Preview
STATE OF CONNECTICUT
MIDLAND FUNDING LLC,
Plaintiff
-Vs- AFFIDAVIT OF MELISSA GROSBERG
GREGORY SCAILS,
Defendant(s).
Melissa Grosberg, whose business address is 16 McLeland Road Suite 101, St. Cloud,
MN 56303, certifies and says:
1. Tam employed as a Legal Specialist by MIDLAND CREDIT MANAGEMENT,
INC. ("MCM") and have access to pertinent records for MCM, servicer of this account
on behalf of MIDLAND FUNDING LLC. I am a competent person over eighteen years
of age, and make the statements herein based upon personal knowledge of those account
records maintained on Plaintiff's behalf. Plaintiff is the current owner of, and/or successor
to, the obligation sued upon, and was assigned all the rights, title and interest to Defendant's
CREDIT ONE BANK, N.A. account XXXXXXXXXXXX1698 (hereinafter "the account").
T have access to and have reviewed the electronic records pertaining to the account
maintained by MCM and am authorized to make this affidavit on Plaintiffs behalf. The
electronic records reviewed consist of data acquired from the seller when Plaintiff purchased
the account, together with records generated by MCM in connection with servicing the
account since the date the account was purchased by Plaintiff. In addition, I reviewed the
documents that are attached to this affidavit.
2. Lam familiar with and trained on the manner and method by which MCM creates and
maintains its business records pertaining to this account. The records are kept in the regular
course of business. It was in the regular course of business for a person with knowledge
of the act or event recorded to make the record or data compilation, or for a person with
knowledge to transmit information thereof to be included in such record. In the regular course
of business, the record or compilation is made at or near the time of the act or event.
AFFIDAVIT OF MELISSA GROSBERG - 1
ILE GCA =
85746518373. | MCMs& records show that the account was charged-off on 2016-11-27 with a balance of
$701.59. On or about 2016-12-21, Plaintiff purchased and was assigned the balance owed by
Defendant of $701.59. As of 2017-10-17, MCMs& records show that the balance of $701.59
remains due and owing and no interest has been assessed to the account. Therefore, Plaintiff
seeks the amount of $701.59 from Defendant. All credits and offsets for payments have been
applied to the balance.
4. | MCMs records state that this action is based upon a credit agreement entered into
between Defendant(s) and the original credit grantor. MCMS records further state that
Defendant(s) used or authorized the use of the credit account but failed to make the payments
due pursuant to the agreement.
5. Based upon my review of MCMs business records: 1} Defendant(s) opened the
CREDIT ONE BANK, N.A. account on.2016-01-20; 2) the last payment posted to the
account on 2016-04-21; and 3) the account was charged off on 2016-11-27.
6. The complete chain of title including CREDIT ONE BANK, N.A. and all post charge-
off purchasers of the debt are as follows:
1, 2016-11-27 Credit One Bank, N.A. P.O. Box 98873,LAS VEGAS,NV,89193
2. 2016-12-13 MHC Receivables, LLC P.O. Box 98873,Las Vegas, NV,89193
3. 2016-12-21 Sherman Originator III LLC 200 Meeting Street,Suite
206,Charleston,SC,29401
4. MIDLAND FUNDING LLC 2365 Northside Dr. Suite 300,San
Diego,CA,92108
7. Attached hereto are the following records regarding the account and/or payments
received:
Exhibit A. Billing statement(s) (including the statement that reflects the charge-off
balance, and the statement recording the last purchase transaction, service
billed, payment, or balance transfer, and an additional monthly statement
sent to Defendant(s))
AFFIDAVIT OF MELISSA GROSBERG - 2
nce CLAIREExhibit B. Bill(s) of Sale and Assignment and/or Affidavit(s) of Sale for the above
referenced sale(s) of the account
Exhibit C. Seller data sheet reflecting the individual account data extracted and
printed from electronic records provided by the seller to MCM pursuant to
the Bill of Sale/Assignment in connection with the sale of the account to
Plaintiff
8. The accuracy of such documents is relied upon by Plaintiff and/or its servicer in
purchasing and collecting this account. These records are trustworthy and relied upon
because the original creditor was required to keep careful records of the account at issue in
this case as required by law and/or suffer business loss.
9. The documents attached hereto are true and correct copies of the originals, being a
reproduction of the records on file on behalf of Plaintiff based upon my review, except to the
extent that confidential and privileged information and/or personal identifying information is
omitted or redacted as required by local rules, and applicable state and federal law.
10. | MCM acquired and incorporated account records into its permanent business records
as a result of Plaintiffs purchase of the account. These records are kept in the regular course
of business on behalf of Plaintiff, and along with the electronic records provided at purchase,
are Plaintiffs primary source of business records for this account.
11. If called to testify as a witness thereon, I could and would competently testify as to all
the facts stated herein.
AFFIDAVIT OF MELISSA GROSBERG - 3
cm AT OT nH
AFPCOTMEDIAI certify under penalty of perjury that the foregoing statements are true and correct.
OCT 26 2017
ate .
Melissa Grosberg
STATE OF MINNESOTA
COUNTY OF STEARNS
Signed and sworn to (or affirmed) before me on OCT 26 2017 by Melissa Grosberg.
perenne ann nn OAANAANAAEAALALAA AA
ESSICA L. HOFFMAN: G2. he Ue
Notary Public - Minnesota Nétary Public
MyCommission Expires dan $1, 2022
CTl
London & London
AFFIDAVIT OF MELISSA GROSBERG - 4
TRA AERA IO
8574651837CREDIT ONE BANK GREUI UAKU SIAIEMEN
‘Account Number QgaUMaMRm) 693
October 26, 2016 to November 25, 2016
SUMMARY OF AGGOUNT ACTIVITY PAYMENT INFORMATION
Previous Balance $684.71 | |New Balance $701 59
Payments - $0.00 | | Past Due Amount $194.00
Other Credits : 30.00 | | Amount Due This Period $542.59
Purchases + 30.00 | | Minimum Payment Due $701.59
Cash Advances + 30.00 | | Payment Due Date 4221116
Fees Chargod + $36.00 | | se payment Wamig:
Interest Charged + $11.88 | | t¢wa do not coveive your minimum payment by the da'e listed above,
New Balance $701,560 | | ¥umay have to pay alate fecup to $25,
Minimem Payment Warning:
Cred Lit “ Op |_| #yeumake oniyae minimum payment each pared, you wl pay more
interest tonger to
Statement Closing Dete snrzsrig | | nieres art Rw take you onger to nay off your Balance,
Days in Bling Cycle 31 | | Forename:
|_____dt TTtyoumakan | Youwilpay offihe | __And-youvad
QUESTIONS? additcnal charges | ‘balance snown on | end up paying
Call Customer Service or Report Using ths cod and | tho sllementin ‘an estimated
aLostorStoten Credit Card 1-877-825-3242 || eachmanthyoupay..| about. folate.
Outside the U.S, Cal 4-702-405-2042 —
Only eminem
Please send biting inquities and correspondence to: payment 4 months 702.00
P.O. Box 98873, Las Vegas, NV 89183-6873
Ifyou would Hie Tocation for ered counseling senses,
al 7-266-515-5720, *
_ TRANSACTIONS _ 7]
Reference Number Trans Date Postale Description of Transaction or Credit Arnount
- . te ._, Fees . ~ wee -
iis 115 LATE FEE 35.00
TOTAL FEES FOR THIS PERIOD 36.00
. . _ InterestChaged
1125 11/25 “Interest Charge on Purchases 41.98
1125 14125. Interest Charge on Gash Advancas 0.00
TOTAL INTEREST FOR THIS PERIOD 11.88
CC 2016 Youls Yearto-Date 1
Total foes charged in 2016 $310.00
Total interest charged in 2016 $91.89
YOUR ACCOUNT IS SCHEDULED 70 BE CHARGED OFF.
