Preview
FILED: CHENANGO COUNTY CLERK 01/17/2020 01:07 PM INDEX NO. 2019-5466
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2020
06/03/2021
AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY CITIBANK, N.A. .
(Debt Buyer Actions)
STATE OF MISSOURI )
) ss.
COUNTY OF PLATTE )
Account Holder: CRYSTAL S JEFFERS Account #: ending in 4612
SSN/EINTTIN #: xxx-xx
The undersigned, being duly sworn, deposes and says:
1. I am an employee of Cidbank, N.A. ("Citibank'), an Original Creditor as defined in
Section 202.27-a of the New York Uniform Civil Rules for The Supreme Court and The
County Court, and I have personal knowledge of and access to Citibank's books and records
("Busines Records"), including electicnic records, relating to a pool of charged-off consumer
credit accounts sold or assigned by Citibank to Midland Funding LLC ("Debt Buyer"), on
11/30/2017 (the "Sale"), which included the account 4612 ("Account") of the consumer
CRYSTAL S JEFFERS ("Consumer") identifiedin the exhibits attached hereto and
incorpciated herein. As part of the Sale, Citibank assigned allof its interestin the Account,
including the right to any proceeds from the Accounts, to Debt Buyer, and Citibank transferred
. business records relating to the Accest to Debt Buyer. A true and correct copy of the billof
sale which pertains to the Account isattached as an exhibit to this affidavit
2. In my position, I alsohave personal knowledge of Citibank's procedures for .
creating
and maintaining Citibank's business records pcrtaiñing to the Account ("Business Records"),
inclüding Citibank's procedures relating to the sale and assignment of consumer credit
accounts. Citibank's Business Records were made in the regular course of business and itwas .
the regular course of such business to make the Business Records. The Business Records were .
made at or near the time of the events recorded. Based on my knowledge of Citibank's
Business Records, I have personal knowledge of the facts set forthin this affidavit
. .
3. Citibank and Consumer were parties to a creditagreement ("Aa== -m"), the terms of
which are reflected in the last statemera sent to Consumer by Citibank prior to charge-
billing
off, which isattached hereto as an exhibit. Consumer agreed to pay Citibank for allgoods,
services and cash advances provided pursaâñt to the Agreement. The date and the smount of
the lastpayment, ifany, made by Cc:=ümer are set forth in an exhibit attached hereto and
made a part hereof Consumer defaulted and a demand for payment was made by Citibank. A
true and correct copy of the Agreement isâttsdud as an exhibit to this affidavit.
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4. At the time of the Sale, Consumer owed the amount set forthin the exhibits attached
hereto and made a part hereof, which exhibits may also show the name of Consumer; the last
four digits of the Account ñümbcr, the date and amount of the charge-off balance; the date and
. ; amount of the last payment, ifany; the total amounts, ifapplicable, of any post-charge-off
interest and post-charge-off fees and charges; any post-charge-off credits or payments made by
or on behalf of Consumer; and the balance due atthe time of the Sale. The above statements
are true and correct to the best of my personal knowledge.
I saicmñly affirm under the penalties of perjury and upon personal knewicage that the contents
of the foregoing paper are true.
EXECUTED on _/ O , 20
-
Signature .
. William Peck
Name
STATE OF MISSOURI )
) ss.
COUNTY OF PLATTE )
Subscribed and sworn to before me William Peck this
by day
of , 20
.
[SEAL]
CAROLYN E. HUGHES
, Notary PuD$ic - Notary Seat . .
Notary Public State of Missouri, Jackson
County
Commission #14927304
January 26, 2022 My commission Expires Jan 26, 2022 ..
My commission expires:
_
_
Personally known OR
Produced identification
Type of identification produced:
cm EMPLOYEE BADGE
2
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NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2020
06/03/2021
CERTIFICATE OF CONFORM1TY
1, Kennae Grimsby. an attomey-at-law of the Stateof Missouri who islicensed to pmctice law in theState of
. Misse=i and is fullyacquainted with the laws of the Stateof Missouri pertaining to the acknow:cdge-üênt or
proof of deeds of real property to be recorded therein,do hereby certifythat Iam duly ÿüññëd to make this
.. certificateof conformity pursuant to Section 299-a of the Real Property Law of the State of New York and
hereby certify that the ackaswledgement or proof upon the foregoing dc-smset was taken by Carolyn E.
. Hughes. notary public in theState of Missouri, in themanner prescribed the laws of the Stateof Missouri
by .
and conforms to thelaws thereofin allrespects. .
IN WITNESS WHEREOF, I have hereunto set my signature, this day
of November, 2018.
Missouri Bar # 70763
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NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2020
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Contrace ENIMU2EM052517
Document ED: IID517ENIMU2EMBl
. .
BILL OF SALE AND ASSIGNMENT
THIS BILL OF SALE AND ASSIGNMENT dated November 30, 2017, is by Citibank, N.A., a
nationni banking association organized under the laws of the United States. located at 701 East
60th Street North, Sioux Falls, SD 57117 (the "Bank") to Midland Funding LLC, a limited
liabilitycompany organized under the laws of the Delaware, with itsheadquarters/principal place
of business at 3111 Camino del Rio North, Suite 103, San Diego, CA 92108 ("Buyer").
