Adopted by the Board of Directors of

Pine Rest Memorial Park and Funeral Home, Inc.

August 15, 1951

Revised May 1, 1978

Revised December 15, 1990

Revised April 1, 2002

Revised May 27, 2004

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In compiling the Rules and Regulations contained herein, the board of directors of Pine Rest Memorial Park and Funeral Home, Inc. have endeavored to safeguard the rights of individual property right owners while providing guidelines for the total uniformity and beauty of the park.

Pine Rest Memorial Park is sacred ground, as it is the final resting place of the mortal remains of those whose memory lives on in our hearts and minds. We trust that every property right owner is genuinely interested in the successful enforcement of these Rules and Regulations. Said rules will not be considered arbitrary, as they are necessary to assure the proper management of the park for generations to come.

All persons are urgently and respectfully solicited to conform to these Rules and Regulations. Copies of the Rules and Regulations may be obtained at the business offices of Pine Rest Memorial Park and Funeral Home, Inc. in Foley, Alabama.

The terms “property right owner,” “property owner,” “lot owner” and “owner,” as they are contained herein, refer to an individual, or the heirs or assigns of an individual, who has purchased the exclusive burial rights to a specific grave space, crypt or niche or group of grave spaces, crypts or niches within Pine Rest Memorial Park. The term “owner,” as it is used within the context of ownership of cemetery property, refers to the exclusive right to use the property for the burial of human remains, and unlimited ingress and egress to the property. The issuance of a Certificate of Ownership of Cemetery property does not establish fee simple ownership of said property, as fee simple ownership of all parts of the cemetery is retained by Pine Rest Memorial Park and Funeral Home, Inc.

A. USE OF SPACES AND REGULATION THEREOF - Burial spaces, crypts and niches in Pine Rest Memorial Park are to be used exclusively for the burial or intombment of human bodies, or the cremated remains thereof, and are sold and conveyed subject to such supervision, control and regulation by Pine Rest Memorial Park and Funeral Home, Inc., its successors or assigns, as are now or may be hereafter prescribed in the Rules and Regulations of Pine Rest Memorial Park and Funeral Home, Inc.

B. ENDOWMENT (PERPETUAL ) CARE FUND - An amount of money equal to a minimum of fifteen percent (15%) of the purchase price of ground burial property or five percent (5%) of the purchase price of crypts and niches shall be deposited into an irrevocable endowment care trust fund when and after the full purchase price has been paid. The remuneration or income from said endowment care fund is to be paid to Pine Rest Memorial Park and Funeral Home, Inc., its successors or assigns, to be expended by the cemetery, as agent for the property right owners, for the maintenance of said cemetery property therein.

C. BURIAL VAULTS REQUIRED - Burial vaults are required for all conventional below-ground interments in Pine Rest Memorial Park. Burial vaults are not required for the interment of cremated remains, or for the interment of infants when a combination casket/vault is used. For other information see the section on Interments and Funerals in these Rules and Regulations.

D. FAILURE TO PAY - In the event that a purchaser of cemetery property rights, merchandise or services fails to make any payment when due as specified in a purchase agreement, Pine Rest Memorial Park and Funeral Home, Inc. may, at its option, declare the agreement cancelled, and payments made thereon may be retained as liquidated damages. Unless specific arrangements are made in advance, no burial will be made in any burial lot if the owning family has any unpaid charges remaining from a previous funeral or burial. All such charges must be paid in full before any other interment is made. The owner(s) of record of said burial property, their heirs or assigns, are deemed responsible for payment of unpaid fees, plus interest at the highest legal rate, compounded from the date the fees were originally due.

E. DISCLAIMER - Pine Rest Memorial Park and Funeral Home, Inc. will not and cannot be held responsible for loss of or damage to memorials or any other private property left by property right owners in the park, due to theft, vandalism, routine maintenance of the park, riot or war, whether declared or undeclared, acts of God, or any other circumstances over which Pine Rest Memorial Park and Funeral Home, Inc. has no control. Further, Pine Rest Memorial Park and Funeral Home, Inc. will not and cannot be held responsible for personal injury to any person while within the geographical limits of the park, or for loss due to personal attack by any person or persons.

F. ESTATE LOTS - “Estate” lots are specifically designated lots, consisting of eight or more grave spaces in size, in which additional landscaping is allowed by the cemetery, subject to the cemetery’s approval. Further, memorials placed in estate lots may vary from size regulations, and may include private family mausoleums, with approval of design and location approved by both the estate lot property right owner and the cemetery.

