Preview
CREDIT ONE BANK CREDIT:
‘Acéount Na
‘FabrDary'19,.2015:t0 Mt
SUMMARY OF ACCOUNT ACTIVITY
i
Previous Balance,
Statement Ciosiay Date
‘Days in'Biling Cycle
QUESTIONS?,
Call Customer Service or Report
8 Losier Stolan Credit Card
‘Qusiddithe US; Catt
‘New Balance
Past fius Amount
“Amount Due Ths Pétiod,
| Payment:Oive Date
Lato Payment Warning:
i may Wave 16 pay. late feo up ta $35.
* ifs da not ace Ye i pt ba ond
Seed
‘$177.00
‘343864
$500.44
Oana,
771925-3242'
‘WTO2-408:2042'
ns and cotrespondence to:
8873,
Sal 1-885-518-6720.
‘9a would eG a IOeBLGN UOF era egunselng sennes,
PRetecenee Number:
“TRANSACTIONS
Trans Date Pest’Date’ Descrintion of Tronsactonor Credt
cane = 0318 LATE FEE
TOTAL FEES FOR THiS PERIOD
‘faterest Changed
ONIs ‘OM18: Interest Chetge on Purchases:
2918 05/18. Interest Charge on Cash Advances
TOTAL INTEREST FOR THIS PERIOD
2015 Totals Yearta-Date.
Total fees charged in 2018
“Tatatinteresticharged in. 2015
‘YOUR ACCOUNTIS SCHEDULED TO BE CHARGED OFF,
THE BALANCE WILL'BE DUE IN FULL. ‘CALL (688)
Teh8274:
‘Your account is! curently closed.
INTEREST CHARGE CALCULATION,
‘Your Annual Peceftage Rate (APA) is thé Annual jiterest-raté'on yout Bczount.
Balance Subject t
‘Type of, Balance. Aciwal Percentage Rate (APR), interest Rato
Purchases: 23:90%y) SO9247
Cash Advances 25.80%0) $0.00
Syl= Vadabie Rate
sees aii wh 7 re ease. 6 exproR Tay 20 sr sean A" (ooLsses
BAY YOURBILL ONLINE:
Aegount Nember
New Balance: g SEa044.
‘Minimum Payment Oug! “$5
Foraddiens; tolephrans afd ernaitthanges, Payment Ours Date:
piaese check the box and complete tha revarse:stis.
OF, ‘ertactirformasen onting
atin cielaSeceaneces AMOUNT ENCLOSEDE
Pf
Mloneehirla doles MTG LEU Ma asselee eet
CREDIT ONE BANK PAMELA PETERS.
PO BOX 60500. 77 BROOKLYN RD.
CITY.OF INOUSTRY CA 91716-0500
OD tattvatteatalthtHdolhlbiadbdabist- SRERI ONE Fa caso cee Ssteyeh
‘CATER
“August-19, 2014 to Septembos 18, 2014
[| _ BUMIMARY OF ACCOUNT ACTIVITY. ] . PAYMENT INFORMATION
Previous Batance "$7500 [New Balance. -
Payments - $0.09) | Past Due’Amount
Other Crees $00 i
Purchases: $214.01
$0101
$26.00
Payment Due.Date:
Late Payment Waring:
ett
pine) Moc erareuukeuene
Minimum Payaient Warning:
{you make ony the rscmumepayinent each Std you wea more
‘a lgsest and tite yourlonger to pay cH your Balance!
Fe eaterigtes
| Statement Glosirig Date
Daysin'Biltng Cycle 3
‘QUESTIONS?
Cat Customer Service:or Report
877-825-3062
‘Ouiside the U.S. Cat. 4-702-405-2042
Please send biting ‘and exrtespondynce to:
P.O, Box 98873, i Vogts NV EBtSa8TS
_ TRANSACTIONS
‘Releresco Number ‘Trams Date PostDote Description of Transaction or Credit x a
eRe Gaz COS BAR ECOMMERCE. S70-S20-25r6 CO 725.00.
cee “0828 “DRINK UP NVIBORISAL WINE TETHER NY 8798
81s" Ug CREDIT PROTECT 1 858 803 1745, 303
Foos %
csi pons. 1aTE FEE . 26.00
‘TOTAL FEES FOR THis PERION: 25.00
Interest Charged
08/18 09/18. Interest Chatga on Purchases $63
A918, OIG Interest Charge-on Cash Advances: : ‘09.
TOTALINTERESTFOR THIS PERIOD. 483
2014 Totals Year-to-Date: E
‘Total fee8 therged in'2014 ‘$106.00 ||:
y ‘Total iatersst charged in’ 2034 ‘$4.53 ||
YOUR ACCOUNTS PAST BUE:ITIS NOT TOOLATE 10,
‘PROTECT YOUR CREDIT RATING! PLEASE PAY THE
‘MINIMUM AMOUNT DUE NOW OR CALL (888) 729-6274,
W'your account's past due! you could gat tein,
rotéction= Request benefits today:
Payments if you get laid off or become
abled. anu there is efass of tife benefit. 100,
{Call 1-686-803-1746 to request benefiis Aoday!