For value received and subject to the terms and conditions of the Purchase and Sale Agreement
dated May 25, 2017, between Buyer and the Bank (the "Agreement"), the Bank does hereby
. transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyer's
successors and assigns, the Accounts described in Exhibit 1 (Asset Schedule) and the Final
Electronic File. . . .
With respect to information for the Accounts listed in Exhibit I (Asset Schedule) and the F*mal
Electronic File, the Bank represents and warrants to Buyer that (i) the Account infêsatics
constitutes the Bank's own business records and accurately reflectsin all material respects the
information in the Bank's database; (ii) the Account inicsation was kept in the regular course
of business; (iii)the Account information was made at or near the time by, or from information .
transmitted by, a person with knowledge of the data entered into and maintained in the Account's
. database; and (iv) itis the regular practice of the Bank's b•sin=ss to maintain and compile such
data.
Citibank, N.A.
Signature)
Name: SmM.Camay,SVP
11500NWAmtmosedorDdve Ste, 400
Midland052517
. .
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COUNTY CLERK 01/17/2020 01:07 PM--- INDEX NO. 2019-5466
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2020
06/03/2021
Contract:EN1MU2EM052517
Document ID: II05l?EN1MU2EMA1
EXHIBIT 1
ASSET SCHEDULE
The individual Accounts transferred are described in the Final Electronic File narned "Encore- .
Sears-Endy-Out-MasterCdaad-Private-Label-Flow-Aug-Sept-Oct.1117"
delivered by the
Bank to Buyer, the same deemed attached hereto by thisreference. .
# of Sale Cat-Ott
Lot Sale ID Accounts Sale Balance Rate Date
SearS
MasterCard
and Private .
Label Post-
Early Out
Mow U2 11/05/2017
MNInd0S2517
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NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2020
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ca
Customer Service:
----
Account
SERS CREM CARDS
Statement
Po sex sage,sieuxrah40s7t9-s2s2
Mastercard
Summary of Account Activity Payment Information
Previous Balance . $3,266.96 Mem Balance $3.379.06
Payments -s0.00- Minimum Payment Due 51,316.06 .
Other Credits _............. -Sh Due
Payment Date September 4, 2017
Purchases +$0,00
Cash Advances +$0.00 Late PaymentWarning: if we do not sceive
your minimum payment by the
Fees Charqed +S37.00 date Estedabove. you may have to pay alate fee up to S37.
InterestCharqed +$7630 Minimum Payment Warning: If you make only the minimum paymenteach
New Balance $3,379.06 psiod,you win pay more b
interest andit will take you longer to pay off your
balance. For example:
fast Due Amount $790.00 s . ou make ni payson the 9
, Anif you w I
'CreditUmb $0 Pay
AvailableCredit 50.00 - - ----- -
Cash Advance Umit SO.00 Qny the minimum p yment 13 years $7,470
AyallableCash limit 80.00 st ay $4.S17
a yeare
Amount Over CreditLimit $379.06 .. . (SaWngs--52,553)
Statement ClosingDate 08/08/20_17_ a you woumnkewounanonaboutandt counsethgserv ces,can t-a77-asr-at as.
.
NextStatement ClosingDate 09/07/2017
, Daysin Cycle
Billing 32
New York residents may contact the New York State Department of Financial services by telephone, 1-800-342-3736, or visit its weballs, www.dfs.ny.gov,
for free information on comparative credit card rates. Ises and grace parkxis,
- a
Please note that if we iscüksd
yaur pay by phone or onroe payment between 5 p.m
ET and midnight ET on the last day of your bming pedod, your
until your next statement.
payment will not bareflected
Please update your phone number, includng ceEphone number en the back of the payment coupon.
.
fat.EASESEEIMPORTANTINFORMATIONONPAGE2, Page1 of 4 . This Account is issued by otttbank, NA
..--..--L Ase cD_a_ aggn ofyngos_ga_ppen_tfogy,e. o o_ggunecads. 4
. Your Account Numberts 4612
aGS Payment Due Date September 4,2017
$&'EEE.sosmr-sas . Attention: to make an in-store New Balance $3,379.06
payment at Sears and Krnart Past Due Amountt 3790.00
on your Sears card account Mbdmum Payment Due $1,516.06
$tatemantEnclosed
PastDueAmoun1fe
Included
inmeidlnimumPayment
Due.
Pleaseprintaddresscimnges en the reversesMe.