THE BALANCE WILL BE DUE IN FULL. CALL (€88)
729-8274,
Your account is currently closed.
INTEREST CHARGE CALCULATION
‘Your Annuel Percentage Rate (APR) the annual interest rate on your account.
Balanco Subject to
‘Type of Balance Annual Porcantage Rate (APR) Interest Rate Interest Charga
Purchases 24.15%(¥) $590.07 $11.88
Cash Advances 24.4594) $0.00 $0.00
(¥)= Variable Rate
205 weH ot 7 28 tI 9 CRPAGE NGL 20 Srer e820 A125 O1EO5905
lever te poco wa your payment ard wie your ecount munbwron your ebeck, ave patito CREDIT ONE BANK.
— >. PAY YOUR BILL ONLINE at CreditOneBank.com
CreditOfie Account Number: Agi s98
PAN
New Balance: $701.59
Minimum Payment Dus: $701.59
For address, telephone and email changes, Payment Dus Date: 2R116
please completa the reverse side.
(Or, update your contact information online
StivanCreatOnesaak com, AMOUNT ENCLOSED:
LeTDoINCIL
CREDIT ONE BANK GREGORY SCAILS
PO BOX 60500 6919 REDER AVE
CITY OF INDUSTRY CA 91716-0500 SAINT LOUIS MO 63121-9411
eleaveTbsTessesT IHL
ED xh 4
sAseeTH MastaCREDIT ONE BANK CREDIT CARD STATEMENT
‘Account Numbe aa 1698
March 26, 2016 ta April 25, 2016
‘SUMMARY OF ACCOUNT ACTIVITY PAYMENT INFORMATION
Previous Balance ‘$407.48 | [New Balance $398.04
Payments - $28.00 | } Past Due Amount $0.00
‘Other Credits - $0.00 | | Amount Due This Period $25.00
Purchases + $7.59 | | Minimum Payment Due $25.00
Cash Advances + $0.00 | | Payment Duo Dato 0572176
Fees Charged + $0.00 | | ote Payment Warning:
Interest Charged * $7.97 || t¢we do not receive your minimum payment by the date listed above,
New Balance Faoe.og | | yournay have to pay alate toe up to $35.
‘Minimum Payment Warning
GreditLimit $490.00 | yu make cry te minimum sayment teh paved, you vl pay mre
‘Available Credit $4.00 }_) in interest and it wil take you longer to pay off your balanco,
Statement Closing Date 04725116
Days in Biting Cycle 31
‘QUESTIONS? balance shown on
Call Gustomer Service or Report i the statement in
Lost or Stolen Credit Card, 1-877-825-3242
Outside the U.S. Cail 1-702-405-2042
Please send biling inquities and correspondence to: 2Omenths
P.O. Box 98873, Las Vegas, NV 89193-8873 paved eaten baa -
call 1-866-515-5720,
TRANSACTIONS
ference Number" __‘Trans Dato Post Date Description of Transaction or Credit ” Amount
jK2 04a __04721_ PAYMENT-DEBITCARD LAS VI WV “25.00
VF 0424 «04/24 FAMILY DOLLAR #10594 OLIVETTE. MO 789
. . ~ bes :
0421 04/21 EXPRESS PAYMENT FEE LAS VEGAS NV 995
0421 (0421 EXPRESS PYMT FEE CREDIT LAS VEGAS CREDIT 9.95
TOTAL FEES FOR THIS PERIOD 000
- ° oo. interest Charged Loe
04735" 04/25 "Interest Charge on Purchases, 197
04725 04/25. Interest Charge cn Cash Advances 0.00
TOTAL INTEREST FOR THIS PERIOD 797
2016 Totals Year-to-Date |
Total fees charged in 2016 $78.00
Total interest charged in 2016 $23.34
INTEREST CHARGE CALCULATION
‘Your Annuat Percentage Rate (APR) is the annual interest rate on your account.
Balance Subject te
‘Type of Balance ‘Annual Percentage Rate (APR) —_ Interest Rata Interest Charge
Purchases 24.ABHV) $395.70 $797
Cash Advances 24.15KY) 30.00 $0.00
()= Variable Rate
sss eH or 7 25 s0mzs 0 PAGE Vot1 20 SizT vem A125 OTE0SSe5
Peace rum his prion wih your payment, anf wre your accourt ruber on your check, made payablets. CREDIT ONG BANK
PAY YOUR BILL ONLINE at CreditOneBank.com
CreditOne’ Account Number: NINN 698
aan New Balance: $398.04
Minimum Payment Due: $25.00
For address, telephone and emialf changes, Payment Due Dat osaine
please complete the reverse sida.
(0, update your contact information ontine
at www.CreditOneBank.com. AMOUNT ENCLOSED:
Lib He Mates t bell aetbee
CREDIT ONE BANK GREGORY SCAILS.
PO BOX 60500 6919 REDER AVE
CITY OF INDUSTRY CA 91716-0500 SAINT LOUIS MO 63121-3411
HUT A sabeeliatleadatiatl sHaUadslatiesleGREUIT UNE BAIR UREUIT UARU SIALEMENT
‘Account Number 1698
June 26, 2016 to July 25, 2016
‘SUMMARY OF ACCOUNT ACTIVITY PAYMENT INFORMATION
Previous Balance $474.25 | | New Balance 3618.1
Payments - 30,00 | } Past Due Amount 375,00
Other Credits - $0.00 Amount Due This Period $61.00
Purchases + $0.00 Minimum Payment Due $136.00
Cash Advances + $0.00 Payment Due Date 0812116
Fees Charged + $35.00
Interest Charged + 60.08 | |e gerne Mier
we da not receive your minimum payment by the date isted above,
‘you may have to pay alate fee up to $35,
Minimum Payment Warring:
New Balance $518.31
Credit Limit s4oo.co | | I i
you make only the minimum payment each period, you wil pay more
Avallable Credit $0.00 | | in imerest and it wil take you Tonge to poy of your balencn.
‘Statement Ciosing Date O7/25116
Days in Biting Cycie 30| | For example:
you make no | Youwitpay ofthe | Andyouwill
‘QUESTIONS? ‘addtional charges | balance showmen | endup paying
Call Customer Service or Report Using tis card and | the statoment in ‘an estimated
a Lost of Stoten Credit Card 1-877-825-3242 _ || each month you pay. about. ‘total of.
Outside the U.S. Call 4-702-405-2042 -
‘Only the rlnimum
Please send biting inquities and correspondence to: Payment
P.0. Box 99075, Las Vegas, NV 09195-8673 Ifyou would Uke a location for erect counseling senices,
€a114-856-515-5720.
TRANSACTIONS
Reference Number” ‘Trans Date “Post Dato Ceseription of Transaction or Cred ‘Amount
~ Fees ~
0725 (0725 LATE FEE 36.00
TOTAL FEES FOR THIS PERIOD 35.00
ee oe “arms (Wntergst Charged * oe
07725 "07/25 Interest Charge on Purchases 9.06
07/25 07/25 _Interest Charge on Cash Advances 0.00
TOTAL INTEREST FOR THIS PERIOD 9.08
2016 Totals Year-to-Date
Total fees charged in 2016 $170.00
Total interest charged in 2016 $48.61
‘YOUR ACCOUNT IS PAST DUE AND WILL ADVERSELY
AFFECT YOUR CREDIT RATING. PLEASE PAY THE
MINIMUM AMOUNT DUE NOW OR CALL (688) 729-6274,
. INTEREST CHARGE CALCULATION
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Balance Subject to
Typo of Balance Annual Percentage Rate (APR) —_—Interest Rate Interest Chargo
Purchases 24.15%KV) $450.07 $9.06
Cash Advances 24.15%4v) $0.00 30.00
(v)= Veriabte Rate
55 s8H oor 7 25 1072s 0 XPAGE16t1 20 ster 620 AIDS OrE OSES
Preaco ctu hs portion wih your payment, and wre your aecount umber on your check, made payable to CREDIT ONE BANK.
