Preview
FILED: WASHINGTON COUNTY CLERK 02/04/2021 10:39 AM INDEX NO. EC2020-31897
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/04/2021
AFFIDAVIT OF FACTS AND PURCHASE OF ACCOUNT BY
DEBT BUYER PLAINTIFF (DebtBuyer Actions)
W undersigned, being duly sworn, deposes and says:
1. I aman authorized representative ofLVNV
Funding LIf and I have access to Plaintiffs
("Phintiff) booksand
records("Business Records'),
inckxling electronic records, to the account ("Account')
rehting of Julie Weirich.
The last
four digits ofthe
Accountnumber are 8896. I also have persona1knowledge
In my position, of Plaintiffs
proceduresfor
creating and nnintaining
its Business Records,
including its procedures to the purchase and assignment of
rehting
consumer credit accounts. Phintiffs
Business Records were nude and it was the regubr
in the regplar course ofbusiness
course ofsuch
business to nnke
tleBusiness Records.
The Business Records were nude
at or near the time ofthe
events recorded.
Based on my knowledgeof Phintiffs
Business Records,
I have persoml
knowledgeofthe facts set
forth in this affidavit.
2. On or about 03/15/2019, or was assigned the Account
Phintiffpurchased fromShemun Originator
LI£ (the
At that time, Sherman Originator
"Purchase'). LLC assigned all ofits
interest in the Accout, the
including right
to any
proceedsfromthe Account,to PhintifE
As part ofthe
Purchase, Business Records rehting
to the Account
were
transferred to PlaintifE Following
the Purchase, those Business Records were maintained in tle
course of
ordinary
Phintiffs
business.
3. As set for1h in the affidavit(s)
of Credit
One Bank, N.A.,MHC Receivables, LIf
and FNBM, LIf, Sherman
Originator
LLC and Sherman Originator
III
LIf, submitted herewith, the conplete
chain oftitle,
with the date on or
about which each sale or assignment ofthe
Account occuned,is as follows:
CreditOne Bank, N.A. 2/28/2019
MHC Receivables, Ilfand FNBM, LLC 3/15/2019
Sheman Originator
III
LLC 3/15/2019
Sheman Originator
LIf 3/15/2019
4. At this time, Defendant owes $928.88
on tleAccount.This amount includes tle
charp-offbalanceof$928.88,
post-charp-offinterest
of$0.00, and charges of$0.00,
and post-charge-offfees less post-charge-offciedits
or
paynentsnude by oron behalfoftleDefendantof$0.00.
WHEREFORE, deponent denands judgment
against Defendant for $928.88,
together wighthe
costs and di±=e=nts
ofthis
action.
The above statements are true and conect
to the best ofmy
persoml knowledge.
Pamela Johnson
12/21/2020
L LA +,
STATEMENT BY LICENSED NOTAR . BL\
STATE OF SOUTH CAROLINA )
COUNTY OF GREENVILLE )
This instrunent
was swom and subsenbed before me on the 21st day of
ember, 202 by Pamela Johnson, an
AuthorizedRepresenlative
ofLVNV Funding LIf.
Notary lic
My Co ion Exp :
Igl11111111RIH1151RI111111111111111111111111
of1 of141
1Page
FILED: WASHINGTON COUNTY CLERK 02/04/2021 10:39 AM INDEX NO. EC2020-31897
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/04/2021
CERTIFICATE OF CONFORMITY
I, Tyler Dolphin , 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 I am duly qualified to make this certificate
of conformity and that the acknowledgement or proof upon the
affidavits of merit were taken by Paul Fallavollita, 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, I have hereunto set my signature, on
December 21,2020.
Tyler Dolphin
Att rney at Law, State of South Carolina
10839 2 of 14
FILED: WASHINGTON COUNTY CLERK 02/04/2021 10:39 AM INDEX NO. EC2020-31897
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/04/2021
BILL OF SALE AND ASSIGNMENT OF ACCOUNTS
FROM CREDIT ONE BANK3 N.A. TO MHC RECEIVABLES, LLC
As of February 28, 2019,for good and valuable the receipt
consideration, and sufficiency
of which is hereby
acknowledgcd, Credit One Bank, N.A. ("Assignor")has t-sfeed, has sold, has conveyed,
has assigned, has granted
and has otherwisedeliveredto MHC Receivables, LLC ("Assignee"),allofAssignor'sright,title
and in
interest and
to (i) the charged-off creditcard accounts identified on an account levelbasis in the data file named
CreditOne_Sherman_032019 (the"Computer a copy
File"), of which hereto
is attached and incorporatedherein by
referenceas "ExhibitA"; certain
and, (ii) relatedaccount levelmedia copies
or electronic thereof but
(including, not
limitedto terms
statements,
applications, and e^ahan), and all
(iii) claims or rights out of
arising or relating
to each
account referencedon the Computer File hereinañer,
(collectively the"Acceane") including,but notlimited to,all
claims and rights
afforded each Account byvirtueof thatAccount's correspondingterms and conditions.
