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DECLARATION OF NICK DIAZ, NICK DIAZ declares as follows: 1. I have personal knowledge of the facts stated herein unless stated upon information and belief, and as to those facts, I believe them to be true, Iam over the age of 18 and otherwise competent to make this Declaration. If called upon to do so, I would testify as set forth in this Declaration, 2. T make this Declaration in support of my Motion for Reconsideration pursuant to NAC 467.954(2) for use in the proceeding styled Jn the Matter of Nicholas Diaz before the Nevada State Athletic Commission (the “Commission”), 3. At the disciplinary proceeding on September 14, 2015, I relied on the advice of counsel and invoked my rights under the Fifth Amendment of the United States Constitution when questioned by the Commission regarding my use of marijuana and, more particularly, whether I used marijuana prior to the January 31, 2015 fight, 4, Tsubsequently retained additional counsel to address the penalties imposed by the Commission, After conferring with new counsel, I determined that I wrongfully invoked Fifth Amendment in response to relevant questions posed by members of the Commission and that 1 should have, and would have, testified to the Commission that I did not use mi competition,” as that term is defined by the World Anti-Doping Agency (“WADA”) in its Anti- Doping Code, 5. I declare under penalty of perjury, under the laws of the United States, that the foregoing is true and correct. 6. The Declarant further says naught. DATED this 11th day of January, 2016. Isl Nick Diu th ch A t—~" py, NICK DIAZ ipa Lb, el f a a

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