Cc “INTEREST CHARGE CALCULATION ]
Your Annual Percentage Rate (APR) is the annual interest rate an your account.
. Balance. Subjectto
Type of Balance Annual Percentage Rate (APR) lnferestRate = Interest Charge
Purchases B390K(N) 823265: = 34.63
Cast Advances PSUs! sooo! 30,00.
(w] = Veriable Rate
: ‘
aes ats eat) “Fora! erat PROB als 20 drat. wee ABT onesie
;
Pika akan ik portion ih your pyar and awe your aocen exer ass yur Check; trad paysbie te ere
PAY YOUR BILL: Offi at Creationetinkecom
For ates echen sea tna ehatgen, Payment Due Data: °° ieiarta
AMOUNT ENCLOSED:
LeTHL ET debi hettisterabeerea bec Abadi f Heal
‘CREDIT. ONE-BANK PAMELAPETERS. =
PO BOX 60500 77 BROOKLYN RD ¥.
CITY OF INDUSTRY CA 95746-0800. POMFRET CTRCT 05289-2008
Wltececboceetb STEM TEI Assoc TM TosaleceetelEXHIBIT LA
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AFFIDAVIT OF CREDIT ONE BANK,N.A.
STATEOFNEVADA’) sy
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COUNTY OF CLARK - )
‘Your AfGant, George Hughes, being first duly syom, states under oath as follows:
1. My name is George Hughes. Tam a Senior Vice Present and Chit Financ Ofer
Credit One Bank, N.A. (“Credit One”), 1 am over the age of fighteen and J am
authorized to make this Affidavit on behalf of Credit One,
3. Tam aware of the organizational structure of Credit One and its affiliates mentioned in
fais Affidavit and can attest to how accounts and receivables are, assiqned|among and
between them.
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4, Credit One is a Nations] Bank chartered by the Office ofthe Comptlerof the Currency
° (OCC? 4 bureaa ofthe United States Depastment of Treasury with x principal place of
business at 585 Pilot Road, Las Vegas, Nevada 89119. ! (
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5. Credit One began operations as a full-service bank under the ame Fist Natigal Bank of
Marin in San Rafael, California on July 30, 1984. Fint National Babk of Marin moved
Hom San Rafael, Colifomia to Las Vegas, Nevada in November 1958. On February 1,
2006 the First National Bank of Marin changed its name to Credit One Bark, NA
6. Credit One originates Visa and MasterCard accounts to consumes thfoughout the United .
States,
:
7. Jn connection with the funding of Credit One’s Visa and MasterCard actors, sertain.
affiliated entities of Credit One are used as financing vehicles. { The structure and
operations of these vehicles comply with all applicable laws and reels to-the best
ofmy knowledge. | .
8. MHC Receivables, LLC (“MHC”) and FNBM, LLC (“FNBM"), atehtcs of Credit One,
are Delaware limited liability companies established as special Purpose: tvehicles to
provide monies to Credit One in order to fund (Corough a purchase structur) the eredt
card receivables originated by Credit One.
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Exhibit B
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9 Each day, all new credit card receivables originated by Credit One are sold by Credit One
to MBC and by MHC to FNBM under the terns of se erecting purchase agreements
10. On the applicable charge off date for each account, each charged off credit card account
"originated by Credit One is assigned by Credit One to MHC under the terms of self
executing purchase agreements, I.
11, Sherman Originator IT LLC (“Sherman”) has entered into al aces of purchase
agreements with FNBM to allow Sherman to purchase fiom FNBM any receivables
originated by Credit One that have gone into default, such receivablés paving” been
Previously purchased by FNBM under the procedure noted above. |
12. Sherman Originator I LLC (“Sherman”) has entered into a ences of purchase
agreements with MHC to allow Sherman to purchase ftom MHC any charged off account
originated by Credit One that have been previously purchased by MHC under the
Procedure noted above 1
13. Together, the accounts purchased from MHC and the receivables popes from FNBM
represent all rights to the accounts previously owned and serviced by Credit One,
Neither Credit One, FNBM, nor MEIC has retained any rights to receive payments orto
collect on the accounts or receivables, Credit One Bank, FNBM, and MHC agreed to
transfer all such rights, title and interest to Sherman. t
originated by Credit One and subsequently sold to FNMB by MEIC. : |
15, Under tems of the agreements between Sherman and MHC, Sheraun is hemsited to
resell to third parties the accounts purchased by Sherman from MHC that were ariginated
by Credit One and subsequently sold to MHC.
The above statements are trye and accurate to the best of my knowledge.