G. RIGHT TO CORRECT ERRORS - Pine Rest Memorial Park and Funeral Home, 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 location as far as possible, or as may be selected by the corporation, or, in the sole discretion of Pine Rest Memorial Park and Funeral Home, Inc., by refunding the amount of money paid on account of such purchase. In the event the error shall involve the interment of the remains of any person in such property, Pine Rest Memorial Park and Funeral Home, 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 offer be rejected, shall be in lieu of all other claims of the property right owner. Provided, further, that no lot owner or lot salesman, whether such salesman be employed by Pine Rest Memorial Park and Funeral Home, Inc. or any other selling agency, and no other employee of Pine Rest Memorial Park and Funeral Home, Inc., other than the superintendent of the park, shall under any circumstances give or have authority to give to laborers or employees of Pine Rest Memorial Park and Funeral Home, Inc. directions in connection with the opening of a grave on any lot located in Pine Rest Memorial Park, and it shall be the duty of the property right owner, 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 property right owner. In case the superintendent, with or without such written designation by the owner, causes the grave space to be opened in the wrong location, whether on the owner’s lot or another, the corporation shall have the right to delay the interment until the proper space is opened, or, at the option of the owner, temporary burial may be 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 shall the corporation be liable for any damages for opening the grave in the wrong location, or for delaying the interment of a deceased person, or for interment in the wrong location; the corporation shall be liable only for the cost and expense incurred in opening the grave 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 reinterment. Due to the permanent and emotional nature of cemetery property right ownership, Pine Rest Memorial Park does not recognize or accept powers of attorney from any person other than a child or other surviving family member, executor, administrator or court-appointed representative.

A. OFFICE HOURS - The business offices of Pine Rest Memorial Park and Funeral Home, Inc. are open Monday through Friday from 8:00 AM to 5:00 PM. The business offices are closed on Christmas Eve, Christmas Day, New Years’ Day, the Fourth of July, Thanksgiving Day and other recognized national holidays. Office hours are subject to change.

B. CEMETERY VISITING HOURS - Pine Rest Memorial Park is open to the public from sunrise to sunset daily. Restroom facilities are provided in the funeral home office building. Any person found on the grounds after dark will be considered a trespasser, and may be subject to arrest.

A. ENTRANCES - The two main entrances to Pine Rest Memorial Park located on US Highway 98 are the only entrances which will be used for ingress and egress.

B. CONDUCT OF VISITORS - Pine Rest Memorial Park is a sacred public park, and all visitors to the park are expected to conduct themselves accordingly and in good taste. The following are expressly prohibited:

1. Alcoholic beverages, and persons under their influence.

2. Narcotic or mind-altering drugs, and persons under their influence.

3. Picking or gathering of flowers or foliage.

4. Littering.

5. Soliciting, or the display of any sign on or near any burial lot.

6. Unleashed animals.

7. Loud, boisterous or obscene language.

8. Children under the age of 15, unless accompanied by an adult.

9. Carrying or discharging a firearm unless as part of a funeral service or by law enforcement officers in the line of duty.

10. Any conduct not appropriate to a public cemetery.

11. Any open flame, unless part of an organized program, and then only under the sole control and supervision by the cemetery.

A. All traffic within the park is under the supervision of Pine Rest Memorial Park and Funeral Home, Inc.

B. The speed limit within the park is 20 MPH.

C. Right of way will be yielded to:

1. Funeral processions.

2. Wildlife.

3. Pedestrians.

D. The route of travel of funeral processions will be determined and directed by Pine Rest Memorial Park.

E. Parking areas for funerals will be determined by Pine Rest Memorial Park.

F. Vehicles shall remain on streets and roadways. Driving across any park area is expressly forbidden.

V. APPEARANCE OF THE PARK - Pine Rest Memorial Park is maintained as a public park or garden. The lasting beauty of the park is dependent upon controlled planting and maintenance of trees, shrubs and lawns, and the judicious arrangement of grave decorations or adornments. It is not the purpose of these Rules and Regulations to limit the rights of the property right owners, but rather to insure consistent standards of appearance and safety in all areas of the park for all persons.

A. TREES, SHRUBS, PLANTS AND PLANTING

1. All planting of any type of flora is the exclusive privilege and responsibility of Pine Rest Memorial Park and Funeral Home, Inc.. No person may plant, or cause to be planted, any type of flora without express permission of Pine Rest Memorial Park and Funeral Home, Inc.. Any flora planted in violation of this section may be removed and discarded by Pine Rest Memorial Park and Funeral Home, Inc. without notice to the property right owner, and with no fiscal responsibility to any property right owner.

