the bodies have been lawfully removed therefrom (consistent with these rules and regulations). the right of interment therein, except the one grave, which must be reserved to the surviving husband or wife of the owner, shall, upon the death of the said owner, descend as follows: (I) according to specific disposition or direction under the last will and testament of such owner, if there be such; if not, as otherwise designated in writing by such owner; (iii) according to any combination of (I) and (ii) under which the intention of such owner has been made clear, specific and in writing; (iv) in the absence of any of the foregoing, in the regular line of succession to the heirs at law of such owner. Determination under the foregoing rule by the Corporation in each instance shall be final. (c) Any person legally competent to do so may, by instrument in writing, executed in form and manner required by the Corporation, waive his or her right to be interred in accordance with the provisions of Rule 24 hereof, and may waive his or her right to acquire by descent, by will, other written documentation, or otherwise, any right of interment provided for under the provisions of Rule 25. In the interpretation of Rules 24 and 25, the former is intended to apply to situations where there has been interment in the plot of the remains of a person other than an owner of the plot, at the time of death of the sole owner or at the time of the death of the first to die of two owners is buried in the plot. Rule 25 is to be applied where there has been no interment, or all of the bodies have been lawfully removed, and the sole owner or the first to die of the two is interred elsewhere than in the plot. In the determination of kinship and of the identity of persons designated by owners of plots, the Corporation shall have the right to rely upon any and all representations made to it, whether or not in writing and whether or not sworn to, so long as it is acting in good faith, and shall have the right, but shall not be required, to obtain written indemnities from persons claiming any rights with respect to interment in accordance with these Rules and Regulations. 26. TRANSFERS; CONSENT OF CORPORATION REQUIRED (a) No transfer or assignment of any plot, or interest therein, shall be valid without the consent in writing of the Corporation, first to be had and endorsed upon such transfer or assignment, and thereafter being recorded on the books of the Corporation. The Corporation reserves the right to refuse such consent in all situations deemed by it to be inconsistent with these rules and regulations. The lots of the Cemetery are not the subject of trade and commerce. It is the policy of the Corporation not to practice or condone the purchase or sale of Cemetery property for speculative or investment purposes. When such a sale is identified, a transfer of the certificate of ownership or deed will be refused. The sale of Cemetery property, directly or indirectly in connection with the intention to purchase property in another local cemetery is ordinarily deemed to be a sale for speculative or investment purposes. (b) Where the owners of any plot are a husband and wife whose marriage has been dissolved by a final decree of divorce, and both said owners request the consent of the Corporation to a transfer or assignment of said plot by reason of a sale thereof, such a sale will ordinarily not be deemed to be a sale for speculative or investment purposes, and the consent of the Corporation, absent other circumstances to the contrary, will ordinarily be given. (c) Where the owners of any plot are a husband and wife whose marriage has been dissolved by a final decree of divorce under which the court, as between the parties to the decree, has awarded title to said plot to one of said spouses, and where such spouse certifies in writing the intention to keep said plot for family burial purposes and not for resale, the transfer or assignment of the title to such spouse, in the absence of circumstances to the contrary, will ordinarily be deemed not to be a sale for speculative or investment purposes, and the Corporation will provide its consent to such transfer or assignment. (d) Where any plot consisting of four or more burial spaces was initially acquired at a time when the owners had a minor child or children, who have since become adults, moved from home, and the owners desire to sell one or more of such burial spaces, retaining title to not less than two (2) such spaces, in the absence of circumstances to the contrary, such a transaction will ordinarily be deemed not to be a sale for speculative or investment purposes, and the Corporation will provide its written consent. (e) Where the owner has removed his place of residence out of Mobile County or a spouse, or other immediate family member has been buried in another local cemetery, or where family intentions are for burial elsewhere at a time of death as evidenced by ownership elsewhere and there has not been an interment in the plot, the sale thereof will not ordinarily be deemed to be for speculative or investment purposes. 27. INDEBTEDNESS The Corporation may refuse to consent to a transfer or to an assignment as long as there is any indebtedness due the Corporation from the record plot owner, or person owning right of interment therein. 28. PAYMENTS ON TRANSFER All transfers of ownership shall be subject to a handling and certificate of ownership or deed charge which must be paid to the Corporation when the transfer is made. In addition, upon any transfer other than to a family member of the owner, payment

