HARRY HUGHES, Governor

3571

SHIP SUCH GOODS AT THE DIRECTION OF THE PURCHASER OR AN
INDIVIDUAL DESIGNATED BY THE PURCHASER. IF NO SUCH PROVISION FOR
DELIVERY OF GOODS IS SET FORTH IN A PRENEED BURIAL CONTRACT,
COMPLIANCE WITH THE PROVISIONS OF ITEMS (1) AND (2) HEREOF SHALL
BE DEEMED TO CONSTITUTE DELIVERY IN ACCORDANCE WITH THE TERMS IN
THIS SECTION. NOTWITHSTANDING ANY PROVISION IN THE PRENEED
BURIAL CONTRACT, IDENTIFIED SERVICES SHALL NOT BE DEEMED TO HAVE
BEEN PERFORMED UNTIL PERFORMANCE HAS ACTUALLY OCCURRED.

(I) THE SPECIFIC FUNDS SHALL REMAIN INTACT AND NOT BE
DISBURSED BY THE TRUSTEE UNTIL DELIVERY IS MADE OR SERVICES ARE
PERFORMED AS SPECIFIED IN THE PRENEED BURIAL CONTRACT OR AS
PROVIDED IN THIS SECTION. THE TRUSTEE MAY INVEST TRUST FUNDS IN
ANY SECURITIES WHICH ARE LAWFUL FOR FIDUCIARIES INCLUDING, BUT
NOT LIMITED TO, TIME DEPOSITS AND CERTIFICATES OF DEPOSIT ISSUED
BY THE TRUSTEE. TO INSURE THE ADEQUACY OF THE TRUST FUNDS THE
INCOME DERIVED FROM INVESTMENT OF SPECIFIC FUNDS SHALL REMAIN IN
THE TRUST ACCOUNT AND BE REINVESTED AND COMPOUNDED AND SHALL BE
DISBURSED ONLY FOR THE PAYMENT OF APPROPRIATE TRUSTEE'S FEES,
COMMISSIONS, AND OTHER COSTS OF THE TRUST.

(1)  UPON PERFORMANCE OF THE PRENEED BURIAL CONTRACT
THE SELLER SHALL CERTIFY TO THE TRUSTEE THE AMOUNT OF SPECIFIC
FUNDS IN THE TRUST WHICH THE TRUSTEE SHALL PAY TO THE SELLER.

(2)  THE SELLER MAY IN ITS RECORDS ITEMIZE THE GOODS
AND SERVICES AND THE CONSIDERATION PAID OR TO BE PAID THEREFOR,
TO WHICH THE DEPOSIT REQUIREMENTS OF THIS SECTION APPLY. IN SUCH
CASE THE SELLER MAY, UPON CERTIFICATION TO THE TRUSTEE OF
DELIVERY OR PERFORMANCE OF SUCH GOODS OR SERVICES AND OF THE
AMOUNT OF SPECIFIC FUNDS IDENTIFIED IN ITS RECORDS TO SUCH ITEMS,
REQUEST DISBURSEMENT OF THAT PORTION OF THE SPECIFIC FUNDS
DEPOSITED PURSUANT TO THE CONTRACT WHICH THE TRUSTEE SHALL PAY TO
THE SELLER.

(3)  IF THE PRENEED BURIAL CONTRACT PROVIDES FOR GOODS
OR SERVICES FOR 2 OR MORE INDIVIDUALS, THE SELLER MAY AT ITS
OPTION DESIGNATE IN ITS RECORDS THE CONSIDERATION PAID FOR EACH
INDIVIDUAL FOR PRENEED GOODS AND SERVICES SUBJECT TO THE DEPOSIT
REQUIREMENTS OF THIS SECTION. UPON PERFORMANCE OF THAT PORTION
OF THE PRENEED BURIAL CONTRACT IDENTIFIED TO A PARTICULAR
INDIVIDUAL, THE SELLER MAY REQUEST BY CERTIFICATION THE
DISBURSEMENT OF TRUST FUNDS APPLICABLE TO THAT PORTION OF THE
PRENEED BURIAL CONTRACT, WHICH THE TRUSTEE SHALL PAY TO THE
SELLER.

(4)  IF THE PURCHASER AT ANY TIME SHALL PERMANENTLY
REMOVE HIS RESIDENCE TO A POINT MORE THAN 75 MILES FROM THE
CEMETERY AND GIVES WRITTEN NOTICE, UNDER OATH OR AFFIRMATION OF
HIS PERMANENT REMOVAL INCLUDING HIS NEW, PERMANENT ADDRESS, HE
MAY IN SUCH NOTICE REQUEST THE CANCELLATION OF THE PRENEED BURIAL
CONTRACT AS TO GOODS NOT DELIVERED AND SERVICES NOT PERFORMED IN
WHICH EVENT THE SELLER SHALL CERTIFY TO THE TRUSTEE THE AMOUNT OF
THE REMAINING SPECIFIC FUNDS APPLICABLE TO THE CONTRACT AND THE
NAME AND ADDRESS OF THE PURCHASER AND THE TRUSTEE SHALL TRANSMIT