It is expressly understood by the Purchaser that no burial will be allowed by the Seller, unless payments are completed. It is further understood that the burial fee, which includes but is not limited to: cost of vault, flat marker, services, rental of tents, chairs, etc., is a separate cost and shall be paid separately to Seller.
Upon completion of all payments including interest and penalties, if any, by the Purchaser, Seller will convey and deliver to the Purchaser a Certificate of Ownership of the plot purchased. Due to the inherently different nature of memorial parks (as opposed to other real property projects), the Purchaser agrees that he/she shall not be entitled to ask for a separate Transfer Certificate of Title issued in his/her name for the plots bought by him/her. The memorial plots and the Purchaser/Owner, as well as its successors-in-interest shall abide and be subject to all the Rules and Regulations of the Seller, now existing or which may hereafter be adopted for the administration and governance of Seller’s cemeteries. A copy of said rules and regulations together with all its amendments, is on file at Seller’s Office for Purchaser’s reference, and is subject to inspection by Purchaser (or his/her duly authorized representative) during normal office hours and specifically referred to and incorporated herein as if set forth herein in full. The Purchaser hereby recognizes the right of the Seller to amend the aforesaid Rules and Regulations.
Purchaser may sell, transfer or assign his/her plot(s) to anybody subject to the rules and regulations of the Seller. All taxes, fees and related expenses attendant to the transaction shall be borne by the Purchaser or the party-in-interest.
In the event the sold plots in the cemetery of Seller is subjected to any tax, real property taxes or otherwise, or any special government assessment, Purchaser agrees to pay Seller an amount equal to the tax or special government assessment allocated pro rata to the above described property. Any tax due this agreement or any subsequent document transferring ownership of the property to Purchaser shall be borne by the Purchaser. In the meantime that said real estate tax or other assessments are not paid by the Purchaser, the said amount may be charged against the funds collected for Maintenance Fees or Charges as advances for the account of the Purchaser subject to interest charges.
It is agreed that the cemetery/ies of the Seller is operated as a private memorial cemetery/ies and shall be used exclusively for the burial of human remains. As a private memorial cemetery, the Park Maintenance Fees (“PMF”) has been established in conformity with prudent cemetery management. As used herein, the term “Park Maintenance” includes the cutting of grass upon plots, raking and cleaning of plots, pruning of shrubs and of trees, and the general preservation of the plots and grounds, walks, roadways, boundaries and structures, as well as the administrative and related activities occasioned thereby, to the end that said grounds shall legally exist and remain and be reasonably cared for as a memorial park cemetery. Seller may advance costs of park maintenance and apply Purchaser’s contributions on Maintenance Fees for the payment of Seller’s advances with reasonable interest thereto.
Additional contributions or charges for park maintenance may be assessed when deemed necessary by the Seller or the memorial park association. The coverage period of the PMF shall be ten (10) years from the date of the client’s purchase of the memorial plot. A Maintenance Adjustment Charge (MAC) shall be assessed every five (5) years and will commence after the PMF’s ten-year coverage period. Purchase transactions on Double Interment Rights, Pre-Paid Interment Service, At-Need Interment Service, and other services are subject to the prevailing terms, conditions, and policies of the Seller.
It is hereby agreed that the mere sending of letters, notices, communications, summons, notices or orders of the Court, or papers of whatever kind or nature to the address the Purchaser indicated or provided through Seller’s website facility or online forms or by personal service or by registered mail, shall constitute proper, valid and effective service for all legal intents and purposes. Notices via email or through mobile number on record shall also constitute valid and effective service for all legal intents, thus it is the duty of the Purchaser to update his/her contact information.
Purchaser agrees that he/she has read and understands herein terms and conditions of purchase, and that there are no covenants, conditions, warranties or representations other than those contained herein and in the Rules and Regulations of the Seller.
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