(815 ILCS 390/26) (from Ch. 21, par. 226)
Sec. 26.
(a) No person shall encumber or mortgage cemetery property,
unless the mortgage or other encumbrance documents contain the following clause:
"The mortgagee expressly agrees that there shall be released from the
lien of this mortgage, automatically and without recordation of any
instrument, any lot, crypt, or niche encumbered hereby with respect to
which the mortgagor sells rights of interment, entombment or inurnment in
the ordinary course of business".
(b) In the case of a sale of any cemetery or any part thereof or any
related cemetery merchandise by a cemetery owner to a purchaser, except the
sale of burial rights, interment services, or cemetery merchandise to a
person for his or her personal or family burial or interment, the purchaser
shall perform all obligations imposed under this Act, all obligations
imposed under pre-need sales contracts made by the selling cemetery or any
prior cemetery owner relating to pre-need sales and any other related obligations.
(Source: P.A. 84-239.)
|