CreditOne’
PANE
PAY YOUR BILL ONLINE at CreditOneBank.com
Account Number; 605
New Balance: $518.31
Minimum Payment Due: $136.00
08216
Fos address, telephone and email changes, Payment Due Date:
please compiete the reverse sida.
(Or, update your contact information ontine
atwww.CredtOneBank.com, AMOUNT ENCLOSED:
sDealeaM ees ocell aes Latle
CREDIT ONE BANK GREGORY SCAILS.
PO BOX 60500 6919 REDER AVE
CITY OF INDUSTRY CA 91716-0500 SAINT LOUIS MO 63121-9411
Foadetealesasell fea HeltLebBILL OF SALE AND ASSIGNMENT
FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES, LLC
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Credit
One Bank, N.A. (“Assignor’) transferred, sold, assigned, conveyed, granted and otherwise delivered to MHC
Receivables, LLC (“Assignee”), all of Credit One's right, title and interest in and to (i) the accounts identified on an
account level basis in the data file named ial :- “Computer File”), a copy of which is
included in Exhibit A and incorporated herein by reference; and, (ij) certatn related account level media or electronic
copies thereof (including, but not limited to applications, statements, terms and condition), and (iii) all claims or
rights arising out of or relating to each referenced account (collectively, the “Accounts”). The Accounts transferred
under the terms of the Bill of Sale were cach transferred to MHC immediately following charge off, on the charge
off date for each applicable Account, as shown in the Computer File.
With respect to information for the Accounts described in the related Computer File, Assignor represents
and warrants to Assignee that the business records relating to: (i) the credit card Accounts issued by Credit One; and
(ii) the sale and assignment of Accounts by Credit One (collectively, the “Business Records”), are kept by Credit
One in the regular course of its business. It is in the regular course of business of Credit One for an employee or an
authorized representative with personal knowledge of the act, event, condition, or opinion (collectively “Event") to
be recorded, to make the appropriate memorandum or recording at or reasonably near the time of the Event.
This Bill of Sale and Assignment may be entered as evidence of ownership for any of the Accounts
conveyed hereby.
CREDIT ONE BANK, N.A.
Dated: November 30, 2016
Vicki Scott
Vice President
Exhibit BEXHIBIT A
ACCOUNT SCHEDULE
ifically identified in the electronic file named
with such electronic file incorporated herein by reference.BILL OF SALE AND ASSIGNMENT.
FROM MHC RECEIVABLES, LLC TO SHERMAN ORIGINATOR III LLC
On December 13, 2016, for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, MHC Receivables LLC (“MHC”) transferred, sold, assigned, conveyed, granted and otherwise
delivered to Sherman Originator IIT LLC (“Assignee”), allo’ 's, title and in and to (i) the accounts
identified on an account level basis in the data file named {the “Computer File”), a
copy of which is included in Exhibit A and incorporated herein by reference; (il) certain related account level
media or electronic copies thereof (including, but not limited to applications, statements, terms and condition), and
Gii) all claims or rights arising out of or relating to each referenced account (collectively, the “Accounts”).
With respect to information for the Accounts described in the related Computer File, MHC represents and
warrants to Assignee that the business records relating to: (i) the the credit card Accounts owned by MHC; and (ii)
the sale and assignment of Accounts by MHC (collectively, the “Business Records”), are kept by MHC in the
regular course of its business. It is in the regular course of business of MHC for an employee or an authorized
representative with personal knowledge of the act, event, condition, or opinion (collectively “Event”) to be recorded,
to make the appropriate memorandum or recording at or reasonably near the time of the Event.
This Bill of Sale and Assignment may be entered as evidence of ownership for any of the Accounts
conveyed hereby.
MHC Receivables, LLC
‘eprésentative
Credit One Bank, N.A. (“Credit One") hereby acknowledges the above referenced sale. The Accounts
assigned under the terms of this Bill of Sale were originated by Credit One and have previously been assigned to
MHC in the course of the regular business of Credit One and as reflected as such in the business records and written
agreement between Credit One and its affiliates.
CREDIT ONE BANK, N-A,
Dated: ecgmber 13,20:
Vicki Scott
Vice President of CollectionsEXHIBIT A
ACCOUNT SCHEDULE
The Accounts that are specifically identified in the electronic file named
PERERIII *scuch clectronio fle incorporated herein by reference.AFFIDAVIT OF SALE OF ACCOUNTS
STATE OF NEVADA )
) ss.
COUNTY OF CLARK )
Your Affiant, Vicki Scott, being first duly swom, states under oath as follows:
1
My name is Vicki Scott. 1 am a Vice President of Credit One Bank, N.A. (“Credit One”), and an
Authorized Representative of MHC Receivables, LLC (“MHC”). I am over the age of eighteen and
authorized to make this Affidavit on behalf of Credit One and MHC, If called as a witness, I can testify
to a court competently as to my knowledge of the facts contained herein.
The facts stated herein are within my personal knowledge and are based on my review of the relevant
books and records available to me.
At all times that Credit One or MHC owns any account originated by Credit One (an “Account"), Credit
One services such Account. Further, Credit One, as servicing agent for MHC, maintains the business
records related to such Accounts for MHC.
As part of my regular job duties, I have access to and routinely review the business records of Credit
One and MHC related to the Accounts originated by and serviced by Credit One. Such records include
those maintained by or on behalf of Credit One and MHC in the ordinary course of its business with
Tegard to the sale and assignment of Credit One’s and MHC’s Accounts.
On or about December 13, 2016 MHC sold the pool of Accounts included in the electronic data file,
which specifically references each Account in the data file, named i snd
attached hereto and incorporated herein by reference as “Exhibit A” (identified in this affidavit as “Sold
Accounts”) to Sherman Originator INI LLC (identified in this affidavit as “Sherman”) pursuant to a
Bill of Sale between MHC and Sherman dated December 13, 2016.
The Sold Accounts were originated by Credit One, serviced by Credit One, and owned by MHC
immediately prior to the sale to Sherman on December 13, 2016.
Neither Credit One nor MHC has retained any rights to receive payments, or to collect any monies due
on the Sold Accounts, Credit One and MHC have agreed to transfer all such rights, title and interest in
and to the Sold Accounts to Sherman.
As part of the sale of the Sold Accounts to Sherman, information contained in the business records
relating to the Sold Accounts (the “Business Records”) was provided to Sherman, including certain
information contained in those records shown in Exhibit A. These Business Records were made and/or
recorded by or for Credit One, and by or for MHC, as part of the regular course of business of each
entity at or near the time of the acts, events, or conditions recorded. These Business Records accurately
teflect the status of the Sold Accounts, are truthfully reflected in Exhibit A, and are complete without
errors to the best of my knowledge.
To the extent that these Business Records include records that were prepared by Credit One, those
records were accurately incorporated into the records of MHC as MHC’s own business records.
To the extent that these Business Records include records that were prepared by a third party other than
Credit One, those records were accurately incorporated into the records of both Credit One and MHC as
business records, and were relied upon thereon,The above statements are true and correct to the best of my knowledge and are made for the benefit of any court that
may, from time to time, consider whether Sherman Originator III LLC (or its successors or assigns) has the right
to-enforce Gj tights related to the Sold Accounts.
