1 Selection of lot: To select within two (2) years from the date hereof , a lot in Pleasant Hill Cemetery. However, if the lot selected is in a garden under development and the purchaser required one said lot for internment before it is ready for internment, the purchaser agrees to transfer such selection to a Garden or selection ready for internment and the company agrees to said transfer. Provided further that after payment has been made in full, and no selection made by purchasers with in said two years (2). Purchaser agrees that the Company may make such selection and deliver deed for such lot to the purchaser.
2 Compliance with rules: To comply at all times with all rules and regulations promulgated for the operation, care and control of said Pleasant Hill Cemetery.
3 Default: In case of failure on the part of the purchaser for more than thirty (30) days to make any of the payments herein provided, the company shall have the right at its' option to declare this agreement null and void and may reenter and repossess the property except as to any space wherein internment has therefore been made and all payments made prior to such failure shall be retained by the Company as liquidated damages.
4 Price of burial space does not include the opening and closing charges.
5 Immediate use: That the purchaser shall have the right to use said lot for internment at any time hereafter, provided the proportionate part of purchase price applicable to that portion to be used and the Perpetual Care Trust Fund deposit thereon, shall have first been paid.
6 Transfer: That the purchaser shall have the right at any time unless in default, to transfer his interest in said lot, upon application to the Company.
The price of the burial space includes an amount to be agreed upon which the Company agrees to deposit in the Care Funds for the above Company which has been established with Royal Trust Corporation of Canada , 1660 Hollis ST. Halifax NS.
Upon receipt of proof of the purchasers death and provided any balance outstanding hereunder is paid in full, the Company covenants to perform immediately under the agreement. Where a purchaser dies before making all payments under a prearranged cemetery plan a personal representative may, at their option, pay to the Company any unpaid balance payable by the purchaser to the Company under the plan. The personal representative or next of kin of the deceased will complete all documents required by the Company and by law to enable the performance of the above services.
In the event that this agreement is terminated, canceled or discontinued at the request of the purchaser, subject to the regulations under the Act, all occurred income on the principal pertaining to a plan that has been canceled shall be paid to the Company. The purchase of a cemetery lot is not subject to the rights of cancellations, other than the ten-(10) day cancellation period.
The Company guarantees that all merchandise sold hereunder is of a good and merchantable quality.
When the purchaser dies, the Company shall be entitled to act upon the request of any person who reasonably appears to have authority. In the event that death occurs in an area where because of great distance or of some extraordinary circumstances, it is not reasonably feasible for the Company to provide the service set out herein and such service has not been requested to be performed by the purchaser or his personal representative, this agreement shall be treated as if it was terminated, canceled or discontinued, and refund will be made in compliance with the Act.
This agreement contains all the covenants between the parties and no agent or representative of either party has authority to modify, add to or change any of the terms or conditions herein set forth, nor the terms or conditions of any receipt issued for payments. PURCHASER CERTIFIES THAT NO ORAL OR WRITTEN STATEMENTS, PROMISES, REPRESENTATIONS OR GUARANTEES OTHER THAN THOSE CONTAINED HEREIN HAVE BEEN MADE.
This agreement shall become effective when duly signed and authorized official of the Company and it shall thereafter APPLY TO AND BIND THE HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS OF BOTH PURCHASER AND THE COMPANY. IN WITNESS WHEREOF, the parties have executed this agreement on the day and year first above written.
*Does not include memorial or cremation of body.