IWlakeChecksPayable to v
SEARS CREDIT CARDS
CRYSTAL S JEFFERS . PO BOX 9001055
7 UNION ST . LOUl$VILLE,KY 40290-1055
. PO BOX 508
SHERBURNE, NY 13460-0508
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NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2020
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InformationAboutYour Account When Your Payment WW Be Credited,
If we receive your payment in
How to Avoid Paying laterest
on Purchases..Your payment due date Isproper torm at our processing facility
by 5 p.m.Iocal time there..it wilt be
E of that day. A paymentreceived
at least 25 days after the close of each billing cycle. Wewill not chargo you there m proper form atter that
c=diteý
time wdl be credited as of the next day. Allow 5 to 7 days for payments by
any [nterest on purchases if you pay your New Salance by the payment due
. regular mail to reach us. Theremay be a deIay of up to5
date each month- ThisTscatted a grace perfad on purchases. To get a grace days In crediting
a payment we receive that is not in proper form or isnot sent to the correct
period on purchases, you must pay the New Balance by the payment due .
date every b|‡g
cycle. We wilibegin address. The correct address for regular mall ISthe address on the front
charging interest on cash advances
of the payment coupon. The correct addfoss for cour!er or express mall
and batence transfers (if available on your account) on the transaction date.
It you have a balance $Ubject to a deferred interest promotion is the Express Mail Address shown in the Express Mail section.
and that
proper
promotion does not expire before the payment due date, that balance FormJor a payment sent by mail or courier to be In proper form,
(an"excluded
balance") Isexcluded from the amount you must payln you must:
•
full to get a grace period on a purchase balance other than an excluded
Enclose a valid check or money order. No cash. gift cards, or foreign
balance.in addition, If you have a major purchase plan balance, that
currencyplease.
. balance (an "excluded balance") [s excluded from the amount you must
• include your name and the fast four digits of your accountnumber.
pay in full to get a grace period on a purchase balance other than an
Payment Other Than By Mall
excluded balance. However, you must still pay any separately required
* in-5tore(Where Available).
payment on the excluded balance.In billing cycles In which payments are Any payment in proper form accepted In-
store wifi be credited as of that day. However, credit
affocated to deferred interest balances first, the deferred interest balance availabiEty may be
sWecHo
wilt be reduced before any other balance on the account. However, you McaNon I funds, Not alistores
accept payments. Contact
wilicontinue your local store tosee
to get a grate period on purchases, other than an excluded f in-store payments are accepted at that locatlon.
• Online. Go to the URL on Page I of your statement to make a payment.
balance, so long as you pay the New Balance (less any excluded balance,
for security reasons, you may not be able to pay your entire New
plus any separately requ!red payment on an excluded balance) in fun
by
the payment due date each blMng cycle, Balance the first bme you make a payment online. The payment cutofI
time for online Bilt Payments is midnight Eastern time. This means that
In addition, certain promotional of fers may take away the grace period on
purchases,0ther
promotionalof
fers not described above may also allowwe willcredit
your account as of the calendar day, based on Eastern
.
time, that we receive your payment request
you tohave a grace period on purchases without having to pay all or a
portion of the prometh!khe • AutoPay. at Account Online to have your payment amount
by the payment due date. If either is S!gmp
the case, the promotional
offer willdescribe
what happens. =tomMie!!y deducted each month from the account you choose.
How We Calculate Your Balance Subject
to Interest
Rate.. Weuse a Your card account will becredited
on the due date with that amount.
- Phone.Calithe phone number on Page1 of your statement to make
daily balance method (including current
transactions) to calculate interest
charges.To find out more information
about the balance computaÙon a payment. We may process your payment atter we
electronically
venly your identity. The payment cutof f thne for PhonePayments
method and how the resulting Interest charges were determined, contact
usat the Account inquiries number on the front. is midnight Eastern time. This means that WewIll credit your account
Balance Transfers.8alance
transfer amounts are Included In the
"Purchases" ay nt ue t
line in the Summary of Account Activity
Of balance transfers- Express MallSend payment by courier or express mail to:
are available on your account).
Attn: Consumer Payment Dept, 6716 Grade Lane,
Transaction
Date. The Transaction Dateshown on the statement is also Building 9, Suite 910
the Sate Date- Louisville. KY 40213. Payment must be receivedin
proper form at the
propeF address by 5 p.m.Eastern
time to be credited as of that day. All
OtherAccount and Paymentinformation. payments received in proper form at the proper address after that tirne
Payment Amount.You may pay ali or part of your account balance at
willbe credited as of the next day.
any tirne. However, you must pay, by the payment due date, at least the
If you send an effolble check with this payment
minimum payment due- coupon, you authorize
us to complete
your payment by electronic
debitIf we do, the checidnq
account will be debited In the amount on the chect
We may do this as
soon as the day we receive the check. Also, the check WHIbe destroyed.
PLEASESEE IMPORTANTINFORMATIONCM PAGE4
SMC/TGilSGC/SCPil-llPs
Plan-2DEC15
/A/• ME- 1238-5300-OCG748/-
EM-9-NOPLAY. - 4C/•G•e - X-204DhP- E- Y - D- NwE674 -
•402+0-0 -
t4 - 39-July1,20114G/•N-• • VH40. - G41YW -N-V --0-
iFbo†fD8517-06/D1/ 0+--{dre • * vHSCM
Page 2 of 4
Please providechange of adciressand update/add your
phone numbers'here: (Use blue or black ink.)
