Rules And Regulations

1313 East Century Avenue BISMARCK, NORTH DAKOTA

Adopted by the Board of Directors

November 1, 2004

Cemetery Plan

Cemeteries throughout the centuries as a whole have been started with very little thought of the future. The fact is demonstrated by the very condition, physical and financial, of thousands of cemeteries in the United States.

With this thought in mind, the Sunset Memorial Gardens is building a permanent trust, together with a garden plan cemetery that will always be beautiful and EASY TO MAINTAIN.

In most cemeteries additions to estates such as memorials and vault are purchased and brought to the cemetery from outside interests. Each time this is done, a liability is added to the cemetery property with a corresponding asset. The plan of Sunset Memorial Gardens provides that these memorials be purchased from the cemetery at competitive prices for highest quality items.

With this plan the proceeds will help considerably in the proper care and development of the cemetery.

The cemetery belongs to the families that own property therein. The management is here to serve and will plan and project the care in financing of their cemetery many years into the future.

The following rules and regulations will insure the constant beauty and planning of these gardens.

WHAT IS MEANT BY PERMANENT CARE?

(Sometimes Referred to as Perpetual Endowment Care)

The guarantee of care can only be accomplished BY A COMBINATION of two things:  The proper planning so that the future care will be easy and economical.  The laying aside of moneys in trust so that the interest therefrom will be sufficient to pay all costs.

Your cemetery was planned in every way for beauty and ease of care right at its beginning. Everything is spaced and planned for professional lawn mowers that do the work of several people.

Memorials placed flush with lawn do not create obstacles in maintenance nor mar the beauty of the spacious lawns.

These are just a few reasons why YOU CAN BE SURE your cemetery will always be beautiful and cared for.

VAULTS

The Vault may be purchased from the cemetery and a minimum of a concrete grave liner is required.

BRONZE MEMORIALS

There is a provision in these rules and regulations that all memorials be of bronze and should be purchased from the cemetery.

Bronze has been known throughout the ages as the everlasting metal for memorials placed flush with the lawn as it is difficult to damage and will withstand the elements better than other materials.

The cemetery is responsible for proper installation - Proper appearance and the quality of the material - You would look to the cemetery management to stand by its products.

Earnings as a result of the sale of memorials must be used by the cemetery in its cost of maintenance, management and improvements,

PURPOSE

Every deed issued to a lot owner at Sunset Memorial Gardens contains a provision that the lot owner takes title subject to the rules and regulations then in force and which may be made in the future. These regulations are as binding upon the purchaser as though they were incorporated in the deed.

Rules and Regulations No rule or regulation has been made or will be made which is not designed to be of benefit to the LOT OWNERS COLLECTIVELY. Experience has shown that the adoption and the enforcement of the rules and regulations ARE NECESSARY to secure UNIFORMITY, protect the interests of the owners and to PRESERVE THE BEAUTY OF THE CEMETERY. All persons are required to obey the rules and regulations and are requested to report any infractions of them on the part of others.

Lot owners are given all the privileges consistent with the general plan.

Interments and Disinterments

SECTION NO. I

All interments, disinterments or removals must be made at a time and in a manner approved by the cemetery and upon payment of such charges as shall be fixed by the cemetery.

SECTION NO. II

The right is reserved by the cemetery to require at least 12 standard working hours notice prior to any interment and at least 24 standard working hours notice prior to any disinterment or removal.

SECTION NO. III

The cemetery reserves the right to refuse interment and to refuse to open any burial space for any purpose except on WRITTEN application by a lot owner of record or his authorized representative prepared on forms provided by the cemetery and duly filed in the cemetery office.

SECTION NO. IV

IN ORDER TO ASSIST IN MAINTAINING THE CONSTANT BEAUTY OF SUNSET MEMORIAL GARDENS NO INTERMENT SHALL BE MADE WITHOUT THE USE OF A MINIMUM CONCRETE STEEL-RE-INFORCED VAULT. SAID VAULT MAY BE PURCHASED FROM THE CEMETERY MANAGEMENT.

SECTION NO. V

When instructions received from a lot owner or his legal representative regarding the location in a lot of an interment space are indefinite or when for any reason the interment space cannot be opened where specified the cemetery may at its discretion open such other location in the lot as is deemed best and proper to avoid delaying the interment service, and the cemetery shall not be liable for payment of damages for such action or for any error that might develop therefrom.

SECTION NO. VI

The cemetery shall not be held responsible for the execution of any order given by telephone or for any error occurring from the lack of the receipt of precise and proper written instructions pertaining to the funeral service or interment.

SECTION NO. VII

The cemetery reserves and shall have a right to correct without liability for the payment of damages, any errors that may be inadvertently made by it either in making interments, disinterments, or removals or in the installation of memorials or in the description, transfer, or conveyance of burial rights.  The cemetery may substitute and convey in lieu thereof other interment property of similar nature and location insofar as is possible, or as may be selected by the cemetery, or in the sole discretion of the cemetery to refund the amount of money paid on account of its purchase. In the event such an error is in respect to the interment of the remains of the deceased 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 similar nature in the location as may be substituted and conveyed in lieu thereof.