2. Any tree, shrub or other plant may be removed or replaced at the discretion of Pine Rest Memorial Park and Funeral Home, Inc., in order to prevent disease or overcrowding conditions. Pine Rest Memorial Park and Funeral Home, Inc. is under no obligation to replace any tree, shrub or any other plant which has been removed for any reason.

3. Pruning and/or trimming of trees and shrubs is the exclusive responsibility of Pine Rest Memorial Park and Funeral Home, Inc.. Individual property right owners or their representatives are prohibited from pruning and/or trimming trees and shrubs.

4. Care of lawns and graves is the exclusive responsibility of Pine Rest Memorial Park and Funeral Home, Inc.. Control of pests and weeds through the use of chemical compounds or mixtures is the exclusive responsibility of Pine Rest Memorial Park and Funeral Home, Inc.. Individual property right owners are forbidden from depositing, or causing to be deposited, any chemical mixture or compound on any area of the park.

5. Mounding of graves is forbidden. All graves will be level with grade and sodded with the type of grass which is prevalent in the area in which the grave is located.

B. GRAVE DECORATIONS - Whereas the custom of grave decoration is not a right through ownership, Pine Rest Memorial Park permits and encourages the placing of floral tributes over the graves of those interred here, provided certain regulations are adopted to insure the pleasing appearance of the park and to facilitate regular maintenance.

1. All grave decorations must be placed in disappearing subsurface cemetery vases made of non-corrosive metal, or of stone if the vase is part of an upright monument. Approved cemetery vases are available through the cemetery office. Vases purchased through other sources must be delivered to the cemetery office for approval and installation. There may be a one-time installation fee for the positioning and installation of the vase on the cemetery property.

2. Floral tributes consisting of real or artificial flowers are the only type of grave decoration allowed under these regulations, except as allowed in section 9 below and in paragraph III b (11) above.

3. No type of flora may be planted in the soil on any grave space. Such plants will be removed and discarded with no notice or fiscal responsibility to the property right owner.

4. Digging into the ground anywhere in the cemetery, for the purpose of sinking a container or for any other reason, except by cemetery personnel, is expressly forbidden. The container or other object that is buried will be removed and discarded with no notice to the property right owner.

5. Only one item of grave decoration will be allowed on any specific grave at any time, except during the first 30 days following an interment in the grave, and as further excepted in section 9 below.

6. Any grave decoration will be removed from individual graves when, in the opinion of the maintenance manager of Pine Rest Memorial Park and Funeral Home, Inc., the decoration has become unsightly. This includes decorations which have become wilted, faded or otherwise deteriorated due to prolonged exposure to the elements. Such removal will be made with no notice to the property right owner.

7. No grave decoration may be permanently attached to the ground in such a way that it cannot be easily and readily removed and replaced during routine maintenance of the lawn. The use of wire to secure decorations is expressly forbidden, due to safety reasons.

8. No pottery, crockery, tin, glass or ceramic decorations or containers will be allowed, and such decorations or containers will be removed immediately. Such containers are easily broken, and can cause serious personal injury. No metal or plastic pipes, wires, rocks, bricks, gravel or concrete may be used to secure any grave decoration to the ground. Such materials can also cause serious personal injury, and will be removed at once.

9. Exceptions to Grave decoration Policy - Potted plants, baskets, wreaths and vases not normally allowed will be permitted beginning 7 days before and ending 7 days after the following holidays:

Easter

Memorial Day

Mothers Day

Fathers Day

Veterans Day

Christmas Day

(Individuals wishing to save any decorations placed on the above dates should remove the decorations prior to the 14th day following the holiday.)

Further, all decorations placed on an individual gravesite incident to a funeral service on such gravesite will be allowed to remain on the gravesite until they begin to deteriorate. At such time, in conjunction with the sodding of the grave, such flowers will be removed and discarded by the cemetery.

A. Certificates of Ownership issued to property right owners by Pine Rest Memorial Park and Funeral Home, Inc. do not indicate or establish immunity from any rule or regulation herein, or those promulgated by the Board of Directors in the future.

B. Ownership of property rights is substantiated by possession of the Certificate of Ownership issued by Pine Rest Memorial Park and Funeral Home, Inc., and the records on file in the business offices of the cemetery. Unless otherwise requested, certificates are issued in survivorship format.

