IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS

IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN JEAN BELLEVUE, vs. ISLAND GROUNDS, INC., and JEFFREY EPSTEIN Plaintiff, Defendants. ISLAND GROUNDS, INC., PHILLIP MARK Third Party Plaintiff, vs. Third Party Defendant. CIVIL NO. 676/2012 ACTION FOR NEGLIGENCE AND DAMAGES CIVIL NO. 676/2012 AFFIDAVIT OF DARREN INDYKE IN THE STATE OF NEW YOR K COUNTY OF NEW YORK ) ) I, DARREN INDYKE, being duly sworn, do depose and state as follows: 1. I ant an adult resident of Livingston, New Jersey and duly competent to swear the contents of this affidavit 2. I am the President of Island Grounds, Inc. and completely knowledgeable concerning the matters set forth herein. 3. Island Grounds, Inc. is a representative of LS.J., LLC, and an intended beneficiary of the Agreements dated September 20, 2010 attached to the Third Party Complaint/Counterclaim. 4. During all times relevant herein, Island Grounds, Inc. dealt with Phillip Mark as the sole proprietor of Phillip Mark, the contractor who performed work on St. James Island during the period of time in question. At no time has it ever been 1 EFTA00313078 represented by Phillip Mark that he is or was incorporated. Bellevue vs. Island Grounds Inc., & Phillip Mark Affidavit of Darren Indyke Page 2 FURTHER AFFIANT SAYETH NAUGHT. ISLANDS GROUNDS, INC., WITNESS SUBSCRIBED AND SWORN to before me this 18th dpy of March, 2 Notary Public [SEAL] HARRY I. IIFILER Notary Rubhc, Slet!e et New York No 019Eci; 3924 OunI;Ited Aocidand County Commission i$310n Expires Fob. I7. 20L 2 MOt ALAA DARREN INDYKE, PR DENT EFTA00313079