Signed this A“day of A/a 2013.1
STATE OF NEVADA ) ' |
dss. :
COUNTY OF CLARK} |
This instrament was acknowledged before me on the 2 day of Wwuney , 201% by
George, Hughes, an. Authorized Representative and Senior Vice President and Chief
Financial Officer for Credit One Bank, N.A.
TIFFANY RODRIGUEZ
No. O6+104297-1 iguez,
My appt. exp, dan, 28, 2014 “Notary Publi i
45CERTIFICATE OF CONFORMITY
STATE OF NEVADA ) |
}ss. |
COUNTY OF CLARK )
I, Allan J. Shutt, an attorney-at-law admitted to precio inte Sat} of Mead a In
House Counsel for Credit One Bank, N.A., do hereby certify that I am fully acquainted
with the laws of the State. of Nevada pertaining to administration and taking of oaths,
affirmations and acknowledgements. | further state that I am duly qualified t) make this
Certificate of Conformity and that the acknowledgement upon the Affidavit of Credit
ern a Nok rs ten by Tiny Rodeignc, notary publi int State of Neva,
in the manner prescribed by the laws of the State of Nevada.
. IN WITNESS WHEREOF, I have signed this Certificate the
26 day of
pivinte BZ , 2013, [|
Nevada State Bar # 11890 |
Credit One Bank, N.A.
585 Pilot Rd
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Allan J. |
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Las Vegas, NV 89119 |
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IBILAL OLSALE AND ASSIGNMENT,
FROM MBC RECEIVABLES, LLC TO SHERMAN ORIGIN: RUT LLC
MHE Recievables, LEC @Seller”), for good and valuable catisideration
acknowlédged’ hereby. transfers, ‘sells; aisighs, conveys, grants and: delivers
(’Purchaser™), sithout recourse, réprésentation or warranty, all af 16.
Accoiints identified on an account level basis.on the data file titled
Agreement (the “Released’ Accounts”); and (ii) all. claims arising out of of re
Purchaser hereby. agrees that it will nov institute against Seller, or join any person,
bankruptcy; reorganization, arrangement, insolvency oF liquidation proceeding, on:
federal ot state banktuptey’ or siniilar law.
¢ receipt of which is hereby
apan Originator It LLC
other proceeding under eny
MHC RECEI
ABLES, ILC
Dated; April 1
Rusty Kendall A
Credit One Bank, N.A.(" Credit. One") hereby acknowledges theabove r
assigned wider the temmisof this Bil of Sale were originated by Credit One and ha
Purchaser inthe coiirge of the regular business of Credit Oriz and as reflected us suet in the business. records and.
«written agreement between Credit One and its affiliates...
ed-sale. The AccountsSTATE OF NEVADA )
)ss.
COUNTY OF CLARK J
Your Affiant, Vicki Scott, being first duly sworn, states under oath as follows:
10.
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AMENDED STA’ AFFIDAVIT OF
My name is Vicki Scott. 1 am a Vice President of Collections at Credit ‘One Bank, N.A. (“Credit One”),
an Authorized Representative of FNBM, LLC (“FNBM”), 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, FNBM, and MHC. If called as a witness, I can testify t fo a court competently as to my
knowledge of the. facts contained herein.
The facts stated herein are within my personal knowledge and are bastd on my review of the relevant
books and records available to me.
As part of my regular job duties, I have access to and routinely review the account records maintained by
or on behalf of Credit One in the ordinary course of its business with regard to tile sale and assignment of
Credit. One’s accounts and receivables.
As part of my regular job duties, I also have access to and routinely review the ackount records maintained
by FNBM in the ordinary course of business with regard to the purchasing, sale and assignment of FNBM’s
receivables.
As part of my regular job duties, I also have access to and routinely review the account records maintained
by MHC in the ordinary course of business with regard to the purchasing, sale and assignment of MHC’s
accounts.
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This affidavit an Amended and Restated Affidavit of Sale, which is intended to replace and amend a similar
affidavit issued on April 10, 2015 by Vicki Scott. That affidavit included a typographical error regarding
the date of the applicable sale, as refcrenced in paragraph 7 of this affidavit. Thé date shown in paragraph
7 of this affidavit is the true and correct date, as shown in the applicable’ business records,
On or about April 10, 2015, FNBM sold the pool of receivables included in the brectronie data file named
EE 200 attached to this affidavit as Exhibit] A (identifi fied in this affidavit as
“Sold Receivables”) to Sherman Originator Ill, LLC (identified in this affidavit as “Sherman”) pursuant
to a Bill of Sale between FNBM and Sherman dated April 10, 2015. {
The Sold Receivables were originated by Credit One and owned by FNBM immediately prior to the sale
to Sherman on April 10, 2015.
On or about April 10, 2015 MHC sold the pool of accounts inclided i in the electronic data file named,
I 20d attached to this affidavit as Exhibit A (identified i in this affidavit as
“Sold Accounts”) to Sherman pursuant to a Bill of Sale between MHC and Sherman dated April 10, 2015.