*Cell: 'Home:
. 'Phone: By giving us a cell number or a number (ater converted
to a
cell number, you agree that we or our service providers
can contact
you at that number by autodiater, recorded
or artificial voice, or a text.
Your phone plan charges may apply
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NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2020
06/03/2021
. **** **** ****
Account: 4612
TRANSACTIONS
TrurtsDateDasedption . Referenes# Amount
FEES
0804 LATEFEE S 3720
TOTAL FEESFOR THISPEH2OD S 31AO .
INTEREST CHARGED
oams INTERESTCHARGEONPURCHASES 6· 76-10
TOTAL INTERESTFORTHISPERIOD s . ra.to
TotalFees Charged in 2017 $249.00
TotalInterest Charged in 2017 $511621
ACTIWTY AND PROMOTIONS DETAIL
Original Purchases,
Promotion Promotion Payments Cash Ady, Promotion Deferred P An
Trans Trans Previous & Other Fees & interest New Minknum Interest Exp ranon
Amount Date Balance Credits OtherDebits Charged Balance Payment Due Charges Date
PuRCHASES
. REGULAR
• - $3.265m - $37.00 S76.10 $3,379 .
CASHADVANCES
REGULAR
TOTAL $3,286.96 $0m 537.00 $76.10 53,379 $OM son
.
INTEREST CHARGE CALCULATION ycurAnnuan PercentageRals (APRHsthe mmostederestreaon your account
Tygfifof.Bahiiiõe AniiiifatPercentageRéti(APR)$%Batancastil$iiit
tdinterest
RaleWinterest ChargëP
PURCHASES
REGULAR 26.24% (DWV) . $3,308.38 $75.10
CASH ADVANCES
REGULAR 28.15% [DyV) so.oo som
(vp VariableRate (D) = Des
. .
Page 3 of 4
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NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2020
06/03/2021
CreditReportingDisputes.If you think we reported
M*-*ë!e Afterwe finish one of two things
ourinvestigation, willhappen:
information -
to a credit bureau write us at the Customer Service address
if we made a mistake: You wlu not have to pay the amount in question
shown on Page 1. or any interest or other fees related to that amount.
Report a Lost
or Stolen Call the Account Inquiries
Cat11Immediately. . if we do not believe there was a mistake: You will have to pay the
number shown on Page L arnount in question, along with applicable Interest -
and fees, We will
What To Do If You FInd A &Alstake On Your Statement send you a statement of the amount You owe and the date payment
If you think there is an error
on your statement,
write to us at the
mou h nk you owe
address for blu1ng errors and customer service hquiries
shown on
Page lofyour statement, our explanation
if you recehe but still believe your billis
wrong, you
. , n must write to us within 10days telling us that you stlil refuse to pay.
In your letter, give us the following
we
If you do so, you
cannot report asdeiInquent
withoutalso reporUng
• Your name and account number-
Account information: that youare your bin. We must tell you the name of
questioning
• Doger amount; amount of the suspected error-
The dollar anyone to whom we reported you es delinquent,
and we musnet those
* Description of problem: If you think there is an error on your bill, know when the matter has been setued between us.
organizations
describe what you Delieve is wrong and why you believe It is a mistake.
if we do not follow all of the rules above. you do not have to pay the
us:
You must contact first $50 of the amount you question even if your bill is correct,
Within 60 days af ter the error appeared On your statement H You Are Dissatistled
Your Rights With 16ur Credit
Card Purchases .
• At least 3 business days before an cut=W.8
payment is scheduled. If you are dissatisfied with the goods or services that you have purchased
If you want to stop payment on the amount you think is wrong-
with your credit card, and you have tried in good faith to correct the
us of any patential
You must notify errors In writing.
You rnay call us, problem with the merchant. you may have the right not to pay the
but if you do we are not required to investigate
any potential
errors and remaining amount due on the purchase.
you may have to pay the amount In question- To use this right, all of the following must be true:
What Will Happen After
We Receive Your Letter 1. The purchase must have been made in your home state or within100
miles of your current melling address,and
the purchase price must
When we receive wa must
your intter, do twothings:
have been more than $50.(Note:Nelther
of these are necessary it
L your letter, we must tell you that
Within 30 days of receiving
your purchase was based an an advertisernant we mailed to you, or
we received your fetter. We will also tell you if we have already
if we own the company that sold you the goods ar services
correctedthe error,
2, You must have used your credit card for the purchase. Purchases
2. Within 90 days of receiving your letter, we must eithercorrect
made with cash advances from an ATM or with a check that accesses
the error or explain to you why we believe the bin is correct.
your credit card account do not quanfy.