Signed thi day of 2017,
Vicki Scott uel
Credit One Bank, N.A, — Vice President
MHC Receivables, LLC — Authorized Representative
ACKNOWLEDGMENT OF SIGNATURE BY LICENSED NOTARY
STATE OF NEVADA )
) ss.
COUNTY OF CLARK )
This instrument was acknowledged before me on the q day of a at 3 20. i? by Vicki Scott,
Authorized Representative of MHC Receivables, LLC, and Vice President of Collections for Credit One Bank, N.A.
Qh heotemd
Notary Public
TESSABECK-SMITH
Public State of Novada $
Neeniio. 1beaalae]
co? Wy appt. np. Apt 1. 2020CERTIFICATE OF CONFORMITY
STATE OF NEVADA )
) ss.
COUNTY OF CLARK )
I, lessaca mM veda » 8m attorney-at-law admitted to practice in the State of Nevada as In House
Counsel for Credit One , N.A., do hereby certify that | am fully acquainted with the laws of the State of Nevada
pertaining to administration and taking of oaths, affirmations and acknowledgements, I further state that I am duly
qualified to make this Certificate of Conformity and that the acknowledgement upon the Affidavit of Sale was taken
by Tessa Beck-Smith, notary public in the State of Nevada, in the manner prescribed by the laws of the State of
Nevada,
IN WINESS WHEREOF, [ have signed this Certificate the “* day of Janna} 2017
w for the State of NVBILL OF SALE AND ASSIGNMENT
Closing Date: December 21, 2016
+ Sherman Originator HI LLC (‘Seller’), for value received and in accordance with the terms of the Purchase
and Sale Agreement by and between Sherman Originator 1 LLC and Midland Funding LLC (‘Buyer’), dated as of
March 21, 2016 (“Agreement”), does hereby sell, assign and transfer to Buyer, its successors and assigns, all right,
title and interest. in and tothe accounts _as__described__on__computer__file _ named
the
“Computer File”) and furnished by Seller to Buyer in connection herewith (the “Purchased Accounts”),
This Bill of Sale and Assignment is subject to the terns of the Agreement, and is made without
representations and warranties of any kind or character yt as fed in the
‘With respect to information for the Purchased Accounts described in the related Computer File, Seller
represents and warrants to Buyer that such information (i) is materially complete and accurate; (ii) constitutes Seller's
own business records that pertain to the Purchased Accounts and accurately reflects in all material respects the
information in Seller’s database; (iii) was kept in‘ the regular course of Seller’s business; (iv) was made, entered or
compiled in the regular course of business, (v} was recorded at or near the time the underlying activity occurred, by a
person with knowledge of the data recorded, (vi) has been ‘accurately maintained in Seller's database since it was
recorded there; and (vii) it is the regular practice of Seller's business to maintain and compile such date.
This Bill of Sale and Assignment may be entered as evidence of ownership for any of the Purchased Accounts
conveyed hereby.
DATE: December 21, 2016
SHERMAN ORIGINATOR DI LLC
By: -
Jon i, Vice PycgicAFFIDAVIT OF SALE OF ACCOUNTS BY
SHERMAN ORIGINATOR I LLC
State of South Carolina
County of Charleston
I, Jon Mazzoli, hereby affirm as follows:
iL
Tam over 18 and not a party to this action. [ am a Vice President of Sherman Originator III LLC. In that
capacity, I have access to certain books and records of Sherman Originator III LLC and certain of its
subsidiaries and affiliates (as defined by common control) (hereinafter referred to collectively as “Sherman
Originator Il LLC”), and am aware of the process of the sale and assignment of electronically stored
business records.
Sherman Originator I] LLC owns certain accounts and maintains and records information in its business
records as thdse records relate to such accounts, I am authorized to make the statements and
representations set forth in this affidavit on behalf of Sherman Originator TI LLC. The statements set
forth herein are true and correct to the best of my knowledge, information, and belief, based on either
personal knowledge or review of the business records of Sherman Originator Iff LLC.
As part of my regular job duties, I have knowledge of and access “to business records relating to the
Accounts (as defined below). These records are kept by Sherman Originator If LLC in the regular course
of business. It is in the regular course of business of Sherman Originator II LLC for an employee or
representative with personal knowledge of the act, event, condition, or opinion recorded to make
memorandum or records, or to transmit information thereof, at or near the time of the act or event recorded,
or reasonably scon thereafter.
On December 21, 2016 Sherman Originator I LLC sold a pool of charged-off accounts (hereinafter
referred fo collectively as “Accounts”), described on uter file which specifically references each
. account in the data file, named
(the “Computer File”) by a Purchase and Sale Agreement and a Bill
of Sale and Assignment to Midland Funding LLC (the “Buyer”) (such transaction being the “Sale”).
Sherman Originator III LLC had previously bought the Accounts on December 13, 2016.
The originating creditor and prior servicer of the Accounts was Credit One Bank, N.A. Prior to the Sale,
Shennan Originator It LLC had previously bought the Accounts on December 13, 2016 from Credit Que
and its affiliates. On the Sale Date, Sherman Originator II LLC had clear and marketable title to the
Accounts and neither Credit One, nor any affiliate of Credit One, or any other party has retained any right,
title or interest in the Accounts.
Pursuant to the Sale, Sherman Originator MI LLC sold, transferred, assigned, conveyed, granted,
bargained, set over and delivered to the Buyer and its successors and assigns as of the Sale Date: (i) good
and marketable title to the Accounts; (ii) the right to any future payments made arising out of the Accounts
whether due on the Sale date or accruing thereafter under the terms of the applicable Account terms, (iii)
any unpaid balance related to the Accounts, and (iv) all account documents in seller’s possession. All of
the Accounts transferred to Buyer were transferred free and clear of any encumbrance, equity, lien, pledge,
charge, claim or security interest of any kind. I am not aware of any errors or defects related fo the
Accounts, the Computer File, the account documents, or Sherman Originator I LLC’s ownership of and
title to the Accounts,
In connection with the sale of the Accounts, various records in different formats were transferred to or
otherwise made available to the Buyer (the “Business Records”), These Business Records were kept by
Sherman Originator III LLC in the regular course of business. It was within Sherman Originator Ili LLC's.
regular course of business for a represéntative with personal knowledge of the act, event, condition, or
opinion recorded to make memorandums or records or to transmit information thereof to be included in
memorandums or records, Any such memorandums or records were created at or near the time of the act
2or event recorded or reasonably soon thereafter. To the extent that the Business Records include records
that were prepared by a third party, an agent, an affiliate, or a subsidiary, those records were incorporated
into the records of Sherman Originator III LLC becoming part of its own Business Records, -
The above statements are tre to'the best of my knowledge.
Signed this 24th day of February, 2017CERTIFICATE OF CONFORMITY
|, James Carter, an attorney-at-law admitted -to practice in the State of South Carolina
and fully acquainted with the laws of the State of South Carolina pertaining to the
acknowledgement or proof of deeds of real property to be recorded therein, do hereby certify
that | am duly qualified to make this certificate of conformity and that the acknowledgement or
proof upon the affidavit taken by Sarah Davis, notary public in the State of South Carolina, in
the manner prescribed by the laws of the State of South Carolina and conforms to the laws
thereof in all respects.