9 shall be made to the Corporation for its endowment care fund the difference between the amount originally paid and the amount which would be required it the Corporation were making an office sale on the date of the transfer. 29. WORK TO DONE BY CORPORATION All grading, landscape work 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, and all openings and closings of plots, and all interments, disinterments and removals shall be made only by the Corporation. Permanent planting of grasses, shrubs, flowers, etc.; are made by the Corporation. The whole park is landscaped, and to keep it uniform and beautiful, it is necessary that all plantings shall be under the control of the Corporation officials. The ownership of right of interment in plots does not confer any right to do planting, etc. The Corporation retains control and supervision of all plots which are sold; and the corporation retains the right to have its superintendent enter upon any lot and prohibit, modify or remove any structure, object, improvement or adornment on such lot, which may have been placed thereon in violation of the rules; or which may be considered objectionable or injurious to the lots, or to the park in general. No work may be done upon lots, except by regular employees of the Corporation, except by permission of the Superintendent. Orders for special work in anticipation of Memorial Day, Christmas Day, or any other similar occasion, must reach the office not later than ten days before the occasion occurs. If received later, orders will be filled in the order of their receipt after the holiday rush is over. Baskets, glass, crockery, wire, metal or any other kind of receptacle for flowers, glass cases, boxes containing artificial flowers, wreaths, etc., will not be permitted upon any lot, excepting as set forth under the section referring to Cut Flowers. 30. SUPERINTENDENT MUST DIRECT AND REMOVE IMPROVEMENTS All improvements or alternations of individual property in the Cemetery shall be under the direction of, and subject to the consent, satisfaction and approval of the Superintendent; and, should they be made without his written consent, he shall have the right to remove, alter or change such improvements or alterations at the expense of the plot owner, and, in any even, when at any time, in his judgment, they became unsightly to the eye. 31. CERTAIN ORNAMENTS PROHIBITED The placing of vases, shells, toys, metal designs, ornaments, chairs, settees, glass, wood or iron cases, and similar articles upon plots shall not, except as hereinafter set forth, be permitted, and if so placed, the Corporation reserves the right to remove the same. However, potted plants will be permitted upon lots and graves at Easter, Memorial Day and other similar occasions. If not called for within three days, they may, at the option of Superintendent, be eliminated. Upon application to the Superintendent, potted plants may be allowed upon a plot or grave at the anniversary or other special date for three days. At all other times, potted plants will be removed from the plot at the time of trimming or mowing of grave. Deliveries of potted plants and flowers may, at the option of the Corporation, be refused on holidays. 32. CUT FLOWERS Flowers, baskets, designs and frames shall be removable from grave or plot at any time in the discretion of the Superintendent. Upon written request made by the owner or legal representative of owner of such grave or plot, which said request shall be made at the time of, or within forty-eight hours after, interment, any particular baskets, designs, or frames may be held for such owner or legal representative, but not exceeding one week, and if not called for and carried away during said period, said flowers, baskets, designs or frames shall become the property of the Corporation, and may be sold, destroyed or otherwise disposed of without incurring any liability whatever to donors, said grave owner, or to such owner=s legal representative. If a bronze vase made to be used in conjunction with a bronze grave marker has not been provided by the lot owner, the Corporation may, for the convenience of the lot owner, provide a temporary flower container at the time of burial. These temporary containers will be removed sixty days after the burial, and thereafter no vase will be permitted except those to be used in conjunction with the bronze marker as hereinafter provided and as approved by the Corporation.

