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Ms. Barbara L. Evoy,Fund Lief 0 <br /> November 7, 2002 <br /> Page 6 of 6 <br /> from the Fund must be therefore reduced by the purchase price reduction. (Order No. WQ <br /> 2000-06-UST, p. 1). <br /> In this case, the Trust purchased this property for a significant amount of money. In <br /> fact, the Trust paid the approximate value of the property (if not more) prior to knowing <br /> about the contamination. Therefore, the Fund need not worry about the Claimant getting a <br /> windfall. The Trust is the exact type of person that the Fund was set up to assist. The <br /> Claimant is simply asking that all of the facts of the case be looked at and considered when <br /> determining eligibility for reimbursement from the Fund. <br /> Furthermore, there are a number of federal and state environmental statutes that <br /> provide exemptions for lenders that generally would apply to situations similar to this. <br /> Specifically, the Comprehensive Environmental Response, Compensation and Liability Act <br /> (CERCLA) contains exemptions from legal liability for lenders that from there mere <br /> ownership would otherwise subject them to legal liability. While we recognize that <br /> CERCLA does not apply to petroleum contamination, however the exemption provides an <br /> analogous situation to the matter at hand and lends further justification for finding that <br /> the Guido Segarini Trust was the "equitable owner" at the time the tanks were removed. <br /> I hope that with this information you will find the Guido Segarini Trust eligible for <br /> reimbursement from the Fund. If you need any further information, please feel free to <br /> contact me. <br /> Very truly yours, <br /> KARNA E. HARRIGFELD <br /> Attorney-at-Law <br /> KEH:jss <br /> Enclosures <br /> cc: Lori Duncan <br /> Duane and Wendy Berndt <br /> \\nt_oas\prolaw\documents\1818-001 USS\26055.doc <br />