IN WITNESS WHEREOF, | have hereunto set my signature, on February 24, 2017,
‘torney at Law, State of South CarolinaField Field Data
AccountNumber 698
SSN
DateOfBirth 7
BrwrFirstName Gregory
BrwrLastName Scails
BrwrAddr1 6919 Reder Ave
City Saint Louis
State MO
Zip 63121
HomePhone 3147247868
OriginationDate 01/20/2016
LastPmtDate 04/21/2016
LastPmtAmt $25.00
ChgOffDate 11/27/2016
ChgOffBalance $701.59
CurrBalance $701.59
Data printed from electronic records provided by Sherman Originator Ill, LLC pursuant to the Bill of Sale / Assignment of
Accounts transferred on or about 12/21/2016 in connection with the sale of accounts from Sherman Originator III, LLC to
Midland Funding, LLC.
Exhibit C
Preview
STATE OF CONNECTICUT MIDLAND FUNDING LLC, Plaintiff -Vs- AFFIDAVIT OF MELISSA GROSBERG GREGORY SCAILS, Defendant(s). Melissa Grosberg, whose business address is 16 McLeland Road Suite 101, St. Cloud, MN 56303, certifies and says: 1. Tam employed as a Legal Specialist by MIDLAND CREDIT MANAGEMENT, INC. ("MCM") and have access to pertinent records for MCM, servicer of this account on behalf of MIDLAND FUNDING LLC. I am a competent person over eighteen years of age, and make the statements herein based upon personal knowledge of those account records maintained on Plaintiff's behalf. Plaintiff is the current owner of, and/or successor to, the obligation sued upon, and was assigned all the rights, title and interest to Defendant's CREDIT ONE BANK, N.A. account XXXXXXXXXXXX1698 (hereinafter "the account"). T have access to and have reviewed the electronic records pertaining to the account maintained by MCM and am authorized to make this affidavit on Plaintiffs behalf. The electronic records reviewed consist of data acquired from the seller when Plaintiff purchased the account, together with records generated by MCM in connection with servicing the account since the date the account was purchased by Plaintiff. In addition, I reviewed the documents that are attached to this affidavit. 2. Lam familiar with and trained on the manner and method by which MCM creates and maintains its business records pertaining to this account. The records are kept in the regular course of business. It was in the regular course of business for a person with knowledge of the act or event recorded to make the record or data compilation, or for a person with knowledge to transmit information thereof to be included in such record. In the regular course of business, the record or compilation is made at or near the time of the act or event. AFFIDAVIT OF MELISSA GROSBERG - 1 ILE GCA = 85746518373. | MCMs& records show that the account was charged-off on 2016-11-27 with a balance of $701.59. On or about 2016-12-21, Plaintiff purchased and was assigned the balance owed by Defendant of $701.59. As of 2017-10-17, MCMs& records show that the balance of $701.59 remains due and owing and no interest has been assessed to the account. Therefore, Plaintiff seeks the amount of $701.59 from Defendant. All credits and offsets for payments have been applied to the balance. 4. | MCMs records state that this action is based upon a credit agreement entered into between Defendant(s) and the original credit grantor. MCMS records further state that Defendant(s) used or authorized the use of the credit account but failed to make the payments due pursuant to the agreement. 5. Based upon my review of MCMs business records: 1} Defendant(s) opened the CREDIT ONE BANK, N.A. account on.2016-01-20; 2) the last payment posted to the account on 2016-04-21; and 3) the account was charged off on 2016-11-27. 6. The complete chain of title including CREDIT ONE BANK, N.A. and all post charge- off purchasers of the debt are as follows: 1, 2016-11-27 Credit One Bank, N.A. P.O. Box 98873,LAS VEGAS,NV,89193 2. 2016-12-13 MHC Receivables, LLC P.O. Box 98873,Las Vegas, NV,89193 3. 2016-12-21 Sherman Originator III LLC 200 Meeting Street,Suite 206,Charleston,SC,29401 4. MIDLAND FUNDING LLC 2365 Northside Dr. Suite 300,San Diego,CA,92108 7. Attached hereto are the following records regarding the account and/or payments received: Exhibit A. Billing statement(s) (including the statement that reflects the charge-off balance, and the statement recording the last purchase transaction, service billed, payment, or balance transfer, and an additional monthly statement sent to Defendant(s)) AFFIDAVIT OF MELISSA GROSBERG - 2 nce CLAIREExhibit B. Bill(s) of Sale and Assignment and/or Affidavit(s) of Sale for the above referenced sale(s) of the account Exhibit C. Seller data sheet reflecting the individual account data extracted and printed from electronic records provided by the seller to MCM pursuant to the Bill of Sale/Assignment in connection with the sale of the account to Plaintiff 8. The accuracy of such documents is relied upon by Plaintiff and/or its servicer in purchasing and collecting this account. These records are trustworthy and relied upon because the original creditor was required to keep careful records of the account at issue in this case as required by law and/or suffer business loss. 9. The documents attached hereto are true and correct copies of the originals, being a reproduction of the records on file on behalf of Plaintiff based upon my review, except to the extent that confidential and privileged information and/or personal identifying information is omitted or redacted as required by local rules, and applicable state and federal law. 10. | MCM acquired and incorporated account records into its permanent business records as a result of Plaintiffs purchase of the account. These records are kept in the regular course of business on behalf of Plaintiff, and along with the electronic records provided at purchase, are Plaintiffs primary source of business records for this account. 11. If called to testify as a witness thereon, I could and would competently testify as to all the facts stated herein. AFFIDAVIT OF MELISSA GROSBERG - 3 cm AT OT nH AFPCOTMEDIAI certify under penalty of perjury that the foregoing statements are true and correct. OCT 26 2017 ate . Melissa Grosberg STATE OF MINNESOTA COUNTY OF STEARNS Signed and sworn to (or affirmed) before me on OCT 26 2017 by Melissa Grosberg. perenne ann nn OAANAANAAEAALALAA AA ESSICA L. HOFFMAN: G2. he Ue Notary Public - Minnesota Nétary Public MyCommission Expires dan $1, 2022 CTl London & London AFFIDAVIT OF MELISSA GROSBERG - 4 TRA AERA IO 8574651837CREDIT ONE BANK GREUI UAKU SIAIEMEN ‘Account Number QgaUMaMRm) 693 October 26, 2016 to November 25, 2016 SUMMARY OF AGGOUNT ACTIVITY PAYMENT INFORMATION Previous Balance $684.71 | |New Balance $701 59 Payments - $0.00 | | Past Due Amount $194.00 Other Credits : 30.00 | | Amount Due This Period $542.59 Purchases + 30.00 | | Minimum Payment Due $701.59 Cash Advances + 30.00 | | Payment Due Date 4221116 Fees Chargod + $36.00 | | se payment Wamig: Interest Charged + $11.88 | | t¢wa do not coveive your minimum payment by the da'e listed above, New Balance $701,560 | | ¥umay have to pay alate fecup to $25, Minimem Payment Warning: Cred Lit “ Op |_| #yeumake oniyae minimum payment each pared, you wl pay more interest tonger to Statement Closing Dete snrzsrig | | nieres art Rw take you onger to nay off your Balance, Days in Bling Cycle 31 | | Forename: |_____dt TTtyoumakan | Youwilpay offihe | __And-youvad QUESTIONS? additcnal charges | ‘balance snown on | end up paying Call Customer Service or Report Using ths cod and | tho sllementin ‘an estimated aLostorStoten Credit Card 1-877-825-3242 || eachmanthyoupay..