The Accounts transferredunder the terms of thisBillof Sale and Assignment of Accounts were each
transferredto Assignee4---hy followingcharge offforeach epplicable
Account, as shown in the
Computer File.
With respectto Late*-..ation
forthe Accounts,Assignor representsand warrantsto Assigneethatthe business
records conveyed to Assignee to:
relating the
(i) Accounts issued by Assignor; and the
(ii) saleand assigñmcnt of
Accounts by Assignor the "Business
(collectively, Records"),are keptby Assignor course
in the regular of its business.
Itis inthe regularcourse of knai=== of Assignor for an employee oran authorized reproscuiative
with personal
knowledge of theact,event, condition,or opinion(colicctively"Event") tobe recorded,to make the appropriate
memorandum or recording
of the Eventat or reasonably
nearthe timeof the Event.Furthermore,Assignor represents
and warrantsto Assignee that the Business
Records are materially
complete and thoroughly
and accurate, embody the
information in Assignor's custody and controlfor theAccounts from theircreationuntilthe time of transferto
Assignee. These repre:;entations
and warrantiesare intendedtoaugment anyother representedensand warrantiesthe
partiesmay have in placeand notsupplant anyother existingwarrantiesand repree=±tions.
ThisBill of Sale and Assignment of Accounts shall serve as evidence ofownerahip forthe Accounts
conveyedhereby and shallserve as an acknc±dg;nent, as ratificanon,
and as evidenceof the intent
ofthe parties
to
transferthe Accounts.
CREDIT ONE BANK, N.A.
Michael Wiese
Vice President
3 of 14
FILED: WASHINGTON COUNTY CLERK 02/04/2021 10:39 AM INDEX NO. EC2020-31897
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/04/2021
EXHIBIT A
ACCOUNT SCHEDULE
The Accounts that idenMed
are specifically in the electronic
filenamed CreditOne_Sherman_032019 with such
electronicfileincorporatedhereinby reference.
10839
4 of 14
FILED: WASHINGTON COUNTY CLERK 02/04/2021 10:39 AM INDEX NO. EC2020-31897
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/04/2021
BILL OF SALE AND ASSIGNMENT OF RECEIVABLES
FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES3 LLC
As of February 28, 2019,forgood and valuable the receipt
consideration, of which
and sufficiency is hereby
acknowledged, Credit One Bank, N.A. ("Assignor")has transferred, has conveyed,
has sold, has assigned, has granted
and has otherwisedeliveredto MHC Reccivables, LLC ("Assignee"),allofAssignor'sright,title
and interestinand
to (i) the receivables associated with each and every account referenced in the data file named
CreditOne_Sherman_032019 (the"Computer a copy
File"), of which hereto
is attached and incorporatedhereinby
referenceas "ExhibitA"; all claims
and, (ii) or rights
arising to each ofthose
out of or relating Receivables (hereinafter,
the "Receivables").
The Receivables transferredunder theterms of thisBillofSale and Assignment of Receivables were each
transferredto Assigneepriorto the charge
offof theassociatedacccüñts, as shownin the Computer File.ThisBillof
Sale and Assign=nt of Receivablescvidcncca theintentbetween the for
parties of the
the transfer Receivables, acts
as an ack=ewledgement of those and,
transfers, to the extent
necessary, of the transfers.
ratificativu
With respectto information forthe Receivables, Assignor representsand warrants to Assignee thatthe
businessrecords conveyed to Assigneerelatingtothe Receivables (the"BusinessRecords"), arekept byAssignor in
the regularcourseof its business.
Itis in the regular
course ofbusiness ofAssignor foran employee or an authorized
representativewithpersonal knowledge of the act,
event,condinan, or opinion "Event")
(collectively to be recorded,
to make the appropriatememorandum or recording of the Event at or reasonablynear the time of the Event.