The Sold Accounts were originated by Credit One and owned by MHC it nme prior to the sale to
Sherman on April 10, 2015, | |
Together, the Sold Accounts and the Sold Receivables represent all of ‘Credit bee, MHC, and FNBM’s
rights to the Sold Accounts and Sold Receivables. Neither Credit One, FNBM, hor MHC has retained any
rights to receive payments, or to collect on the Sold Accounts or Sold Receivables. Credit One, FNBM,
and MHC agreed to transfer all such rights, title and interest to Sherman. ‘
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112. As part of the sale of the Sold- Accounts and Sold Receivables to Sherinan, ‘certain of the information
contained in the business records relating to the Sold Receivables (the “Transferred Records”) was
provided to Sherman, including certain information contained in those records shown i in Exhibit A. The
‘Transferred Records were made and/or recorded by or for Credit One, FNBM, and MHC as patt of the
regular course of business at or near the time of the acts, events, or coriditions tecorded and accurately
Teflect the status of the Sold Accounts and Sold Receivables. The Transferred! Records are accurately
reflected in Exhibit A. I am not aware of any errors in the Transferred Récords.
13. To the extent that the Transferred Records include records that were: repre by Credit One, those
records were accurately incorporated into the records of FNBM and mt asa: business record.
4. To the extent that the Transferred Records include records that were prepared. ‘by a third party other than
Credit One, those records were accurately incorporated into the records of FNBM and MHC as a
business record, upon reliance upon the records of such third party. | |
The above statements are true and accurate to the best of my knowledge and are made forjthe benefit of any court
that from time to time considers whether Sherman Originator III, LLC (or its sutcesoror assigns) has the right
to collect and/or enforce all or any portion of the Sold Receivables, or to enforce any rights related to the Sold
Accounts,
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signed this Af hay of due 1.2016, | ‘
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Credit One Bank, N.A. — Vice President of Collections
FNBM, LLC ~ Authorized Representative
MHC Receivables, LLC — Authorized Representative
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ACKNOWLEDGMENT OF SIGNATURE BY LICENSED NOTARY
STATE OF NEVADA ) !
) ss.
COUNTY OF CLARK ) !
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This instrument was acknowledged: before me on the Zo 4” day of Fant 201% by Vicki Scott,
Authorized Representative of FNBM, LLC, authorized R Representative of MHC Recejvables, LLC, and Vice
President of Collections for Credit One Bank, N.A.CERTIFICATE OF CONFORMITY
STATE OF NEVADA )
. )ss.
COUNTY OF CLARK )
J, Narine Yenovkian, an attomey-at-law admitted to practice in the State of Nevada as In House Counsel for Credit
One Bank, N.A., do hereby certify that I am firlly 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 were taken by Tessa
Beck-Smith, notary public in the State of Nevada, in the manner prescribed by the lis of the State of Nevada,
, Uhave signed this Certificate the2O day of _¢ lines Peg
Las Vegas, NV 89119
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[BILL.OP SALE
Chasing Date: April 21, 2015
Sherman Originator 1, ELC Seller’), owner of accounts previously-sei Credit One Bank, NA,
for value received and in accordance with the terms of the Purchase and Sale A; and between Sherman
‘Origitwior I, LLC ahd MSW Capital, LL -('Buyer’), dated as of April 17, 20 \ercement”}; dacs hereby sell,
‘asdign and transfer (0 Biiver, its successdrs and assigns, ‘all night, title and interest fo (i) the Purchased.
Accoimls deseribed on computer file named : Z
aad finished by Seller to Buyer in torinection herewitly and (ii) all proceeds of s hased Accounts after the
lose of business on April 21, 2015.
‘This Assignment is subject to the terms of the Agreement, without represen i ois aad warranties ‘ofeny
Kind or chazacter except as expressly stated in the Agreement. Any copilalized te pearing in this Bill of Sale
_-shalf have the meznings:defined for such terms inthe Agreement.
With respcet to information for the Purchased Accounts described inthe
each related Computer File, to the best of Seller's knowledge, Seller:represents.
information (i) is materially complete and accurate; (fi). constimtes Seller's own bi
to Buyer that such
<6 records that pertain to'the
Purchased Accounts and accurately reflects in all material respects the informatio ys database; (iii) Was
Kept itv the regular course of Seller's business; aw) swas niede, cntered or compiled. teaular course of business
avior near the time the underlying activity occurred, by 2 person with knowledge of thedata eaeted ato and
maintaitied in Seller's daiabasé; aiid (vpilis the regular prictice of Seller's busin
data.