| about. folate. Outside the U.S, Cal 4-702-405-2042 — Only eminem Please send biting inquities and correspondence to: payment 4 months 702.00 P.O. Box 98873, Las Vegas, NV 89183-6873 Ifyou would Hie Tocation for ered counseling senses, al 7-266-515-5720, * _ TRANSACTIONS _ 7] Reference Number Trans Date Postale Description of Transaction or Credit Arnount - . te ._, Fees . ~ wee - iis 115 LATE FEE 35.00 TOTAL FEES FOR THIS PERIOD 36.00 . . _ InterestChaged 1125 11/25 “Interest Charge on Purchases 41.98 1125 14125. Interest Charge on Gash Advancas 0.00 TOTAL INTEREST FOR THIS PERIOD 11.88 CC 2016 Youls Yearto-Date 1 Total foes charged in 2016 $310.00 Total interest charged in 2016 $91.89 YOUR ACCOUNT IS SCHEDULED 70 BE CHARGED OFF. THE BALANCE WILL BE DUE IN FULL. CALL (€88) 729-8274, Your account is currently closed. INTEREST CHARGE CALCULATION ‘Your Annuel Percentage Rate (APR) the annual interest rate on your account. Balanco Subject to ‘Type of Balance Annual Porcantage Rate (APR) Interest Rate Interest Charga Purchases 24.15%(¥) $590.07 $11.88 Cash Advances 24.4594) $0.00 $0.00 (¥)= Variable Rate 205 weH ot 7 28 tI 9 CRPAGE NGL 20 Srer e820 A125 O1EO5905 lever te poco wa your payment ard wie your ecount munbwron your ebeck, ave patito CREDIT ONE BANK. — >. PAY YOUR BILL ONLINE at CreditOneBank.com CreditOfie Account Number: Agi s98 PAN New Balance: $701.59 Minimum Payment Dus: $701.59 For address, telephone and email changes, Payment Dus Date: 2R116 please completa the reverse side. (Or, update your contact information online StivanCreatOnesaak com, AMOUNT ENCLOSED: LeTDoINCIL CREDIT ONE BANK GREGORY SCAILS PO BOX 60500 6919 REDER AVE CITY OF INDUSTRY CA 91716-0500 SAINT LOUIS MO 63121-9411 eleaveTbsTessesT IHL ED xh 4 sAseeTH MastaCREDIT ONE BANK CREDIT CARD STATEMENT ‘Account Numbe aa 1698 March 26, 2016 ta April 25, 2016 ‘SUMMARY OF ACCOUNT ACTIVITY PAYMENT INFORMATION Previous Balance ‘$407.48 | [New Balance $398.04 Payments - $28.00 | } Past Due Amount $0.00 ‘Other Credits - $0.00 | | Amount Due This Period $25.00 Purchases + $7.59 | | Minimum Payment Due $25.00 Cash Advances + $0.00 | | Payment Duo Dato 0572176 Fees Charged + $0.00 | | ote Payment Warning: Interest Charged * $7.97 || t¢we do not receive your minimum payment by the date listed above, New Balance Faoe.og | | yournay have to pay alate toe up to $35. ‘Minimum Payment Warning GreditLimit $490.00 | yu make cry te minimum sayment teh paved, you vl pay mre ‘Available Credit $4.00 }_) in interest and it wil take you longer to pay off your balanco, Statement Closing Date 04725116 Days in Biting Cycle 31 ‘QUESTIONS? balance shown on Call Gustomer Service or Report i the statement in Lost or Stolen Credit Card, 1-877-825-3242 Outside the U.S. Cail 1-702-405-2042 Please send biling inquities and correspondence to: 2Omenths P.O. Box 98873, Las Vegas, NV 89193-8873 paved eaten baa - call 1-866-515-5720, TRANSACTIONS ference Number" __‘Trans Dato Post Date Description of Transaction or Credit ” Amount jK2 04a __04721_ PAYMENT-DEBITCARD LAS VI WV “25.00 VF 0424 «04/24 FAMILY DOLLAR #10594 OLIVETTE. MO 789 . . ~ bes : 0421 04/21 EXPRESS PAYMENT FEE LAS VEGAS NV 995 0421 (0421 EXPRESS PYMT FEE CREDIT LAS VEGAS CREDIT 9.95 TOTAL FEES FOR THIS PERIOD 000 - ° oo. interest Charged Loe 04735" 04/25 "Interest Charge on Purchases, 197 04725 04/25. Interest Charge cn Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD 797 2016 Totals Year-to-Date | Total fees charged in 2016 $78.00 Total interest charged in 2016 $23.34 INTEREST CHARGE CALCULATION ‘Your Annuat Percentage Rate (APR) is the annual interest rate on your account. Balance Subject te ‘Type of Balance ‘Annual Percentage Rate (APR) —_ Interest Rata Interest Charge Purchases 24.ABHV) $395.70 $797 Cash Advances 24.15KY) 30.00 $0.00 ()= Variable Rate sss eH or 7 25 s0mzs 0 PAGE Vot1 20 SizT vem A125 OTE0SSe5 Peace rum his prion wih your payment, anf wre your accourt ruber on your check, made payablets. CREDIT ONG BANK PAY YOUR BILL ONLINE at CreditOneBank.com CreditOne’ Account Number: NINN 698 aan New Balance: $398.04 Minimum Payment Due: $25.00 For address, telephone and emialf changes, Payment Due Dat osaine please complete the reverse sida. (0, update your contact information ontine at www.CreditOneBank.com. AMOUNT ENCLOSED: Lib He Mates t bell aetbee CREDIT ONE BANK GREGORY SCAILS. PO BOX 60500 6919 REDER AVE CITY OF INDUSTRY CA 91716-0500 SAINT LOUIS MO 63121-3411 HUT A sabeeliatleadatiatl sHaUadslatiesleGREUIT UNE BAIR UREUIT UARU SIALEMENT ‘Account Number 1698 June 26, 2016 to July 25, 2016 ‘SUMMARY OF ACCOUNT ACTIVITY PAYMENT INFORMATION Previous Balance $474.25 | | New Balance 3618.1 Payments - 30,00 | } Past Due Amount 375,00 Other Credits - $0.00 Amount Due This Period $61.00 Purchases + $0.00 Minimum Payment Due $136.00 Cash Advances + $0.00 Payment Due Date 0812116 Fees Charged + $35.00 Interest Charged + 60.08 | |e gerne Mier we da not receive your minimum payment by the date isted above, ‘you may have to pay alate fee up to $35, Minimum Payment Warring: New Balance $518.31 Credit Limit s4oo.co | | I i you make only the minimum payment each period, you wil pay more Avallable Credit $0.00 | | in imerest and it wil take you Tonge to poy of your balencn. ‘Statement Ciosing Date O7/25116 Days in Biting Cycie 30| | For example: you make no | Youwitpay ofthe | Andyouwill ‘QUESTIONS? ‘addtional charges | balance showmen | endup paying Call Customer Service or Report Using tis card and | the statoment in ‘an estimated a Lost of Stoten Credit Card 1-877-825-3242 _ || each month you pay. about. ‘total of. Outside the U.S. Call 4-702-405-2042 - ‘Only the rlnimum Please send biting inquities and correspondence to: Payment P.0. Box 99075, Las Vegas, NV 09195-8673 Ifyou would Uke a location for erect counseling senices, €a114-856-515-5720. TRANSACTIONS Reference Number” ‘Trans Date “Post Dato Ceseription of Transaction or Cred ‘Amount ~ Fees ~ 0725 (0725 LATE FEE 36.00 TOTAL FEES FOR THIS PERIOD 35.00 ee oe “arms (Wntergst Charged * oe 07725 "07/25 Interest Charge on Purchases 9.06 07/25 07/25 _Interest Charge on Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD 9.08 2016 Totals Year-to-Date Total fees charged in 2016 $170.00 Total interest charged in 2016 $48.61 ‘YOUR ACCOUNT IS PAST DUE AND WILL ADVERSELY AFFECT YOUR CREDIT RATING. PLEASE PAY THE MINIMUM AMOUNT DUE NOW OR CALL (688) 729-6274, . INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Balance Subject to Typo of Balance Annual Percentage Rate (APR) —_—Interest Rate Interest Chargo Purchases 24.15%KV) $450.07 $9.06 Cash Advances 24.15%4v) $0.00 30.00 (v)= Veriabte Rate 55 s8H oor 7 25 1072s 0 XPAGE16t1 20 ster 620 AIDS OrE OSES Preaco ctu hs portion wih your payment, and wre your aecount umber on your check, made payable to CREDIT ONE BANK. CreditOne’ PANE PAY YOUR BILL ONLINE at CreditOneBank.com Account Number; 605 New Balance: $518.31 Minimum Payment Due: $136.00 08216 Fos address, telephone and email changes, Payment Due Date: please compiete the reverse sida. (Or, update your contact information ontine atwww.CredtOneBank.com, AMOUNT ENCLOSED: sDealeaM ees ocell aes Latle CREDIT ONE BANK GREGORY SCAILS. PO BOX 60500 6919 REDER AVE CITY OF INDUSTRY CA 91716-0500 SAINT LOUIS MO 63121-9411 Foadetealesasell fea HeltLebBILL OF SALE AND ASSIGNMENT FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES, LLC For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Credit One Bank, N.A. (“Assignor’) transferred, sold, assigned, conveyed, granted and otherwise delivered to MHC Receivables, LLC (“Assignee”), all of Credit One's right, title and interest in and to (i) the accounts identified on an account level basis in the data file named ial :- “Computer File”), a copy of which is included in Exhibit A and incorporated herein by reference; and, (ij) certatn related account level media or electronic copies thereof (including, but not limited to applications, statements, terms and condition), and (iii) all claims or rights arising out of or relating to each referenced