Furthermore, Assignor representsand warrantsto Assignee thatthe Business Records are materiallycordpleteand
accurate,and tharcughly embody theinformation inAssignor's custody and controlforthe Receivables from their
creationuntil of transfer
the time to Assignee.These represent-dens and warrâaties
are intendedto augment any other
representadens and warrantiesthe partiesmay have in place and not supplantany otherexistingwarranties and
representations.
This Billof Sale and Assign-mentof Receivablesshall serveas evidenceof o=ne=Mp for theReceivables
conveyed hereby and shallserveas an acknewisdgraent,as retiEeetion,
and as evidenceof the intent
ofthe parties
to
transferthe Receivables.
CREDIT ONE BANK, N.A.
Michael Wiese
Vice President
10839 5 of 14
FILED: WASHINGTON COUNTY CLERK 02/04/2021 10:39 AM INDEX NO. EC2020-31897
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/04/2021
EXHIBIT A
ACCOUNT SCHEDULE
The Accounts thatare specifically
idatined in the electronic
filenamed Creditone-Sherman_032019 with such
electronicfileincorporatedhereinby reference.
6 of 14
FILED: WASHINGTON COUNTY CLERK 02/04/2021 10:39 AM INDEX NO. EC2020-31897
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/04/2021
BILL OF SALE AND ASSIGNMENT OF RECEIVABLES
FROM MHC RECEIVABLES, LLC, TO FNBM, LLC
As of March 15, 2019, MHC Receivables,LLC ("Assignor"),forgood and valuable the
consideration,
receiptand süûicicacy of which is hereby acknowledr,èd,has periodically has
transferred, sold,has assigned,has
conveyed, has grantedand has otherwisedeliveredto FNBM, LLC, ("Assignee") allof its rights,
title
and interest
in
and to(i)the receivablesidentified
and referenced
specifically foreach of the
accounts on an account levelbasison
A"
the datafiletitled
CreditOne_Sherman_032019 attachedhereto and incorporatedby referenceas "Exhibit ; and
all
(ii) claims orrightsarisingout oforrelatingtothe accountlevelreceivables(herehiaiter
the "Receivables").
With respectto information forthe Receivables, Assignor representsand warrants to Assignee thatthe
businessrecords conveyed to Assigneerelatingtothe Receivables (the"BusinessRecords"), arekept byAssignor in
the regularcourseof its business.
It is in the regular
course of businessof Assignorforan employee or an authorized
representativewithpersonalknowledge of the act,
event,condi6on, or opinion(collectively
"Event")to be recorded,
to make the appropriatememorandum or recording of the Event at or reasonablynear the time ofthe Event.
Furthermore, Assignor representsand warrantsto Assignee thatthe Business Records are materiallycomplete and
accurate,and tharcaghly embody theinfnrmation inAssignor's custody and controlforthe Receivables from their
creationuntilthe timeof transfer
to Assignee.These representa±ns and warranties
are intendedto augment any other
represcdotions and warrantiesthe partiesmay have in place and not supplantany other existingwarranties and
representations.
This BillofSale and Ar"--+ ofReceivables shallserveas an ackacwledgment, as ratification,
and as evidchee
ofthe intentof the parties
to transfer
the ReleasedReceivables refeeced herein.
MHC Receivables, LLC
Mark Authorized
Rufail, Representative
10839 7 of 14
FILED: WASHINGTON COUNTY CLERK 02/04/2021 10:39 AM INDEX NO. EC2020-31897
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/04/2021
EXHIBIT A
ACCOUNT SCHEDULE
The A~~'a+= that identi&d
are specifically in the electronic
filenamed CreditOne_Sherman_032019 , withsuch
electr0ñicfileincorporatedhereinby reference.
10839 8 of 14
FILED: WASHINGTON COUNTY CLERK 02/04/2021 10:39 AM INDEX NO. EC2020-31897
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/04/2021
BILL OF SALE AND ASSIGNMENT OF RECEIVABLES
FROM FNBM, LLC, TO SHERMAN ORIGINATOR IH LLC
On March 15, 2019,FNBM, LLC ("Assignor"),forgood and valuableconsideration,the receipt
ofwhich is
hereby ackñGwi©dged, hereby transfers,
sells, conveys,
assigns, grantsand deliversto Sherman Originator IIILLC
("Assignee"),allof its title
rights, and interestinand to(i)the receivablesidentified
and referenced
specifically for
each of theaccounts on an accountlevelbasison the datafiletitled
CreditOne-Sherman_032019 attachedhereto
and incorporatedby referenceas "ExhibitA"; and (ii)
allclaims or rights
arisingoutof to the
or relating receivables
(hereinafter
the "Receivables").