This Bill of Sale may be entered as evidence of ownership fos any of | the p if
hereby. E
Ek
‘
DATE: April 28, 2005
SHERMAN ORIGINATOR IL LLC“sed Stymoyos uo papnyain samensis]
“ssouysng Jo o&moo JENS Sh WE TT 2oyeuTeO
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Preview
CREDIT ONE BANK CREDIT: ‘Acéount Na ‘FabrDary'19,.2015:t0 Mt SUMMARY OF ACCOUNT ACTIVITY i Previous Balance, Statement Ciosiay Date ‘Days in'Biling Cycle QUESTIONS?, Call Customer Service or Report 8 Losier Stolan Credit Card ‘Qusiddithe US; Catt ‘New Balance Past fius Amount “Amount Due Ths Pétiod, | Payment:Oive Date Lato Payment Warning: i may Wave 16 pay. late feo up ta $35. * ifs da not ace Ye i pt ba ond Seed ‘$177.00 ‘343864 $500.44 Oana, 771925-3242' ‘WTO2-408:2042' ns and cotrespondence to: 8873, Sal 1-885-518-6720. ‘9a would eG a IOeBLGN UOF era egunselng sennes, PRetecenee Number: “TRANSACTIONS Trans Date Pest’Date’ Descrintion of Tronsactonor Credt cane = 0318 LATE FEE TOTAL FEES FOR THiS PERIOD ‘faterest Changed ONIs ‘OM18: Interest Chetge on Purchases: 2918 05/18. Interest Charge on Cash Advances TOTAL INTEREST FOR THIS PERIOD 2015 Totals Yearta-Date. Total fees charged in 2018 “Tatatinteresticharged in. 2015 ‘YOUR ACCOUNTIS SCHEDULED TO BE CHARGED OFF, THE BALANCE WILL'BE DUE IN FULL. ‘CALL (688) Teh8274: ‘Your account is! curently closed. INTEREST CHARGE CALCULATION, ‘Your Annual Peceftage Rate (APA) is thé Annual jiterest-raté'on yout Bczount. Balance Subject t ‘Type of, Balance. Aciwal Percentage Rate (APR), interest Rato Purchases: 23:90%y) SO9247 Cash Advances 25.80%0) $0.00 Syl= Vadabie Rate sees aii wh 7 re ease. 6 exproR Tay 20 sr sean A" (ooLsses BAY YOURBILL ONLINE: Aegount Nember New Balance: g SEa044. ‘Minimum Payment Oug! “$5 Foraddiens; tolephrans afd ernaitthanges, Payment Ours Date: piaese check the box and complete tha revarse:stis. OF, ‘ertactirformasen onting atin cielaSeceaneces AMOUNT ENCLOSEDE Pf Mloneehirla doles MTG LEU Ma asselee eet CREDIT ONE BANK PAMELA PETERS. PO BOX 60500. 77 BROOKLYN RD. CITY.OF INOUSTRY CA 91716-0500 OD tattvatteatalthtHdolhlbiadbdabist- SRERI ONE Fa caso cee Ssteyeh ‘CATER “August-19, 2014 to Septembos 18, 2014 [| _ BUMIMARY OF ACCOUNT ACTIVITY. ] . PAYMENT INFORMATION Previous Batance "$7500 [New Balance. - Payments - $0.09) | Past Due’Amount Other Crees $00 i Purchases: $214.01 $0101 $26.00 Payment Due.Date: Late Payment Waring: ett pine) Moc erareuukeuene Minimum Payaient Warning: {you make ony the rscmumepayinent each Std you wea more ‘a lgsest and tite yourlonger to pay cH your Balance! Fe eaterigtes | Statement Glosirig Date Daysin'Biltng Cycle 3 ‘QUESTIONS? Cat Customer Service:or Report 877-825-3062 ‘Ouiside the U.S. Cat. 4-702-405-2042 Please send biting ‘and exrtespondynce to: P.O, Box 98873, i Vogts NV EBtSa8TS _ TRANSACTIONS ‘Releresco Number ‘Trams Date PostDote Description of Transaction or Credit x a eRe Gaz COS BAR ECOMMERCE. S70-S20-25r6 CO 725.00. cee “0828 “DRINK UP NVIBORISAL WINE TETHER NY 8798 81s" Ug CREDIT PROTECT 1 858 803 1745, 303 Foos % csi pons. 1aTE FEE . 26.00 ‘TOTAL FEES FOR THis PERION: 25.00 Interest Charged 08/18 09/18. Interest Chatga on Purchases $63 A918, OIG Interest Charge-on Cash Advances: : ‘09. TOTALINTERESTFOR THIS PERIOD. 483 2014 Totals Year-to-Date: E ‘Total fee8 therged in'2014 ‘$106.00 ||: y ‘Total iatersst charged in’ 2034 ‘$4.53 || YOUR ACCOUNTS PAST BUE:ITIS NOT TOOLATE 10, ‘PROTECT YOUR CREDIT RATING! PLEASE PAY THE ‘MINIMUM AMOUNT DUE NOW OR CALL (888) 729-6274, W'your account's past due! you could gat tein, rotéction= Request benefits today: Payments if you get laid off or become abled. anu there is efass of tife benefit. 100, {Call 1-686-803-1746 to request benefiis Aoday! Cc “INTEREST CHARGE CALCULATION ] Your Annual Percentage Rate (APR) is the annual interest rate an your account. . Balance. Subjectto Type of Balance Annual Percentage Rate (APR) lnferestRate = Interest Charge Purchases B390K(N) 823265: = 34.63 Cast Advances PSUs! sooo! 30,00. (w] = Veriable Rate : ‘ aes ats eat) “Fora! erat PROB als 20 drat. wee ABT onesie ; Pika akan ik portion ih your pyar and awe your aocen exer ass yur Check; trad paysbie te ere PAY YOUR BILL: Offi at Creationetinkecom For ates echen sea tna ehatgen, Payment Due Data: °° ieiarta AMOUNT ENCLOSED: LeTHL ET debi hettisterabeerea bec Abadi f Heal ‘CREDIT. ONE-BANK PAMELAPETERS. = PO BOX 60500 77 BROOKLYN RD ¥. CITY OF INDUSTRY CA 95746-0800. POMFRET CTRCT 05289-2008 Wltececboceetb STEM TEI Assoc TM TosaleceetelEXHIBIT LA t AFFIDAVIT OF CREDIT ONE BANK,N.A. STATEOFNEVADA’) sy i | ) ss. COUNTY OF CLARK - ) ‘Your AfGant, George Hughes, being first duly syom, states under oath as follows: 1. My name is George Hughes. Tam a Senior Vice Present and Chit Financ Ofer Credit One Bank, N.A. (“Credit One”), 1 am over the age of fighteen and J am authorized to make this Affidavit on behalf of Credit One, 3. Tam aware of the organizational structure of Credit One and its affiliates mentioned in fais Affidavit and can attest to how accounts and receivables are, assiqned|among and between them. ! 