account (collectively, the “Accounts”). The Accounts transferred under the terms of the Bill of Sale were cach transferred to MHC immediately following charge off, on the charge off date for each applicable Account, as shown in the Computer File. With respect to information for the Accounts described in the related Computer File, Assignor represents and warrants to Assignee that the business records relating to: (i) the credit card Accounts issued by Credit One; and (ii) the sale and assignment of Accounts by Credit One (collectively, the “Business Records”), are kept by Credit One in the regular course of its business. It is in the regular course of business of Credit One for an employee or an authorized representative with personal knowledge of the act, event, condition, or opinion (collectively “Event") to be recorded, to make the appropriate memorandum or recording at or reasonably near the time of the Event. This Bill of Sale and Assignment may be entered as evidence of ownership for any of the Accounts conveyed hereby. CREDIT ONE BANK, N.A. Dated: November 30, 2016 Vicki Scott Vice President Exhibit BEXHIBIT A ACCOUNT SCHEDULE ifically identified in the electronic file named with such electronic file incorporated herein by reference.BILL OF SALE AND ASSIGNMENT. FROM MHC RECEIVABLES, LLC TO SHERMAN ORIGINATOR III LLC On December 13, 2016, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, MHC Receivables LLC (“MHC”) transferred, sold, assigned, conveyed, granted and otherwise delivered to Sherman Originator IIT LLC (“Assignee”), allo’ 's, title and in and to (i) the accounts identified on an account level basis in the data file named {the “Computer File”), a copy of which is included in Exhibit A and incorporated herein by reference; (il) certain related account level media or electronic copies thereof (including, but not limited to applications, statements, terms and condition), and Gii) all claims or rights arising out of or relating to each referenced account (collectively, the “Accounts”). With respect to information for the Accounts described in the related Computer File, MHC represents and warrants to Assignee that the business records relating to: (i) the the credit card Accounts owned by MHC; and (ii) the sale and assignment of Accounts by MHC (collectively, the “Business Records”), are kept by MHC in the regular course of its business. It is in the regular course of business of MHC for an employee or an authorized representative with personal knowledge of the act, event, condition, or opinion (collectively “Event”) to be recorded, to make the appropriate memorandum or recording at or reasonably near the time of the Event. This Bill of Sale and Assignment may be entered as evidence of ownership for any of the Accounts conveyed hereby. MHC Receivables, LLC ‘eprésentative Credit One Bank, N.A. (“Credit One") hereby acknowledges the above referenced sale. The Accounts assigned under the terms of this Bill of Sale were originated by Credit One and have previously been assigned to MHC in the course of the regular business of Credit One and as reflected as such in the business records and written agreement between Credit One and its affiliates. CREDIT ONE BANK, N-A, Dated: ecgmber 13,20: Vicki Scott Vice President of CollectionsEXHIBIT A ACCOUNT SCHEDULE The Accounts that are specifically identified in the electronic file named PERERIII *scuch clectronio fle incorporated herein by reference.AFFIDAVIT OF SALE OF ACCOUNTS STATE OF NEVADA ) ) ss. COUNTY OF CLARK ) Your Affiant, Vicki Scott, being first duly swom, states under oath as follows: 1 My name is Vicki Scott. 1 am a Vice President of Credit One Bank, N.A. (“Credit One”), and an Authorized Representative of MHC Receivables, LLC (“MHC”). I am over the age of eighteen and authorized to make this Affidavit on behalf of Credit One and MHC, If called as a witness, I can testify to a court competently as to my knowledge of the facts contained herein. The facts stated herein are within my personal knowledge and are based on my review of the relevant books and records available to me. At all times that Credit One or MHC owns any account originated by Credit One (an “Account"), Credit One services such Account. Further, Credit One, as servicing agent for MHC, maintains the business records related to such Accounts for MHC. As part of my regular job duties, I have access to and routinely review the business records of Credit One and MHC related to the Accounts originated by and serviced by Credit One. Such records include those maintained by or on behalf of Credit One and MHC in the ordinary course of its business with Tegard to the sale and assignment of Credit One’s and MHC’s Accounts. On or about December 13, 2016 MHC sold the pool of Accounts included in the electronic data file, which specifically references each Account in the data file, named i snd attached hereto and incorporated herein by reference as “Exhibit A” (identified in this affidavit as “Sold Accounts”) to Sherman Originator INI LLC (identified in this affidavit as “Sherman”) pursuant to a Bill of Sale between MHC and Sherman dated December 13, 2016. The Sold Accounts were originated by Credit One, serviced by Credit One, and owned by MHC immediately prior to the sale to Sherman on December 13, 2016. Neither Credit One nor MHC has retained any rights to receive payments, or to collect any monies due on the Sold Accounts, Credit One and MHC have agreed to transfer all such rights, title and interest in and to the Sold Accounts to Sherman. As part of the sale of the Sold Accounts to Sherman, information contained in the business records relating to the Sold Accounts (the “Business Records”) was provided to Sherman, including certain information contained in those records shown in Exhibit A. These Business Records were made and/or recorded by or for Credit One, and by or for MHC, as part of the regular course of business of each entity at or near the time of the acts, events, or conditions recorded. These Business Records accurately teflect the status of the Sold Accounts, are truthfully reflected in Exhibit A, and are complete without errors to the best of my knowledge. To the extent that these Business Records include records that were prepared by Credit One, those records were accurately incorporated into the records of MHC as MHC’s own business records. To the extent that these Business Records include records that were prepared by a third party other than Credit One, those records were accurately incorporated into the records of both Credit One and MHC as business records, and were relied upon thereon,The above statements are true and correct to the best of my knowledge and are made for the benefit of any court that may, from time to time, consider whether Sherman Originator III LLC (or its successors or assigns) has the right to-enforce Gj tights related to the Sold Accounts. Signed thi day of 2017, Vicki Scott uel Credit One Bank, N.A, — Vice President MHC Receivables, LLC — Authorized Representative ACKNOWLEDGMENT OF SIGNATURE BY LICENSED NOTARY STATE OF NEVADA ) ) ss. COUNTY OF CLARK ) This instrument was acknowledged before me on the q day of a at 3 20. i? by Vicki Scott, Authorized Representative of MHC Receivables, LLC, and Vice President of Collections for Credit One Bank, N.A. Qh heotemd Notary Public TESSABECK-SMITH Public State of Novada $ Neeniio. 1beaalae] co? Wy appt. np. Apt 1. 