SECTION NO. VIII

The cemetery shall not be liable for the payment of damages for any delay in the interment of a body of a deceased person caused by weather and ground conditions, or reason of a protest to the interment of such body or the violation of the rules and regulations of the cemetery.

SECTION NO. IX

NO INTERMENT SHALL BE PERMITTED IN ANY LOT UNTIL SUCH LOT IS FULLY PAID FOR EXCEPT AS MAY BE PROVIDED IN THE SALES AGREEMENT.

SECTION NO. X

The bodies of two or more persons shall not be interred in one lot unless approved by the cemetery.  However, cremated remains of two persons are allowed in one lot.

SECTION NO. XI

In making disinterments the cemetery will exercise reasonable care but it will not be liable for the payment of damages in connection with any injury to a casket or burial case.

SECTION NO. XII

In case of the lot owner's death, the rights of the surviving spouse and next of kin will be recognized in accordance with the laws of the State of North Dakota insofar as it is able to ascertain who such parties are, but the cemetery will not be responsible for any error which may be committed due to lack of adequate information. n the absence of an express direction by the owner of lot or provision contained in a will, the following will be recognized as having the rights to direct interments herein:

A. The original owner may at any time designate whom they wish to have interred in the lot which may be recorded on the books of the cemetery and which will be recognized by the cemetery, subject to right of interment upon the part of the surviving spouse.

B. If no such designation is made, the surviving spouse shall have the first right.

C. Where there is no surviving spouse, the heirs of the purchaser may by an agreement in writing, determine who among them shall have the right of interment.

D. In the event such original purchaser or their heirs shall not have arranged for future interments then the direct lineal heirs of the purchaser or their spouse shall in the order of their death be entitled to interment thereon until the lot shall be filled.

E. In case there are no lineal heirs, the nearest of kin to the owner and their respective spouses have the right to interment in order of their need.

Sale and Purchase of Interment Rights

The sale or transfer of any space or interment right by any lot owner or purchaser, shall not be binding upon the cemetery, unless the lot owner shall first have obtained written consent by a duly authorized officer of the cemetery, and then such interment right must be reconveyed to the cemetery.

The cemetery shall issue a Deed for Interment Rights to the new owner. The same rule shall apply in all cases of Assignment of a Purchase Contract for interment rights. his procedure is required in order that the cemetery may, at all times, have a complete and accurate record of all owners and purchasers.

All and any transfers of any interment right, whether it be by conveyance or assignment of Purchase Contract, are subject to all rules and regulations of the cemetery, which are now in full force and effect, or which may be hereinafter enacted.

The cemetery may refuse to consent to a transfer or to an assignment as long as there is any indebtedness due the cemetery from the owner so recorded in the records of the cemetery.

All transfers of ownership shall be subject to a reasonable charge, which charge must be paid to the cemetery when the transfer is made.

The cemetery recommends that lot owners make mention of their lots in their wills and direct who shall receive right of interment therein or who shall be interred therein.

The cemetery shall have the right to assume at all times that the lot owner intended to retain his lot for the interment of himself and members of his family and their spouses and the cemetery will permit the interment of the members of his family and their spouses at the request of any interested person upon ascertainment of eligibility for burial.

When interment is to be made in a lot where the joint owners are living, the cemetery shall have the right to recognize the order of any owner.

SECTION NO. XIII

All graves in SUNSET MEMORIAL GARDENS shall be opened and closed under supervision of SUNSET MEMORIAL GARDENS.

SECTION NO. XIV

No disinterment will be allowed except as provided by law, nor without the assent in writing of the surviving husband or wife or next of kin to the person whose body is to be disinterred or removed together with the written permit or order from the owner of the lot or his legal representative or person in control of such lot.

The cemetery shall under no circumstances be held liable in case of disinterment or removal where it acts upon the written order of such persons. The cemetery shall have the right to refuse to permit disinterment while the payment for the cemetery lot have not been completed or are in default.

Marking of Graves and Estates

SECTION NO. 1

No upright memorial monuments will be permitted within the premises of SUNSET MEMORIAL GARDENS.

THE MARKING OF EACH GRAVE SHALL BE MADE ONLY IN BRONZE. BRONZE MEMORIALS SHOULD BE PURCHASED FROM THE CEMETERY MANAGEMENT IN ORDER TO HAVE FUNDS AVAILABLE TO ENHANCE THE CEMETERY.

The foundations must be granite and installations of all bronze memorials must be placed by the cemetery at established prices as on file in the office.

SPECIFICATIONS

SECTION NO. I

To preserve uniform beauty all bronze memorials or markers must meet the following specifications:

A. Each casting shall be true, free from all weakening defects of any character and also free from minor defects and imperfections which would be visible from a distance of three feet. All exposed surfaces must be smooth, no sand like roughness will will be permitted.

B. All letters, numerals, ornamentation and insignia must be hand chased, finely buffed and highlighted. Backgrounds shall be of sculptured texture per approved sample in cemetery office.