1 | 4, Credit One is a Nations] Bank chartered by the Office ofthe Comptlerof the Currency ° (OCC? 4 bureaa ofthe United States Depastment of Treasury with x principal place of business at 585 Pilot Road, Las Vegas, Nevada 89119. ! ( | 5. Credit One began operations as a full-service bank under the ame Fist Natigal Bank of Marin in San Rafael, California on July 30, 1984. Fint National Babk of Marin moved Hom San Rafael, Colifomia to Las Vegas, Nevada in November 1958. On February 1, 2006 the First National Bank of Marin changed its name to Credit One Bark, NA 6. Credit One originates Visa and MasterCard accounts to consumes thfoughout the United . States, : 7. Jn connection with the funding of Credit One’s Visa and MasterCard actors, sertain. affiliated entities of Credit One are used as financing vehicles. { The structure and operations of these vehicles comply with all applicable laws and reels to-the best ofmy knowledge. | . 8. MHC Receivables, LLC (“MHC”) and FNBM, LLC (“FNBM"), atehtcs of Credit One, are Delaware limited liability companies established as special Purpose: tvehicles to provide monies to Credit One in order to fund (Corough a purchase structur) the eredt card receivables originated by Credit One. ! 43 | | Exhibit B i i }‘ t t ' t 1 ad 9 Each day, all new credit card receivables originated by Credit One are sold by Credit One to MBC and by MHC to FNBM under the terns of se erecting purchase agreements 10. On the applicable charge off date for each account, each charged off credit card account "originated by Credit One is assigned by Credit One to MHC under the terms of self executing purchase agreements, I. 11, Sherman Originator IT LLC (“Sherman”) has entered into al aces of purchase agreements with FNBM to allow Sherman to purchase fiom FNBM any receivables originated by Credit One that have gone into default, such receivablés paving” been Previously purchased by FNBM under the procedure noted above. | 12. Sherman Originator I LLC (“Sherman”) has entered into a ences of purchase agreements with MHC to allow Sherman to purchase ftom MHC any charged off account originated by Credit One that have been previously purchased by MHC under the Procedure noted above 1 13. Together, the accounts purchased from MHC and the receivables popes from FNBM represent all rights to the accounts previously owned and serviced by Credit One, Neither Credit One, FNBM, nor MEIC has retained any rights to receive payments orto collect on the accounts or receivables, Credit One Bank, FNBM, and MHC agreed to transfer all such rights, title and interest to Sherman. t originated by Credit One and subsequently sold to FNMB by MEIC. : | 15, Under tems of the agreements between Sherman and MHC, Sheraun is hemsited to resell to third parties the accounts purchased by Sherman from MHC that were ariginated by Credit One and subsequently sold to MHC. The above statements are trye and accurate to the best of my knowledge. Signed this A“day of A/a 2013.1 STATE OF NEVADA ) ' | dss. : COUNTY OF CLARK} | This instrament was acknowledged before me on the 2 day of Wwuney , 201% by George, Hughes, an. Authorized Representative and Senior Vice President and Chief Financial Officer for Credit One Bank, N.A. TIFFANY RODRIGUEZ No. O6+104297-1 iguez, My appt. exp, dan, 28, 2014 “Notary Publi i 45CERTIFICATE OF CONFORMITY STATE OF NEVADA ) | }ss. | COUNTY OF CLARK ) I, Allan J. Shutt, an attorney-at-law admitted to precio inte Sat} of Mead a In House Counsel for Credit One Bank, N.A., do hereby certify that I am fully acquainted with the laws of the State. of Nevada pertaining to administration and taking of oaths, affirmations and acknowledgements. | further state that I am duly qualified t) make this Certificate of Conformity and that the acknowledgement upon the Affidavit of Credit ern a Nok rs ten by Tiny Rodeignc, notary publi int State of Neva, in