With respectto information forthe Receivables, Assignor representsand warrants to Assignee thatthe
businessrecords to the Receivables
relating (the"BusinessRecords") are keptby Assignorin the regular
course ofits
business.It isinthe regularcourse of businessof Assignor for an employee or an authorizedrepresentativewith
perscñal knowledge of the act,event,condition, or opinion (collectively
"Event") to be recorded, tomake the
appropriatememorandum or recording
at or reasonably
near the timeof the Event.Furthermore,Assignor represents
and warrantstoAssignee thatthe BusinessRecords are matcriallycomplete and accurateand thoroughlyembody the
information in Assignor's
custody and controlforthe Receivablesfrom Assignor's receiptof those
Receivables until
the time of transferto Assignee. These representationeand warrantiesare intended to augment any other
repmsentenons and warranties the parties
may have in place and not supplantany other existingwarranties and
representations.
This Billof Sale and Assigñmcñt of Receivables shallserve as evidence of Gwñcrship for any of the
Receivables conveyed hereby.
FNBM, LLC
Jon M li,
M
Author'
Representative
10839 9 of 14
FILED: WASHINGTON COUNTY CLERK 02/04/2021 10:39 AM INDEX NO. EC2020-31897
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/04/2021
EXHIBIT A
ACCOUNT SCHEDULE
The Accounts thatare specifically
identifiedin the clectronic
file
name CreditOne-Sherman_032019 , withsuch
electronicfileincorporatedhereinby reference.
10839 10 of 14
FILED: WASHINGTON COUNTY CLERK 02/04/2021 10:39 AM INDEX NO. EC2020-31897
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/04/2021
BILL OF SALE AND ASSIGNMENT OF ACCOUNTS
FROM MHC RECElVABLES, LLC TOSHERMAN ORIGINATOR IIILLC
On March 15,2019, for good and valuableennniawinñ, the receiptand samciency of which is hereby
acknowledged, MHC Receivables,LLC ("Assignor"),herebytransfers,sells, conveys,
assigns, grantsand otherwise
deliversto Sherman Originator IIILLC ("Assignee"),allof Assignor's, rights
titleand interestin and to(i)the
charged-off accountsiden+iEed on an accountlevelbasisin thedata named
file CreditOne_Sherman_032019 (the
"Computer File"),a copy ofwhich is attachedheretoand incorpmeted herein by referenceas "ExhibitA"; and,(ii)
certainrelatedaccount levelmedia or electronic
copiesthereof(including,butnot limited
to applicanuns,statements,
terms and condition),and all
(iii) claimsor rightsarisingoutof or to
relating each referencedaccount (collectively
hereinafterthe "Accounts")including,but notlimitedto,allclaimsand rightsaffordedeach account byvirtueof that
account's correspondingterms and conditions.
With respect to information
forthe Accounts describedin the related
Computer Assignor
File, represcutsand
warrants toAssignee thatthe businessrecordsrelatingto:(i)theAccounts owned by Assignor; and the
(ii) sale and
assignment of Accounts by Assignor the "Business
(collectively, Records"), are kept by Assignor
in the regular
course
of its business.
Itis in the regular
courseof businessofAssignor foran employee or an authorizedrepresentative
with
personal knowledge of the act,event,condition, oropinion (collectively
"Event") to be recorded, tomake the
appropriatemem-dn- or rcccrdingat or re=onablynear the timeof the Event. Assignor represents
Furthermore,
and wnmuss to Assignee thatthe ';ëhss Records complete
are materially and accurateand theroughlyembody the
information inAssignor's custodyand controlfor theAccounts in
listed theComputer Filefrom Assignor's receipt
of thoseAccounts untilthe timeof transfer
to Assignee.These rç:e:;œtansas and warranties
are intendedto augment
any otherrepresentationsand warrantiesthe parties
may have in placeand notsupplant anyother existingwarranties
and representations.
This Billof Saleand Assignment ofAccounts shallserveas evidence of swñcrahip forany of the Acccüñts
conveyed hereby.
MHC Receivables, LLC
Mark Rufail,AuthorizedRepresentative
10839 11 of 14
FILED: WASHINGTON COUNTY CLERK 02/04/2021 10:39 AM INDEX NO. EC2020-31897
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/04/2021
EXHIBIT A
ACCOUNT SCHEDULE
The Accounts thatare specinusuy in the electronic
identified file
named CreditOne-Sherman 032019 , with
such
electronicfileincorporatedhereinby reference.