Whlie we investigata
Whether or not there
has been an error:
3. You must not yet have fully pa[d for the Du chase.
We cannot try to collect the amount
In question'
If all of the criteria
above are met and you are stiu dissatisfied with the
or report
you as delinquent
on that amount'
- . purchase. contact us in writing
at the address tor billing errors and
the charge In question
may remain on your:t-:t±-t, custonwr service Inquirfes shown on Page 1of your statement,
. and we may continue
to charge you Interest on that amount'
Preview
FILED: CHENANGO COUNTY CLERK 01/17/2020 01:07 PM INDEX NO. 2019-5466 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2020 06/03/2021 AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY CITIBANK, N.A. . (Debt Buyer Actions) STATE OF MISSOURI ) ) ss. COUNTY OF PLATTE ) Account Holder: CRYSTAL S JEFFERS Account #: ending in 4612 SSN/EINTTIN #: xxx-xx The undersigned, being duly sworn, deposes and says: 1. I am an employee of Cidbank, N.A. ("Citibank'), an Original Creditor as defined in Section 202.27-a of the New York Uniform Civil Rules for The Supreme Court and The County Court, and I have personal knowledge of and access to Citibank's books and records ("Busines Records"), including electicnic records, relating to a pool of charged-off consumer credit accounts sold or assigned by Citibank to Midland Funding LLC ("Debt Buyer"), on 11/30/2017 (the "Sale"), which included the account 4612 ("Account") of the consumer CRYSTAL S JEFFERS ("Consumer") identifiedin the exhibits attached hereto and incorpciated herein. As part of the Sale, Citibank assigned allof its interestin the Account, including the right to any proceeds from the Accounts, to Debt Buyer, and Citibank transferred . business records relating to the Accest to Debt Buyer. A true and correct copy of the billof sale which pertains to the Account isattached as an exhibit to this affidavit 2. In my position, I alsohave personal knowledge of Citibank's procedures for . creating and maintaining Citibank's business records pcrtaiñing to the Account ("Business Records"), inclüding Citibank's procedures relating to the sale and assignment of consumer credit accounts. Citibank's Business Records were made in the regular course of business and itwas . the regular course of such business to make the Business Records. The Business Records were . made at or near the time of the events recorded. Based on my knowledge of Citibank's Business Records, I have personal knowledge of the facts set forthin this affidavit . . 3. Citibank and Consumer were parties to a creditagreement ("Aa== -m"), the terms of which are reflected in the last statemera sent to Consumer by Citibank prior to charge- billing off, which isattached hereto as an exhibit. Consumer agreed to pay Citibank for allgoods, services and cash advances provided pursaâñt to the Agreement. The date and the smount of the lastpayment, ifany, made by Cc:=ümer are set forth in an exhibit attached hereto and made a part hereof Consumer defaulted and a demand for payment was made by Citibank. A true and correct copy of the Agreement isâttsdud as an exhibit to this affidavit. 1 of 11 FILED: CHENANGO COUNTY CLERK 01/17/2020 01:07 PM INDEX NO. 2019-5466 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2020 06/03/2021 4. At the time of the Sale, Consumer owed the amount set forthin the exhibits attached hereto and made a part hereof, which exhibits may also show the name of Consumer; the last four digits of the Account ñümbcr, the date and amount of the charge-off balance; the date and . ; amount of the last payment, ifany; the total amounts, ifapplicable, of any post-charge-off interest and post-charge-off fees and charges; any post-charge-off credits or payments made by or on behalf of Consumer; and the balance due atthe time of the Sale. The above statements are true and correct to the best of my personal knowledge. I saicmñly affirm under the penalties of perjury and upon personal knewicage that the contents of the foregoing paper are true. EXECUTED on _/ O , 20 - Signature . . William Peck Name STATE OF MISSOURI ) ) ss. COUNTY OF PLATTE ) Subscribed and sworn to before me William Peck this by day of , 20 . [SEAL] CAROLYN E. HUGHES , Notary PuD$ic - Notary Seat . . Notary Public State of Missouri, Jackson County Commission #14927304 January 26, 2022 My commission Expires Jan 26, 2022 .. My commission expires: _ _ Personally known OR Produced identification Type of identification produced: cm EMPLOYEE BADGE 2 2 of 11 FILED: CHENANGO COUNTY CLERK 01/17/2020 01:07 PM INDEX NO. 2019-5466 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2020 06/03/2021 CERTIFICATE OF CONFORM1TY 1, Kennae Grimsby. an attomey-at-law of the Stateof Missouri who islicensed to pmctice law in theState of . Misse=i and is fullyacquainted with the laws of the Stateof Missouri pertaining to the acknow:cdge-üênt or proof of deeds of real property to be recorded therein,do hereby certifythat Iam duly ÿüññëd to make this .. certificateof conformity pursuant to Section 299-a of the Real Property Law of the State of New York and hereby certify that the ackaswledgement or proof upon the foregoing dc-smset was taken by Carolyn E. . Hughes. notary public in theState of Missouri, in themanner prescribed the laws of the Stateof Missouri by . and conforms to thelaws thereofin allrespects. . IN WITNESS WHEREOF, I have hereunto set my signature, this day