the manner prescribed by the laws of the State of Nevada. . IN WITNESS WHEREOF, I have signed this Certificate the 26 day of pivinte BZ , 2013, [| Nevada State Bar # 11890 | Credit One Bank, N.A. 585 Pilot Rd { | . | Allan J. | { . { Las Vegas, NV 89119 | t 1 1 ( IBILAL OLSALE AND ASSIGNMENT, FROM MBC RECEIVABLES, LLC TO SHERMAN ORIGIN: RUT LLC MHE Recievables, LEC @Seller”), for good and valuable catisideration acknowlédged’ hereby. transfers, ‘sells; aisighs, conveys, grants and: delivers (’Purchaser™), sithout recourse, réprésentation or warranty, all af 16. Accoiints identified on an account level basis.on the data file titled Agreement (the “Released’ Accounts”); and (ii) all. claims arising out of of re Purchaser hereby. agrees that it will nov institute against Seller, or join any person, bankruptcy; reorganization, arrangement, insolvency oF liquidation proceeding, on: federal ot state banktuptey’ or siniilar law. ¢ receipt of which is hereby apan Originator It LLC other proceeding under eny MHC RECEI ABLES, ILC Dated; April 1 Rusty Kendall A Credit One Bank, N.A.(" Credit. One") hereby acknowledges theabove r assigned wider the temmisof this Bil of Sale were originated by Credit One and ha Purchaser inthe coiirge of the regular business of Credit Oriz and as reflected us suet in the business. records and. «written agreement between Credit One and its affiliates... ed-sale. The AccountsSTATE OF NEVADA ) )ss. COUNTY OF CLARK J Your Affiant, Vicki Scott, being first duly sworn, states under oath as follows: 10. IL AMENDED STA’ AFFIDAVIT OF My name is Vicki Scott. 1 am a Vice President of Collections at Credit ‘One Bank, N.A. (“Credit One”), an Authorized Representative of FNBM, LLC (“FNBM”), 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, FNBM, and MHC. If called as a witness, I can testify t fo a court competently as to my knowledge of the. facts contained herein. The facts stated herein are within my personal knowledge and are bastd on my review of the relevant books and records available to me. As part of my regular job duties, I have access to and routinely review the account records maintained by or on behalf of Credit One in the ordinary course of its business with regard to tile sale and assignment of Credit. One’s accounts and receivables. As part of my regular job duties, I also have access to and routinely review the ackount records maintained by FNBM in the ordinary course of business with regard to the purchasing, sale and assignment of FNBM’s receivables. As part of my regular job duties, I also have access to and routinely review the account records maintained by MHC in the ordinary course of business with regard to the purchasing, sale and assignment of MHC’s accounts. \ This affidavit an Amended and Restated Affidavit of Sale, which is intended to replace and amend a similar affidavit issued on April 10, 2015 by Vicki Scott. That affidavit included a typographical error regarding the date of the applicable sale, as refcrenced in paragraph 7 of this affidavit. Thé date shown in paragraph 7 of this affidavit is the true and correct date, as shown in the applicable’ business records, On or about April 10, 2015, FNBM sold the pool of receivables included in the brectronie data file named EE 200 attached to this affidavit as Exhibit] A (identifi fied in this affidavit as “Sold Receivables”) to Sherman Originator Ill, LLC (identified in this affidavit as “Sherman”) pursuant to a Bill of Sale between FNBM and Sherman dated April 10, 2015. { The Sold Receivables were originated by Credit One and owned by FNBM immediately prior to the sale to Sherman on April 10, 2015. On or about April 10, 2015 MHC sold the pool of accounts inclided i in the electronic data file named, I 20d attached to this affidavit as Exhibit A (identified i in this affidavit as “Sold Accounts”) to Sherman pursuant to a Bill of Sale between MHC and Sherman dated April 10, 2015. The Sold Accounts were originated by Credit One and owned by MHC it nme prior to the sale to Sherman on April 10, 2015, | | Together, the Sold Accounts and the Sold Receivables represent all of ‘Credit bee, MHC, and FNBM’s rights to the Sold Accounts and Sold Receivables. Neither Credit One, FNBM, hor MHC has retained any rights to receive payments, or to collect on the Sold Accounts or Sold Receivables. Credit One, FNBM, and MHC agreed to transfer all such rights, title and interest to Sherman. ‘ 1 i t ‘ 1 I 112. As part of the sale of the Sold- Accounts and Sold Receivables to Sherinan, ‘certain of the information contained in the business records relating to the Sold Receivables (the “Transferred Records”) was provided to Sherman, including certain information contained in those records shown i in Exhibit A. The ‘Transferred Records were made and/or recorded by or for Credit One, FNBM, and MHC as patt of the regular course of business at or near the time of the acts, events, or coriditions tecorded and accurately Teflect the status of the Sold Accounts and Sold Receivables. The Transferred! Records are accurately reflected in Exhibit A. I am not aware of any errors in the Transferred Récords. 