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AFFIDAVIT

STATE OF NEW YORK  )
                   ) ss:
COUNTY OF NEW YORK )

MARISOL ESCOBAR, being duly sworn, deposes and says:

1. I am a professional artist residing at 141 East 33rd Street, New York City. I plan to go abroad on June 10, 1964 and make this affidavit at the request of Mrs. Eleanor Ward, owner and operator of the Stable Gallery at 33 East 74th Street, New York City, for use by her or her attorneys in the event that, while I am abroad, a lawsuit should be brought against her or a client of hers respecting the sale of the mural, a sculpture by me depicting a group of jazz musicians.

2. On or about February 24, 1964, the Stable Gallery, acting as my agent, sold The Mural to Mr. Harry Abrams for $6,750. When purchased by Mr. Abrams, The Mural was at the Stable Gallery for exhibition in my show which opened the following day, February 15. It remained on exhibition there throughout the show, which closed on March 21.

3. I had previously, in April 1963, lent The Mural to the Gotham Hotel, 5th Avenue and 55th Street, New York City for display in its night club known as "l'Interdit." I also signed a document dated April 16, 1963, of which a copy is attached hereto as Exhibit A. The Gotham Hotel did not pay me nay money or give me anything of value for my lending The Mural or signing the document. As states in the document, I did it all "without fee" and for free.

4. On or about May 19, 1963, I received a letter from Heide, Lubell & Co., 30 Broad Street, New York City,