C. Pine Rest Memorial Park and Funeral Home, Inc. shall not recognize any transfer of ownership of property rights unless and until said transfer is approved and recorded in the files and records of Pine Rest Memorial Park and Funeral Home, Inc., and a nominal Records Transfer Fee has been received.

A. All interments and intombments, including opening and closing grave spaces, crypts and niches, and all related services shall be made by Pine Rest Memorial Park. Interment or intombment fees levied by Pine Rest Memorial Park and Funeral Home, Inc. are due prior to the interment or intombment service for which they are charged. Interment fees may be greater on weekends and holidays, as prescribed by the cemetery. Pine Rest Memorial Park does not perform interments on Sundays.

B. Burial vaults may be of any acceptable industry-standard type, including concrete, polypropylene, fiberglass or steel. All vaults must be delivered no less than 24 hours prior to the scheduled funeral service. The cemetery reserves the right to schedule the day and time of all deliveries so as not to interfere with scheduled events.

C. To insure that all interments or intombments are made in the space preferred by the family, interment orders shall be approved by signature of the property right owner or his heir or representative, prior to the opening of the grave, crypt or niche. Responsibility for payment of interment fees is the responsibility of the individual authorizing the interment or intombment. Due to the permanent and emotional nature of cemetery property right ownership, Pine Rest Memorial Park does not recognize or accept powers of attorney from any person other than a child or surviving family member, executor, administrator or court-appointed representative.

D. The date and time of funeral services will be scheduled by Pine Rest Memorial Park, upon request from the family or funeral director. Pine Rest Memorial Park will schedule services according to its time and labor schedule, and reserves the right to refuse a requested funeral time in order to meet these schedules. In any event, Pine Rest Memorial Park requires a minimum of 48 hours notice to prepare for an interment or intombment.

VIII. MEMORIALS - All memorials installed in Pine Rest Memorial Park shall be of granite, marble, bronze or a combination thereof. No other material shall be used. All memorials installed in Pine Rest Memorial Park shall be installed by Pine Rest Memorial Park, or under its direct supervision. Pine Rest Memorial Park and Funeral Home, Inc. cannot guarantee the quality of materials or workmanship in memorials provided or installed by parties other than Pine Rest Memorial Park and Funeral Home, Inc.. Any memorial installed in violation of these regulations will be removed or reinstalled at the property right owner’s expense.

Pine Rest Memorial Park and Funeral Home, Inc. reserves the right to lower or reset memorials to facilitate proper maintenance of the cemetery. No memorial may bear a trade mark or dealer’s name. No memorial, including any grave marker, mausoleum or marker may be “homemade” by the property right owner. All memorials installed in Pine Rest Memorial Park must be produced or constructed by a professional memorial, monument or mausoleum dealer, licensed to produce or construct cemetery memorials, monuments or mausoleums.

1. MARKER - A stone or metal memorial used to mark single or companion graves.

2. MONUMENT - Any memorial which stands above grade level, and is used to mark more than one grave space.

3. SLAB - A concrete or stone memorial which covers an area the approximate size of the grave space.

4. CRYPT OR NICHE FRONT - A granite or marble panel covering the opening to crypt(s) or niche(s) in a mausoleum or columbarium, and used as the memorial for the intombments made in said crypt or niche.

B. INSTALLATION

1. Installation of all memorials will be under the supervision of Pine Rest Memorial Park and Funeral Home, Inc.. Memorials installed by Pine Rest Memorial Park and Funeral Home, Inc. are subject to a one-time installation fee due at the time of the installation. Memorials installed by companies or individuals other than Pine Rest Memorial Park are subject to a fee for the supervision of the installation by a representative of Pine Rest Memorial Park and Funeral Home, Inc.. All memorial installation fees shall be paid by the individual purchasing the memorial prior to the installation.

2. All markers will be installed flush with grade level, and 2 to 4 inches from and parallel to the west property line of the grave space(s).

3. Monuments may be installed only on lots specifically designated and designed as monument lots, and then only when the family owns either two or four grave spaces on both east and west sides of the monument location, except as described in sub-paragraph (b) below. All monuments are installed along the center line of the lot, except as described in sub-paragraph (b) below. All monuments are installed in such a way that the base of the monument lies perpendicular with the direction of the grave spaces in the lot.

a. No more than one monument may be installed on any designated monument lot consisting of 2 or 4 grave spaces. No more than 2 monuments may be installed on any designated monument lot consisting of 8 grave spaces.

b. Monuments may be installed on lots which are specifically designated as “two-grave monument lots.” These lots are located in Blocks 20 and 21 only.