13. To the extent that the Transferred Records include records that were: repre by Credit One, those records were accurately incorporated into the records of FNBM and mt asa: business record. 4. To the extent that the Transferred Records include records that were prepared. ‘by a third party other than Credit One, those records were accurately incorporated into the records of FNBM and MHC as a business record, upon reliance upon the records of such third party. | | The above statements are true and accurate to the best of my knowledge and are made forjthe benefit of any court that from time to time considers whether Sherman Originator III, LLC (or its sutcesoror assigns) has the right to collect and/or enforce all or any portion of the Sold Receivables, or to enforce any rights related to the Sold Accounts, i signed this Af hay of due 1.2016, | ‘ T Credit One Bank, N.A. — Vice President of Collections FNBM, LLC ~ Authorized Representative MHC Receivables, LLC — Authorized Representative \ ACKNOWLEDGMENT OF SIGNATURE BY LICENSED NOTARY STATE OF NEVADA ) ! ) ss. COUNTY OF CLARK ) ! i \ ; This instrument was acknowledged: before me on the Zo 4” day of Fant 201% by Vicki Scott, Authorized Representative of FNBM, LLC, authorized R Representative of MHC Recejvables, LLC, and Vice President of Collections for Credit One Bank, N.A.CERTIFICATE OF CONFORMITY STATE OF NEVADA ) . )ss. COUNTY OF CLARK ) J, Narine Yenovkian, an attomey-at-law admitted to practice in the State of Nevada as In House Counsel for Credit One Bank, N.A., do hereby certify that I am firlly 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 were taken by Tessa Beck-Smith, notary public in the State of Nevada, in the manner prescribed by the lis of the State of Nevada, , Uhave signed this Certificate the2O day of _¢ lines Peg Las Vegas, NV 89119 ‘ ' ‘ { t ! | I ! \ { | ! | { i i | I i { ( . i 4 t | \ | ! [BILL.OP SALE Chasing Date: April 21, 2015 Sherman Originator 1, ELC Seller’), owner of accounts previously-sei Credit One Bank, NA, for value received and in accordance with the terms of the Purchase and Sale A; and between Sherman ‘Origitwior I, LLC ahd MSW Capital, LL -('Buyer’), dated as of April 17, 20 \ercement”}; dacs hereby sell, ‘asdign and transfer (0 Biiver, its successdrs and assigns, ‘all night, title and interest fo (i) the Purchased. Accoimls deseribed on computer file named : Z aad finished by Seller to Buyer in torinection herewitly and (ii) all proceeds of s hased Accounts after the lose of business on April 21, 2015. ‘This Assignment is subject to the terms of the Agreement, without represen i ois aad warranties ‘ofeny Kind or chazacter except as expressly stated in the Agreement. Any copilalized te pearing in this Bill of Sale _-shalf have the meznings:defined for such terms inthe Agreement. With respcet to information for the Purchased Accounts described inthe each related Computer File, to the best of Seller's knowledge, Seller:represents. information (i) is materially complete and accurate; (fi). constimtes Seller's own bi to Buyer that such <6 records that pertain to'the Purchased Accounts and accurately reflects in all material respects the informatio ys database; (iii) Was Kept itv the regular course of Seller's business; aw) swas niede, cntered or compiled. teaular course of business avior near the time the underlying activity occurred, by 2 person with knowledge of thedata eaeted ato and maintaitied in Seller's daiabasé; aiid (vpilis the regular prictice of Seller's busin data. This Bill of Sale may be entered as evidence of ownership fos any of | the p if hereby. E Ek ‘ DATE: April 28, 2005 SHERMAN ORIGINATOR IL LLC“sed Stymoyos uo papnyain samensis] “ssouysng Jo o&moo JENS Sh WE TT 2oyeuTeO iypiis 30 Adzingae ap pas “Sploody ssoussnq S$? 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