of November, 2018. Missouri Bar # 70763 3 of 11 FILED: CHENANGO COUNTY CLERK 01/17/2020 01:07 PM INDEX NO. 2019-5466 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2020 06/03/2021 Contrace ENIMU2EM052517 Document ED: IID517ENIMU2EMBl . . BILL OF SALE AND ASSIGNMENT THIS BILL OF SALE AND ASSIGNMENT dated November 30, 2017, is by Citibank, N.A., a nationni banking association organized under the laws of the United States. located at 701 East 60th Street North, Sioux Falls, SD 57117 (the "Bank") to Midland Funding LLC, a limited liabilitycompany organized under the laws of the Delaware, with itsheadquarters/principal place of business at 3111 Camino del Rio North, Suite 103, San Diego, CA 92108 ("Buyer"). For value received and subject to the terms and conditions of the Purchase and Sale Agreement dated May 25, 2017, between Buyer and the Bank (the "Agreement"), the Bank does hereby . transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyer's successors and assigns, the Accounts described in Exhibit 1 (Asset Schedule) and the Final Electronic File. . . . With respect to information for the Accounts listed in Exhibit I (Asset Schedule) and the F*mal Electronic File, the Bank represents and warrants to Buyer that (i) the Account infêsatics constitutes the Bank's own business records and accurately reflectsin all material respects the information in the Bank's database; (ii) the Account inicsation was kept in the regular course of business; (iii)the Account information was made at or near the time by, or from information . transmitted by, a person with knowledge of the data entered into and maintained in the Account's . database; and (iv) itis the regular practice of the Bank's b•sin=ss to maintain and compile such data. Citibank, N.A. Signature) Name: SmM.Camay,SVP 11500NWAmtmosedorDdve Ste, 400 Midland052517 . . 4 of 11 FILED: . ... CHENANGOa COUNTY CLERK 01/17/2020 01:07 PM--- INDEX NO. 2019-5466 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2020 06/03/2021 Contract:EN1MU2EM052517 Document ID: II05l?EN1MU2EMA1 EXHIBIT 1 ASSET SCHEDULE The individual Accounts transferred are described in the Final Electronic File narned "Encore- . Sears-Endy-Out-MasterCdaad-Private-Label-Flow-Aug-Sept-Oct.1117" delivered by the Bank to Buyer, the same deemed attached hereto by thisreference. . # of Sale Cat-Ott Lot Sale ID Accounts Sale Balance Rate Date SearS MasterCard and Private . Label Post- Early Out Mow U2 11/05/2017 MNInd0S2517 5 of 11 FILED: CHENANGO COUNTY CLERK 01/17/2020 01:07 PM INDEX NO. 2019-5466 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2020 06/03/2021 ca Customer Service: ---- Account SERS CREM CARDS Statement Po sex sage,sieuxrah40s7t9-s2s2 Mastercard Summary of Account Activity Payment Information Previous Balance . $3,266.96 Mem Balance $3.379.06 Payments -s0.00- Minimum Payment Due 51,316.06 . Other Credits _............. -Sh Due Payment Date September 4, 2017 Purchases +$0,00 Cash Advances +$0.00 Late PaymentWarning: if we do not sceive your minimum payment by the Fees Charqed +S37.00 date Estedabove. you may have to pay alate fee up to S37. InterestCharqed +$7630 Minimum Payment Warning: If you make only the minimum paymenteach New Balance $3,379.06 psiod,you win pay more b interest andit will take you longer to pay off your balance. For example: fast Due Amount $790.00 s . ou make ni payson the 9 , Anif you w I 'CreditUmb $0 Pay AvailableCredit 50.00 - - ----- - Cash Advance Umit SO.00 Qny the minimum p yment 13 years $7,470 AyallableCash limit 80.00 st ay $4.S17 a yeare Amount Over CreditLimit $379.06 .. . (SaWngs--52,553) Statement ClosingDate 08/08/20_17_ a you woumnkewounanonaboutandt counsethgserv ces,can t-a77-asr-at as. . NextStatement ClosingDate 09/07/2017 , Daysin Cycle Billing 32 New York residents may contact the New York State Department of Financial services by telephone, 1-800-342-3736, or visit its weballs, www.dfs.ny.gov, for free information on comparative credit card rates. Ises and grace parkxis, - a Please note that if we iscüksd yaur pay by phone or onroe payment between 5 p.m ET and midnight ET on the last day of your bming pedod, your until your next statement. payment will not bareflected Please update your phone number, includng ceEphone number en the back of the payment coupon. . fat.EASESEEIMPORTANTINFORMATIONONPAGE2, Page1 of 4 . This Account is issued by otttbank, NA ..--..--L Ase cD_a_ aggn ofyngos_ga_ppen_tfogy,e. o o_ggunecads. 4 . Your Account Numberts 4612 aGS Payment Due Date September 4,2017 $&'EEE.sosmr-sas . Attention: to make an in-store New Balance $3,379.06 payment at Sears and Krnart Past Due Amountt 3790.00 on your Sears card account Mbdmum Payment Due $1,516.06 $tatemantEnclosed PastDueAmoun1fe Included inmeidlnimumPayment Due. Pleaseprintaddresscimnges en the reversesMe. IWlakeChecksPayable to v SEARS CREDIT CARDS CRYSTAL S JEFFERS . PO BOX 9001055 7 UNION ST . LOUl$VILLE,KY 40290-1055 . PO BOX 508 SHERBURNE, NY 13460-0508 6 of 11 FILED: CHENANGO COUNTY CLERK 01/17/2020 01:07 PM INDEX NO. 2019-5466 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2020 06/03/2021 InformationAboutYour Account When Your Payment WW Be Credited, If we receive your payment in How to Avoid Paying laterest on Purchases..Your payment due date Isproper torm at our processing facility by 5 p.m.Iocal time there..it wilt be E of that day. A paymentreceived at least 25 days after the close of each