10 The care of grass, including the seeding, weeding, watering and mowing, will be done by the Corporation. The care of shrubbery includes the pruning, fertilizing, and replanting. Metal emblems or markers, flags and guidons are prohibited on plots or graves, except at Memorial Day. They may be placed by authorized representatives of lodges, posts, camps, etc., not to exceed two days before Memorial Day, and removed not later than three days thereafter. Thereafter such emblems will be removed from the plot by the Park employees and at no risk to the Corporation. It is preferable that all such emblems be removed by the organization or individual placing them. 33. RIGHT TO REPLAT, REGRADE AND USE PROPERTY. The right to enlarge, reduce, re-plan or change the boundaries or grading of the Cemetery, or of the Section or Sections, from time to time, including the right to modify and change the locations of or remove or re-grade roads, drives and walks, or any part thereof, is hereby expressly reserved. The right to lay, maintain and operate, or alter, or change pipe lines and gutters for sprinkling systems, drainage, lakes, etc., is also expressly reserved, as well as is the right to use Cemetery property, not sold to individual plot owners for Cemetery purposes, including the interring of dead human bodies, or for anything necessary, incidental or convenient thereto. The Corporation reserves to itself, and to those lawfully using the privileges and facilities of the Cemetery, a perpetual right of ingress and egress over plots for the purpose of passage to and from other plots. 34. NO RIGHT GRANTED IN ALLEYWAYS No easement or right of interment is granted to any plot owner in any road, drive, alley or walk within the Cemetery, but such road, drive, alley or walk may be used as a means of access to the Cemetery or buildings as long as the Corporation devotes it to that purpose. 35. TRESPASSERS ON CEMETERY PLOTS Only the plot Owner and his relatives shall have the right to go upon the Cemetery plot. Any other person thereon shall be considered a trespasser, and the Corporation shall owe no duty to said trespasser to keep the property, or the memorial thereon, in a reasonably safe condition. 36. TRAFFIC RULES Visitors are admitted to the Memorial Park only at the discretion of the Corporation or its Superintendent. No person will be allowed to enter the Park except through a regular entrance maintained for the public for such purpose. The use of roads and paths in the Park as thoroughfares or public highways, either in vehicles or on foot, is prohibited. Violators of this rule shall be considered as trespassers. There shall be no driving allowed over the lots or upon the lawns under any pretense whatsoever. Buses, trucks, or conveyances of cumbersome dimensions will not be allowed to enter the grounds, except by special permission of the Superintendent. No person shall sit upon or occupy any private lot, nor his or her own, or belonging to a member of the family. Admission of vehicles upon the roads of the Park will be permitted as a privilege and not as a right inherent to the ownership of a lot, or otherwise. As a privilege, it is restricted to those who observe the traffic rules adopted by the Corporation. The speed limit for automobiles is limited to 15 miles per hour. Vehicles are not permitted to turn upon roads, but must go around the section. Visitors upon foot have the primary right to the use of the roads, and all vehicle drivers are required to observe their right by careful driving and a strict adherence to the rules.

11 Funeral processions must obey the traffic rules the same as individual drivers. Heavy trucking in the park is permitted only in connection with work therein, and a permit must be first obtained from the Superintendent, who will detail someone to meet the vehicle at the entrance and remain with it until the work is done. Florists and undertakers deliveries shall be made only through the main entrance, and directions must be obtained from the proper officer of the Corporation, who may detain the driver until his destination is known. Florists are to deliver flowers to office and pay Corporation for placing same on graves. Drivers will carefully observe and obey the traffic signals displayed throughout the grounds. Any driver who runs any vehicle upon the lawns, across gutters, or anywhere else where damage results therefrom, shall be required to make good such damages. The sounding of horns, sirens or other automobile signals within the park is prohibited. 37. CHILDREN Children will be excluded at any time, unless accompanied by an adult who will be responsible for their conduct. 38. FLOWERS, ETC. All persons are prohibited from gathering flowers, either wild or cultivated, or breaking trees, shrubbery or plants, or feeding or disturbing the birds or fish or other animal life. 39. PLOT OWNERS BOUND BY RULES AND REGULATIONS The owner of right of interment shall be bound by all applicable rules and regulations now or hereafter in force. 40. LOITERING ON GROUNDS Casual visitors shall not be permitted to sit or to loiter on any of the grounds, graves, or monuments in the Cemetery, or in any of the buildings. 41. LOUD TALKING No loud talking shall be permitted on the Cemetery grounds within hearing distance of funeral services. 42. AUTOMOBILES Automobiles shall not be driven through the grounds at a greater speed than fifteen miles per hour, and must always be kept on the right side of the Cemetery roadway. No automobile, which is not in a funeral procession, may stop in front of an open grave. All automobiles must park as directed by the Superintendent or his assistant. 43. BICYCLES AND MOTORCYCLES No bicycles or motorcycles shall be admitted to the Cemetery except such as may b in attendance at funerals or on business. 44. FIREARMS No firearms shall be permitted within the Cemetery except on special permit from the Superintendent. 45. NOTICES AND ADVERTISEMENTS No signs or notices or advertisements of any kind shall be allowed in the Cemetery unless placed by the Corporation.