4. “Sharing” a monument between property right owners is permitted, when all other regulations are followed, and when a written agreement is filed at the business office of Pine Rest Memorial Park and Funeral Home, Inc..

5. A single marker may be installed on any grave space in the park provided such marker is allowed under paragraph VIII C(1) below.

6. No memorial shall be installed on any grave space until full payment for all spaces marked by the memorial has been received.

7. Monuments shall be installed on a suitable foundation, which shall be installed by Pine Rest Memorial Park or under its supervision, at a nominal fee.

8. Only bronze memorials shall be installed in Block 12, the Garden of Memories.

9. All bronze memorials must be installed on granite bases. Concrete bases are not permitted.

10. The following items are not permitted in Pine Rest Memorial Park:

a. Slabs of any type of material.

b. Coping walls of any type or material.

c. Corner markers of any type or material, other than the corner markers installed by the cemetery.

d. Footstones of any type or material.

e. Stone Chips.

f. “Homemade” memorials of any type.

11. Lettering of crypt or niche fronts in the Magnolia Mausoleum will be of a standardized font and size dictated by the cemetery. No carving other than names and dates will be added to any crypt or niche front in the Magnolia Mausoleum.

12. Cremation benches, which combine the niche and memorial, may be placed in garden areas of the cemetery, subject to mutual agreement of the location by the property right owner and the cemetery. Such locations, when selected, will be designated by the cemetery as “Cremation Bench Lots.”

C. MEMORIAL SIZES

1. SINGLE MARKERS - No single marker shall be installed having total outside base dimension greater than 28 inches by 18 inches. The minimum acceptable size for a single marker is 20 inches by 10 inches.

2. COMPANION MARKERS - No companion marker shall be installed having a width exceeding 18 inches, Lengths of such markers may vary, but in no case shall length of companion markers exceed 64 inches without prior approval by Pine Rest Memorial Park. Minimum size for a companion marker is 36 inches by 12 inches.

3. MONUMENTS - No monument may be installed within a two or four grave area having total outside base dimensions greater than 6 feet in length and 1 foot 4 inches in width. Minimum base length for such monuments shall be 4 feet. Heights of monuments in this category shall not be less than 1 foot 8 inches, or more than 2 feet 8 inches, from top of base to top of die.

4. No monument may be installed within an eight grave area having total outside base dimensions greater than 13 feet in length and 1 foot 6 inches in width. Minimum base length for such monuments shall be 5 feet. Height of monuments in this category shall not be less than 1 foot 8 inches, or more than 5 feet, from top of base to top of die.

5. Requests for exceptions to size restrictions contained herein, or not treated herein, will be considered by the Board of Directors on an individual basis upon written request from the property right owner. The decision of the Board of Directors as to the allowance of such requested exceptions shall be final.

6. Memorials installed on “estate” lots may vary from the regulations above regarding size, type, design an material. Any such variation must be approved in advance by the cemetery.

7. Private family mausoleums may be placed on estate lots; provided the design, construction and placement of such mausoleum is coordinated with, and approved by the cemetery in advance of such placement. The construction of foundations for private family mausoleums shall be performed or supervised by the cemetery at the property right owners expense. Private family mausoleums are subject to perpetual care and installation fees as defined herein. Due to their unique construction, private mausoleums constructed on site must be constructed by a company specializing in mausoleum construction.

8. Memorials installed in violation of these regulations shall be removed or reinstalled by Pine Rest Memorial Park. Property right owners involved will bear any cost involved with such removal or reinstallation.

IX. FORFEITURE OF OWNERSHIP- In the event that any property right owner willfully or repeatedly violates these rules and regulations and refuses to adhere to these rules and regulations after having been informed three (3) times by the management of Pine Rest Memorial Park and Funeral Home, Inc. that such violation exists, the Board of Directors of Pine Rest Memorial Park and Funeral Home, Inc. may revoke the ownership of any remaining unused grave spaces purchased by the offending property right owner, after refunding to the property right owner the total principal amount originally paid for the grave spaces being forfeited.

X. AMENDMENTS - The Board of Directors of Pine Rest Memorial Park and Funeral Home, Inc. reserves the right to make or adopt, at any time, any new, further or additional rules and regulations, as well as the right to change, modify, amend, alter, revoke, annul, at any time, any rule or regulation contained herein.

Adopted at the meeting of the Board of Directors of Pine Rest Memorial Park and Funeral Home, Inc., this the 27th of May, 2004

Sarah C. Spivey, President