2020CERTIFICATE OF CONFORMITY STATE OF NEVADA ) ) ss. COUNTY OF CLARK ) I, lessaca mM veda » 8m attorney-at-law admitted to practice in the State of Nevada as In House Counsel for Credit One , N.A., do hereby certify that | am fully acquainted with the laws of the State of Nevada pertaining to administration and taking of oaths, affirmations and acknowledgements, I further state that I am duly qualified to make this Certificate of Conformity and that the acknowledgement upon the Affidavit of Sale was taken by Tessa Beck-Smith, notary public in the State of Nevada, in the manner prescribed by the laws of the State of Nevada, IN WINESS WHEREOF, [ have signed this Certificate the “* day of Janna} 2017 w for the State of NVBILL OF SALE AND ASSIGNMENT Closing Date: December 21, 2016 + Sherman Originator HI LLC (‘Seller’), for value received and in accordance with the terms of the Purchase and Sale Agreement by and between Sherman Originator 1 LLC and Midland Funding LLC (‘Buyer’), dated as of March 21, 2016 (“Agreement”), does hereby sell, assign and transfer to Buyer, its successors and assigns, all right, title and interest. in and tothe accounts _as__described__on__computer__file _ named the “Computer File”) and furnished by Seller to Buyer in connection herewith (the “Purchased Accounts”), This Bill of Sale and Assignment is subject to the terns of the Agreement, and is made without representations and warranties of any kind or character yt as fed in the ‘With respect to information for the Purchased Accounts described in the related Computer File, Seller represents and warrants to Buyer that such information (i) is materially complete and accurate; (ii) constitutes Seller's own business records that pertain to the Purchased Accounts and accurately reflects in all material respects the information in Seller’s database; (iii) was kept in‘ the regular course of Seller’s business; (iv) was made, entered or compiled in the regular course of business, (v} was recorded at or near the time the underlying activity occurred, by a person with knowledge of the data recorded, (vi) has been ‘accurately maintained in Seller's database since it was recorded there; and (vii) it is the regular practice of Seller's business to maintain and compile such date. This Bill of Sale and Assignment may be entered as evidence of ownership for any of the Purchased Accounts conveyed hereby. DATE: December 21, 2016 SHERMAN ORIGINATOR DI LLC By: - Jon i, Vice PycgicAFFIDAVIT OF SALE OF ACCOUNTS BY SHERMAN ORIGINATOR I LLC State of South Carolina County of Charleston I, Jon Mazzoli, hereby affirm as follows: iL Tam over 18 and not a party to this action. [ am a Vice President of Sherman Originator III LLC. In that capacity, I have access to certain books and records of Sherman Originator III LLC and certain of its subsidiaries and affiliates (as defined by common control) (hereinafter referred to collectively as “Sherman Originator Il LLC”), and am aware of the process of the sale and assignment of electronically stored business records. Sherman Originator I] LLC owns certain accounts and maintains and records information in its business records as thdse records relate to such accounts, I am authorized to make the statements and representations set forth in this affidavit on behalf of Sherman Originator TI LLC. The statements set forth herein are true and correct to the best of my knowledge, information, and belief, based on either personal knowledge or review of the business records of Sherman Originator Iff LLC. As part of my regular job duties, I have knowledge of and access “to business records relating to the Accounts (as defined below). These records are kept by Sherman Originator If LLC in the regular course of business. It is in the regular course of business of Sherman Originator II LLC for an employee or representative with personal knowledge of the act, event, condition, or opinion recorded to make memorandum or records, or to transmit information thereof, at or near the time of the act or event recorded, or reasonably scon thereafter. On December 21, 2016 Sherman Originator I LLC sold a pool of charged-off accounts (hereinafter referred fo collectively as “Accounts”), described on uter file which specifically references each . account in the data file, named (the “Computer File”) by a Purchase and Sale Agreement and a Bill of Sale and Assignment to Midland Funding LLC (the “Buyer”) (such transaction being the “Sale”). Sherman Originator III LLC had previously bought the Accounts on December 13, 2016. The originating creditor and prior servicer of the Accounts was Credit One Bank, N.A. Prior to the Sale, Shennan Originator It LLC had previously bought the Accounts on December 13, 2016 from Credit Que and its affiliates. On the Sale Date, Sherman Originator II LLC had clear and marketable title to the Accounts and neither Credit One, nor any affiliate of Credit One, or any other party has retained any right, title or interest in the Accounts. Pursuant to the Sale, Sherman Originator MI LLC sold, transferred, assigned, conveyed, granted, bargained, set over and delivered to the Buyer and its successors and assigns as of the Sale Date: (i) good and marketable title to the Accounts; (ii) the right to any future payments made arising out of the Accounts whether due on the Sale date or accruing thereafter under the terms of the applicable Account terms, (iii) any unpaid balance related to the Accounts, and (iv) all account documents in seller’s possession. All of the Accounts transferred to Buyer were transferred free and clear of any encumbrance, equity, lien, pledge, charge, claim or security interest of any kind. I am not aware of any errors or defects related fo the Accounts, the Computer File, the account documents, or Sherman Originator I LLC’s ownership of and title to the Accounts, In connection with the sale of the Accounts, various records in different formats were transferred to or otherwise made available to the Buyer (the “Business Records”), These Business Records were kept by Sherman Originator III LLC in the regular course of business. It was within Sherman Originator Ili LLC's. regular course of business for a represéntative with personal knowledge of the act, event, condition, or opinion recorded to make memorandums or records or to transmit information thereof to be included in memorandums or records, Any such memorandums or records were created at or near the time of the act 2or event recorded or reasonably soon thereafter. To the extent that the Business Records include records that were prepared by a third party, an agent, an affiliate, or a subsidiary, those records were incorporated into the records of Sherman Originator III LLC becoming part of its own Business Records, - The above statements are tre to'the best of my knowledge. Signed this 24th day of February, 2017CERTIFICATE OF CONFORMITY |, James Carter, an attorney-at-law admitted -to practice in the State of South Carolina and fully acquainted with the laws of the State of South Carolina pertaining to the acknowledgement or proof of deeds of real property to be recorded therein, do hereby certify that | am duly qualified to make this certificate of conformity and that the acknowledgement or proof upon the affidavit taken by Sarah Davis, notary public in the State of South Carolina, in the manner prescribed by the laws of the State of South Carolina and conforms to the laws thereof in all respects. IN WITNESS WHEREOF, | have hereunto set my signature, on February 24, 2017, ‘torney at Law, State of South CarolinaField Field Data AccountNumber 698 SSN DateOfBirth 7 BrwrFirstName Gregory BrwrLastName Scails BrwrAddr1 6919 Reder Ave City Saint Louis State MO Zip 63121 HomePhone 3147247868 OriginationDate 01/20/2016 LastPmtDate 04/21/2016 LastPmtAmt $25.00 ChgOffDate 11/27/2016 ChgOffBalance $701.59 CurrBalance $701.59 Data printed from electronic records provided by Sherman Originator Ill, LLC pursuant to the Bill of Sale / Assignment of Accounts transferred on or about 12/21/2016 in connection with the sale of accounts from Sherman Originator III, LLC to Midland Funding, LLC. Exhibit C