12 46. DOGS Dogs shall not be allowed on the Cemetery grounds or in any of the buildings. 47. IMPROPRIETIES It is of the utmost importance that there should be strict observance of all properties of the Cemetery, whether embraced in these rules or not, and no improprieties shall be allowed, and the Superintendent shall have power to prevent improper assemblages. 48. SUPERINTENDENT TO ENFORCE RULES The Superintendent is hereby empowered to enforce all rules and regulations, and to exclude from the property of the Corporation any person violating the same. The Superintendent shall have charge of the grounds and buildings, and, at all times, shall have power to enforce all rules and regulations of the Corporation, including those relating to conducting of funerals, traffic, etc. 49. CORPORATION NOT RESPONSIBLE The Corporation shall not be liable, and distinctly disclaims all responsibility for loss or damage to property or rights of plot owners arising from causes beyond its reasonable control, and especially from damage caused by the elements, and act of God, common enemy, thieves, vandals, strikes, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots, or order of any military or civil authority, whether the damage be direct or collateral. 50. INTERMENTS (a) The number of interments which may properly be made upon a plot is definitely fixed at the time of purchase, and no more will be permitted. (b) No interment may be made unless the body is accompanied by a burial permit as provided by law. (c) No bands are allowed to enter the Park, except at a military funeral, or on Memorial Day, when a permit must be obtained from the Superintendent. 51. INTERMENT CHARGES (a) The amount of interment charges may be learned upon application at the office. (b) Interment charges for opening and closing grave, etc.; are due and payable when the order is given. 52. MARKING OF GRAVES (a) The marking of graves will be standardized throughout the Park, and the marker adopted by the Corporation will be used in every case and in all sections. Only companion and individual markers are permitted, and only one marker is allowed to a grave. (b) Headstones and footstones standing on end are prohibited. Henceforth, corner markers are prohibited. (c) Foundations for all markers must conform to materials and standards established by the Corporation. In all instances the top of the marker shall be at or below ground level and set in accordance with the written specifications of the Corporations. All installations are to be performed by or under the supervision of the Corporation in order to meet the uniform requirements. (d) Grave markers with porcelain or other photographs are not permitted; nor is any form of ornamentation allowed which is, in the opinion of the Corporation, grotesque, freakish, or unusual in size.

13 (e) Separate price schedules shall be maintained by the Corporation for markers sold by it and for foundations sold by it. The Corporation shall from time to time establish uniform charges for the installations of markers. There shall be a uniform charge for administration and supervision services regardless of whether the installation if performed by the Corporation. There shall also be a uniform schedule of charges for the work in performing the actual installation itself when performed by the Corporation. (f) The Corporation shall from time to time establish uniform charges for early care and long range care of markers applicable to all markers, regardless of whether sold or installed by the Corporation, as such care must necessarily be performed by the Corporation. (g) The price of grave markers sold by the Corporation will include the removal, transporting to storage area, storing, transporting back to grave site and second installation at time of second burial if memorial is a companion. A Charge will be made for same service on markers purchased from outside sources before second interment is made. (h) There will be an installation charge for scrolls added to the marker. The Corporation assumes no responsibility for providing scrolls for markers sold by others. (I) In the event economic changes occur which make it necessary to adjust the charges for grave marker installation and care, such increased or decreased charges will be effective without notice. However, information as to currently effective charges at any time will be available at the office during business hours. (j) Charges, above described, will be collected by the Seller and tendered to the Cemetery before the Cemetery inspects for acceptance. (k) Outside vendors of markers and foundation materials must furnish evidence reasonably satisfactory to the Corporation, such as affidavits verifying metallic content of markers and strength test reports on concrete, to assure compliance with specifications established by the Corporation in order to assure quality control. Outside installation contractors must furnish indemnification and evidence reasonable satisfactory to the Corporation to demonstrate their competency and responsibility in order to assure quality control. (l) The Purchaser of a grave marker, foundation or other material from a source other than the Corporation shall be required to submit an Application for Acceptance Permit to the Corporation, so that the examining officer of the Corporation may check for discrepancies. Acceptance permits are available at the office of the Corporation upon request. (m) Any grave marker, foundation or other materials sold by a dealer other than the Corporation will be delivered, uncrated, for inspection by a duly authorized representative of the Corporation in the presence of a duly authorized representative of the dealer, in order to assure compliance with the acceptance permit on file with the Corporation, and for examination by the Superintendent or his duly authorized representative, with regard to any defects effecting installation and maintenance. (n) The procedures to be followed in performance of installations and the requirements for qualification by installation contractors shall be available during normal business hours at the office of the Corporation. (o) Veteran bronze markers will be accepted for installation, provided installation and care funds are paid to the Cemetery on the same basis as other markers described in (e) and (f) under Rule 52. These charges will be paid before Mobile Memorial Gardens will agree to accept the marker for installation. In the making and enforcing rules for the placing of grave markers, the Corporation seeks to protect the interest of all the lot owners, and with a view to making and keeping the Park as a whole uniform and beautiful. 