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Ch. 195
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2002 LAWS OF MARYLAND
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(e) The income from the perpetual care trust fund:
(1) shall be used only for the perpetual care of the cemetery, including:
(i) the maintenance, INCLUDING THE CUTTING OF GRASS
ABUTTING MEMORIALS OR MONUMENTS, administration, supervision, and
embellishment of the cemetery and its grounds, roads, and paths; and
(ii) the repair and renewal of buildings, including columbaria and
mausoleums, and the property of the cemetery; and
(2) may not be used to care for memorials or monuments.
(F) (1) THE PERPETUAL CARE TRUST FUND AUTHORIZED BY THIS
SUBSECTION SHALL BE A SINGLE PURPOSE TRUST FUND.
(2) IN THE EVENT OF THE BANKRUPTCY OR INSOLVENCY OF, OR
ASSIGNMENT FOR THE BENEFIT OF CREDITORS BY, OR AN ADVERSE JUDGMENT
AGAINST THE SOLE PROPRIETOR REGISTERED CEMETERIAN OR PERMIT HOLDER,
THE PERPETUAL CARE TRUST FUNDS MAY NOT BE MADE AVAILABLE TO ANY
CREDITOR AS ASSETS OF THE SOLE PROPRIETOR REGISTERED CEMETERIAN OR
PERMIT HOLDER OR AS PAYMENT FOR ANY EXPENSES OF ANY BANKRUPTCY OR
SIMILAR PROCEEDINGS, BUT SHALL BE RETAINED INTACT TO PROVIDE FOR THE
FUTURE MAINTENANCE OF THE CEMETERY.
(3) EXCEPT IN AN ACTION UNDER THIS TITLE, THE PERPETUAL CARE
TRUST FUND IS NOT SUBJECT TO JUDGMENT, EXECUTION, GARNISHMENT,
ATTACHMENT, OR OTHER SEIZURE BY PROCESS IN BANKRUPTCY OR OTHERWISE, OR
TO SALE, PLEDGE, MORTGAGE, OR OTHER ALIENATION AND IS NOT ASSIGNABLE
EXCEPT AS APPROVED BY THE DIRECTOR.
(G) A SOLE PROPRIETOR REGISTERED CEMETERIAN OR PERMIT HOLDER
SHALL MAINTAIN IN THE OFFICE OF THE CEMETERY A COPY OF THE MOST RECENT
TRUST REPORT FILED WITH THE OFFICE OF THE CEMETERY UNDER § 5-605 OF THIS
TITLE AND SHALL MAKE THE REPORT AVAILABLE FOR INSPECTION BY AN OWNER OR
A PROSPECTIVE PURCHASER OF A RIGHT OF INTERMENT IN A BURIAL LOT,
ABOVE-GROUND CRYPT, OR NICHE, OR BURIAL RIGHT.
5-603.
(A) A trustee appointed under this subtitle must be:
(1) a national banking association;
(2) a bank, as defined in the Maryland Uniform Fiduciaries Act;
(3) a savings bank insured by a unit of the federal government;
(4) a savings and loan association insured by a unit of the federal
government; or
(5) [a person who provides a fidelity bond from a recognized bonding
institution in an amount equal to the trust fund and inuring to the benefit of the trust
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- 1722 -
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