C. Each memorial shall be cast with integral bosses on the back in locations specified by the cemetery. These bosses shall be drilled and tapped to receive 3/8 inch diameter anchor lugs or bolts of brass or bronze from four to six inches in length. These anchor lugs or bolts to be supplied to the cemetery with the memorial.

D. All owners or anyone duly authorized to act for or in behalf of any owner before ordering any memorial must secure from the cemetery written approval of design, size and lettering style.

SECTION NO. II

With all bronze markers or memorials not purchased through the cemetery the owner offering such marker or memorial for installation must furnish the cemetery with an affidavit or warranty of analysis from the manufacturer. Government markers excluded.

SECTION NO. III

The marker shall be placed by cemetery personnel at a price determined by management so that it may be read from the direction of the foot of the grave and must meet dimensional specifications of cemetery.

SECTION NO. IV

No seats, separate vases, urns, or other memorial other than the markers herein mentioned will be permitted.

Planting and Grave Decorations

SECTION NO. I

No planting of any kind in-any section of the cemetery is permitted, other than by the cemetery.

SECTION NO. II

Glass containers of all kinds or cans are prohibited on graves. If placed thereon they will be immediately removed by the caretaker. Metal vases approved by the cemetery are allowed in the grave space only.

SECTION NO. III

Flowers, wreaths or funeral designs will be removed from the graves when in the judgment of the cemetery management they have become unsightly. Potted plants must not be placed or sunk in the ground. No copings will be permitted around the graves.

SECTION NO. IV

The cemetery management is authorized to remove all plantings made contrary to these rules and to reseed the grave without notice, a reasonable charge will be made for the service.

SECTION NO. V

Flags for graves of veterans and other organizations will be permitted one week before and one week following Memorial Day and Veterans Day.

SECTION NO. VI

Evergreens or other winter grave decorations will be removed in the spring. Evergreen or other winter decorations may be removed whenever in the judgment of the cemetery management the same become unsightly or injurious to the lawn.

In the event plants, shrubs, trees, evergreens or other materials are planted or placed on graves or lots contrary to these regulations they will be removed without notice at the expense of the lot owners.

All Work to be Done By the Cemetery

SECTION NO. I

All gardening, landscape work, improvements and all care of lots, plantings, trimmings, cutting and removing of trees and shrubs, all grave openings and closings, all interments, disinterments and removal shall be done under the cemeteries supervision.

Right of Ingress and Egress

SECTION I

The cemetery shall always have a right of ingress and egress at all times to any part of the property on the Cemetery for the purpose of laying water lines, drainage, irrigation and all work of construction in the development and maintenance of the cemetery. Lot owners shall have the right of ingress and egress to reach their lots.

Responsibility of Sunset Memorial Gardens

SECTION I

SUNSET MEMORIAL GARDENS will take reasonable precaution to protect lot owners and the property right of lot owners within the cemetery from loss or damage, but it distinctly disclaims all responsibility for loss or damage for causes beyond its reasonable control, for damage caused by the elements and acts of nature, common enemy, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots, or order of any military or civil authority, whether the damage be direct or indirect.

Exceptions and Modifications

SECTION I

Special cases may arise in which the literal enforcement of a rule may impose unnecessary hardship. The cemetery therefore reserves the right without notice to make exceptions, substitutions or modification in any of these rules and regulations when in its judgment the same appear advisable and suspension or modification shall in no way be considered as affecting the general application of such rule.

SECTION II

The cemetery shall be entitled in all cases to rely upon the statement, written or oral, of any person claiming to have knowledge of the facts and claiming to be authorized to act and shall incur no liability whatsoever by reason of any act committed by it or permitted to be done in reliance on such statement.

SECTION III

The cemetery shall incur no liability whatsoever except for its willful acts or malfeasance.

SECTION IV

The cemetery reserves to itself the right to plat and replat unoccupied and unsold lots, remove and change the location of trees, shrubs and other objects, lay out and change location of roads, paths and walks and to make such other changes or alterations as it deems necessary or advisable and to correct errors in locations and descriptions in contracts, deeds and interments without incurring any obligation to or securing the consent of lot owners.

SECTION V

These rules and regulations may be changed or modified at any time as occasion may require, without notice by the cemetery to lot owners.

All cemeteries today must face an ever increasing care problem, if there is no regulation of individual grave decoration. Sunset Memorial Gardens pledges to give the ultimate in care and beauty, and in order to keep this pledge, we must have the following schedule for decorations.

SCHEDULE

Nov. 15 to April 15 -  No Restrictions

Winter wreaths, artificial flowers in vases are permitted. Not responsible for vases left upright. Arrangement and decorations should not exceed 30".

April 15

On or about this date, depending upon the growing season, the caretaker will remove all winter decorations on the grave.

May 21 to June 6 - No Restrictions

After June 6 all artificial flowers, potted plants, wreaths and any other decoration, EXCEPT arrangements in vases will be removed by the caretaker.

Any arrangement you wish to keep must be removed by June 6th otherwise they will be picked up. Please be aware that mowing will be done as efficiently as possible around the Memorial Day weekend.

June 6 to October 15

ONLY arrangements in vases may be used during this period, as this time is the heaviest mowing and trimming season.