billing cycle. Wewill not chargo you there m proper form atter that c=diteý time wdl be credited as of the next day. Allow 5 to 7 days for payments by any [nterest on purchases if you pay your New Salance by the payment due . regular mail to reach us. Theremay be a deIay of up to5 date each month- ThisTscatted a grace perfad on purchases. To get a grace days In crediting a payment we receive that is not in proper form or isnot sent to the correct period on purchases, you must pay the New Balance by the payment due . date every b|‡g cycle. We wilibegin address. The correct address for regular mall ISthe address on the front charging interest on cash advances of the payment coupon. The correct addfoss for cour!er or express mall and batence transfers (if available on your account) on the transaction date. It you have a balance $Ubject to a deferred interest promotion is the Express Mail Address shown in the Express Mail section. and that proper promotion does not expire before the payment due date, that balance FormJor a payment sent by mail or courier to be In proper form, (an"excluded balance") Isexcluded from the amount you must payln you must: • full to get a grace period on a purchase balance other than an excluded Enclose a valid check or money order. No cash. gift cards, or foreign balance.in addition, If you have a major purchase plan balance, that currencyplease. . balance (an "excluded balance") [s excluded from the amount you must • include your name and the fast four digits of your accountnumber. pay in full to get a grace period on a purchase balance other than an Payment Other Than By Mall excluded balance. However, you must still pay any separately required * in-5tore(Where Available). payment on the excluded balance.In billing cycles In which payments are Any payment in proper form accepted In- store wifi be credited as of that day. However, credit affocated to deferred interest balances first, the deferred interest balance availabiEty may be sWecHo wilt be reduced before any other balance on the account. However, you McaNon I funds, Not alistores accept payments. Contact wilicontinue your local store tosee to get a grate period on purchases, other than an excluded f in-store payments are accepted at that locatlon. • Online. Go to the URL on Page I of your statement to make a payment. balance, so long as you pay the New Balance (less any excluded balance, for security reasons, you may not be able to pay your entire New plus any separately requ!red payment on an excluded balance) in fun by the payment due date each blMng cycle, Balance the first bme you make a payment online. The payment cutofI time for online Bilt Payments is midnight Eastern time. This means that In addition, certain promotional of fers may take away the grace period on purchases,0ther promotionalof fers not described above may also allowwe willcredit your account as of the calendar day, based on Eastern . time, that we receive your payment request you tohave a grace period on purchases without having to pay all or a portion of the prometh!khe • AutoPay. at Account Online to have your payment amount by the payment due date. If either is S!gmp the case, the promotional offer willdescribe what happens. =tomMie!!y deducted each month from the account you choose. How We Calculate Your Balance Subject to Interest Rate.. Weuse a Your card account will becredited on the due date with that amount. - Phone.Calithe phone number on Page1 of your statement to make daily balance method (including current transactions) to calculate interest charges.To find out more information about the balance computaÙon a payment. We may process your payment atter we electronically venly your identity. The payment cutof f thne for PhonePayments method and how the resulting Interest charges were determined, contact usat the Account inquiries number on the front. is midnight Eastern time. This means that WewIll credit your account Balance Transfers.8alance transfer amounts are Included In the "Purchases" ay nt ue t line in the Summary of Account Activity Of balance transfers- Express MallSend payment by courier or express mail to: are available on your account). Attn: Consumer Payment Dept, 6716 Grade Lane, Transaction Date. The Transaction Dateshown on the statement is also Building 9, Suite 910 the Sate Date- Louisville. KY 40213. Payment must be receivedin proper form at the propeF address by 5 p.m.Eastern time to be credited as of that day. All OtherAccount and Paymentinformation. payments received in proper form at the proper address after that tirne Payment Amount.You may pay ali or part of your account balance at willbe credited as of the next day. any tirne. However, you must pay, by the payment due date, at least the If you send an effolble check with this payment minimum payment due- coupon, you authorize us to complete your payment by electronic debitIf we do, the checidnq account will be debited In the amount on the chect We may do this as soon as the day we receive the check. Also, the check WHIbe destroyed. PLEASESEE IMPORTANTINFORMATIONCM PAGE4 SMC/TGilSGC/SCPil-llPs Plan-2DEC15 /A/• ME- 1238-5300-OCG748/- EM-9-NOPLAY. - 4C/•G•e - X-204DhP- E- Y - D- NwE674 - •402+0-0 - t4 - 39-July1,20114G/•N-• • VH40. - G41YW -N-V --0- iFbo†fD8517-06/D1/ 0+--{dre • * vHSCM Page 2 of 4 Please providechange of adciressand update/add your phone numbers'here: (Use blue or black ink.) *Cell: 'Home: . 