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JUN. 15. 2005 4: 09PM LINDQUIST & VENNUM N0. 742 P. 3 LINDQUIST & VENNUM P.L.L.P. Patti Jo Hermann Pat Olson June 15,2005 Page 2 environmental consultant was involvc d, and if so review the reports extending from that work_ Simply draining the tank and filling il with grout does not deal with the question of whether the tank actually leaked before being sea ed. If it did, the "plume" will still be there. It may have migrated but if this was heating oil ( ihich is heavy in substance) it may not have migrated far. This issue could be of some consequt rice if it reaches the lake or groundwater connected to the lake. Therefore, if there are no testi relating to the soil around the tank from the time that the tank was sealed, the best practice noN& is to complete several borings around the tank area. They should be reasonably deep to ensure that there is no contamination under or around the tank. One concern is that even side borings may not tell the complete story as side borings may "miss" a hole in the bottom of the tank which sends fuel oil straight down below the tank. Our suggestion is that Sellers engage the services of a qualified environmental engineer to do the following: (01) Complete a record se ch of the tank -routing in 1994 to see if there are any records approving the Action in 1994- (02) Complete a soil inves igation of diesel range organics (DRO) in the area of the tank, including a possible Geoprobe (a truck mounted drill rig) drilling at the side and, if possible, under he tank itself. This firm uses Liesch &Asso iates and we suggest that you call Eric Hesse at Liesch and he can arrange for this work, if you sc choose. He can be contacted at (763) 559-1423. While we are hopeful that the,-e was no leak from the tank, we don't know for sure until that area is tested. If the Seller does I of complete the testing at this time, it becomes an issue for the Stantons to have to deal with sub equent to closing in future refinancings or sale_ In the end, even if there was some leakage, it is ➢ kely that it is a problem easily dealt with. Accordingly, the Stantons would be amenable to an art ingement whereby the closing proceeds with a post-closing obligation by the Seller to complete t e testing and deal with any material adverse results that are shown by the testing. Please call me after you hav6. had the opportunity to review this letter so that we may discuss how the Sellers want to procetd.