53. PLOT OWNERS MUST NOTIFY CORPORATION It shall be the duty of the lot owner to notify the Corporation of any change in his post office address. Notice, by ordinary mail, sent to a lot owner at the last address on file in the office of the Secretary of the Corporation, shall be considered sufficient and proper legal notification. 54. PROVISIONS RELATING TO ENDOWMENT OR PERPETUAL CARE

14 (a) The term endowment care or perpetual care, used in reference to plots, shall be held to mean the cutting of grass upon said lots at reasonable intervals, the raking and cleaning of plots, the pruning of the shrubs and trees that may be placed by the Corporation, the general preservation of the grounds, walks, roadways, boundaries and structures, and the administration of the same, all to the end that said grounds, shall remain and be reasonably cared for as Cemetery grounds. The term endowment care or perpetual care of plots shall in no case be construed as meaning the maintenance, repair or replacement of any memorial tablets or memorials placed upon plots: nor the planting of flowers or ornamental plants; nor the maintenance or doing of any special or unusual work in the Cemetery or in the mausoleum; nor does it mean the reconstruction of any bronze or concrete work on any section or plot, or any portion or portions thereof in the Cemetery, mausoleum, or other buildings or structures, caused by the elements, an act of God, common enemy, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots, or by order of any military or civil authority, whether the damage be direct or collateral. (b) The meaning of endowment or perpetual care as applied to bronze tablets or bronze markers contemplates that they will, over a period of time, normally assume and be permitted to assume the natural and beautiful color resulting from the reaction of bronze to time and weather, often referred to an ageless bronze. Thus, such care does not include cleaning the bronze except where the Superintendent, in his discretion, determines that such should be done. It does include trimming the grass around and periodic leveling of the markers, and other general care and maintenance of the markers and bases. The Corporation shall not be liable in any manner whatever for discoloration or staining of marker or of base to which such marker or tablet may be attached. (c) Endowment or perpetual care of mausoleums includes the general care and maintenance of the same. (d) Investment of Care Funds. The money received for care funds shall be held in trust and invested, as provided by a Trust Agreement, by the Trustee. (e) Expenditure Limited to Income. All commitments for or to endowment or perpetual care, whether applied to lots, graves, structures, or to any space within the confines of the Cemetery, are not limited as to time, but are and shall be limited absolutely to the income received from the investment of the care fund-no part of the principal being expended-anything herein stated to the contrary notwithstanding. (f) Trustees to Direct Expenditures. The income from the perpetual care fund shall be expended by the Board of Trustees of the Corporation in such manner as will, in its judgment, be most advantageous to the property owners as a whole, and in accordance with the purpose and provisions of the laws of the State applicable to the expenditure of such funds. The Board of Trustees has full power and authority to determine upon what property, for what purpose, and in what manner, the income from said fund shall be expended, and it shall expend said income in such a manner as, in its judgment, it may deem advisable for the care, construction, reconstruction, repair and maintenance of all or any portion of the Cemetery grounds, and buildings thereon, and it may also expend, if necessary, a portion of the income for attorney's fees and other costs necessary to the preservation of the legal rights of the Corporation. 55. Bronze Markers Only May Be Used Only bronze tablets or markers shall be allowed. No markers may be set to embrace more than two spaces, nor shall two or more inscriptions be permitted on one marker unless specifically permitted by the Corporation at the time the sale of the plot is made. 56. Corporation Must Approve Bronze Manufacturer Due to great variableness of bronze manufactured under the same or similar specifications, and the difference in reaction of time and weather conditions, and further due to the fact that the Corporation has undertaken the endowment care thereof, no bronze tablet or marker may be installed in the Cemetery unless manufactured thereof has first been approved in writing by the Corporation, nor unless the specifications thereof shall have first been approved in writing by the Corporation. 57. Grave Markers-Further Provisions (a)subject to all rules and regulations of the Corporation, markers may be done before the purchase price of the lot has been paid, subject, however to the lot owner's first obtaining the consent in writing from the Corporation. In no event shall a marker be placed upon a grave while the owner is in arrears with the payment due to the Corporation. (b) Prior to interment and so long as the lot owner(s) is living, the selection and placing of markers shall be subject to authorization by the owner(s). After interment in a space, the right to select and cause placement of a marker for such space may be exercised in the following order, with thirty days to be allowed for each, in order, to exercise such right:: the lot