'Phone: By giving us a cell number or a number (ater converted to a cell number, you agree that we or our service providers can contact you at that number by autodiater, recorded or artificial voice, or a text. Your phone plan charges may apply 7 of 11 FILED: CHENANGO COUNTY CLERK 01/17/2020 01:07 PM INDEX NO. 2019-5466 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2020 06/03/2021 . **** **** **** Account: 4612 TRANSACTIONS TrurtsDateDasedption . Referenes# Amount FEES 0804 LATEFEE S 3720 TOTAL FEESFOR THISPEH2OD S 31AO . INTEREST CHARGED oams INTERESTCHARGEONPURCHASES 6· 76-10 TOTAL INTERESTFORTHISPERIOD s . ra.to TotalFees Charged in 2017 $249.00 TotalInterest Charged in 2017 $511621 ACTIWTY AND PROMOTIONS DETAIL Original Purchases, Promotion Promotion Payments Cash Ady, Promotion Deferred P An Trans Trans Previous & Other Fees & interest New Minknum Interest Exp ranon Amount Date Balance Credits OtherDebits Charged Balance Payment Due Charges Date PuRCHASES . REGULAR • - $3.265m - $37.00 S76.10 $3,379 . CASHADVANCES REGULAR TOTAL $3,286.96 $0m 537.00 $76.10 53,379 $OM son . INTEREST CHARGE CALCULATION ycurAnnuan PercentageRals (APRHsthe mmostederestreaon your account Tygfifof.Bahiiiõe AniiiifatPercentageRéti(APR)$%Batancastil$iiit tdinterest RaleWinterest ChargëP PURCHASES REGULAR 26.24% (DWV) . $3,308.38 $75.10 CASH ADVANCES REGULAR 28.15% [DyV) so.oo som (vp VariableRate (D) = Des . . Page 3 of 4 8 of 11 FILED: CHENANGO COUNTY CLERK 01/17/2020 01:07 PM INDEX NO. 2019-5466 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2020 06/03/2021 CreditReportingDisputes.If you think we reported M*-*ë!e Afterwe finish one of two things ourinvestigation, willhappen: information - to a credit bureau write us at the Customer Service address if we made a mistake: You wlu not have to pay the amount in question shown on Page 1. or any interest or other fees related to that amount. Report a Lost or Stolen Call the Account Inquiries Cat11Immediately. . if we do not believe there was a mistake: You will have to pay the number shown on Page L arnount in question, along with applicable Interest - and fees, We will What To Do If You FInd A &Alstake On Your Statement send you a statement of the amount You owe and the date payment If you think there is an error on your statement, write to us at the mou h nk you owe address for blu1ng errors and customer service hquiries shown on Page lofyour statement, our explanation if you recehe but still believe your billis wrong, you . , n must write to us within 10days telling us that you stlil refuse to pay. In your letter, give us the following we If you do so, you cannot report asdeiInquent withoutalso reporUng • Your name and account number- Account information: that youare your bin. We must tell you the name of questioning • Doger amount; amount of the suspected error- The dollar anyone to whom we reported you es delinquent, and we musnet those * Description of problem: If you think there is an error on your bill, know when the matter has been setued between us. organizations describe what you Delieve is wrong and why you believe It is a mistake. if we do not follow all of the rules above. you do not have to pay the us: You must contact first $50 of the amount you question even if your bill is correct, Within 60 days af ter the error appeared On your statement H You Are Dissatistled Your Rights With 16ur Credit Card Purchases . • At least 3 business days before an cut=W.8 payment is scheduled. If you are dissatisfied with the goods or services that you have purchased If you want to stop payment on the amount you think is wrong- with your credit card, and you have tried in good faith to correct the us of any patential You must notify errors In writing. You rnay call us, problem with the merchant. you may have the right not to pay the but if you do we are not required to investigate any potential errors and remaining amount due on the purchase. you may have to pay the amount In question- To use this right, all of the following must be true: What Will Happen After We Receive Your Letter 1. The purchase must have been made in your home state or within100 miles of your current melling address,and the purchase price must When we receive wa must your intter, do twothings: have been more than $50.(Note:Nelther of these are necessary it L your letter, we must tell you that Within 30 days of receiving your purchase was based an an advertisernant we mailed to you, or we received your fetter. We will also tell you if we have already if we own the company that sold you the goods ar services correctedthe error, 2, You must have used your credit card for the purchase. Purchases 2. Within 90 days of receiving your letter, we must eithercorrect made with cash advances from an ATM or with a check that accesses the error or explain to you why we believe the bin is correct. your credit card account do not quanfy. Whlie we investigata Whether or not there has been an error: 3. You must not yet have fully pa[d for the Du chase. We cannot try to collect the amount In question' If all of the criteria above are met and you are stiu dissatisfied with the or report you as delinquent on that amount' - . purchase. contact us in writing at the address tor billing errors and the charge In question may remain on your:t-:t±-t, custonwr service Inquirfes shown on Page 1of your statement, . and we may continue to charge you Interest on that amount'