12 of 14
FILED: WASHINGTON COUNTY CLERK 02/04/2021 10:39 AM INDEX NO. EC2020-31897
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/04/2021
Declaration of Account Transfer
Sherman Originator IIILLC ("SOLLC III"),without recourse, to the extent permitted by
applicable law, hereby transfers, sells,assigns, conveys, grants and delivers to Sherman
Originator LLC ("SOLLC") allof its right, titleand intemst in and to the receivables and other
assets (the "Assets") identified on Exhibit A, in the Receivable File dated March 04, 2019
delivered by MHC Receivables, LLC and FNBM, LLC on March 15, 2019 forpurchase by
SOLLC IIIon March 15, 2019. The transfer of the Assets included clecticñically stored
business records.
SOLLC, subsequent to the above mentioned transfer, hereby transfers, sells,assigns, conveys,
grants and delivers to LVNV Funding LLC ("LVNV"), the above mentioned Assets. The
transfer of the Assets included electronically stored business records.
Sherman Originator IIILLC
a Delaware Limited Liability C mpany
By:
N : Jon Ma
Titl : Director
Sherman Originator LLC
a Delaware Limited Liability Company
By:
ne: Jackson Walker
itle: Authorized Representative
LVNV Funding LLC
a Delaware Limited Liability Company
Name: Daniel Picciano
Title: Authorized Representative
10839
13 of 14
FILED: WASHINGTON COUNTY CLERK 02/04/2021 10:39 AM INDEX NO. EC2020-31897
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/04/2021
Exhibit A
Receivables File
03.15.19 CreditOne_Sherman_032019
Transfer Group Portfolio Transfer Batch
577429 35202 N/A
14 of 14
Preview
FILED: WASHINGTON COUNTY CLERK 02/04/2021 10:39 AM INDEX NO. EC2020-31897 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/04/2021 AFFIDAVIT OF FACTS AND PURCHASE OF ACCOUNT BY DEBT BUYER PLAINTIFF (DebtBuyer Actions) W undersigned, being duly sworn, deposes and says: 1. I aman authorized representative ofLVNV Funding LIf and I have access to Plaintiffs ("Phintiff) booksand records("Business Records'), inckxling electronic records, to the account ("Account') rehting of Julie Weirich. The last four digits ofthe Accountnumber are 8896. I also have persona1knowledge In my position, of Plaintiffs proceduresfor creating and nnintaining its Business Records, including its procedures to the purchase and assignment of rehting consumer credit accounts. Phintiffs Business Records were nude and it was the regubr in the regplar course ofbusiness course ofsuch business to nnke tleBusiness Records. The Business Records were nude at or near the time ofthe events recorded. Based on my knowledgeof Phintiffs Business Records, I have persoml knowledgeofthe facts set forth in this affidavit. 2. On or about 03/15/2019, or was assigned the Account Phintiffpurchased fromShemun Originator LI£ (the At that time, Sherman Originator "Purchase'). LLC assigned all ofits interest in the Accout, the including right to any proceedsfromthe Account,to PhintifE As part ofthe Purchase, Business Records rehting to the Account were transferred to PlaintifE Following the Purchase, those Business Records were maintained in tle course of ordinary Phintiffs business. 3. As set for1h in the affidavit(s) of Credit One Bank, N.A.,MHC Receivables, LIf and FNBM, LIf, Sherman Originator LLC and Sherman Originator III LIf, submitted herewith, the conplete chain oftitle, with the date on or about which each sale or assignment ofthe Account occuned,is as follows: CreditOne Bank, N.A. 2/28/2019 MHC Receivables, Ilfand FNBM, LLC 3/15/2019 Sheman Originator III LLC 3/15/2019 Sheman Originator LIf 3/15/2019 4. At this time, Defendant owes $928.88 on tleAccount.This amount includes tle charp-offbalanceof$928.88, post-charp-offinterest of$0.00, and charges of$0.00, and post-charge-offfees less post-charge-offciedits or paynentsnude by oron behalfoftleDefendantof$0.00. WHEREFORE, deponent denands judgment against Defendant for $928.88, together wighthe costs and di±=e=nts ofthis action. The above statements are true and conect to the best ofmy persoml knowledge. Pamela Johnson 12/21/2020 L LA +, STATEMENT BY LICENSED NOTAR . BL\ STATE OF SOUTH CAROLINA ) COUNTY OF GREENVILLE ) This instrunent was swom and subsenbed before me on the 21st day of ember, 202 by Pamela Johnson, an AuthorizedRepresenlative ofLVNV Funding LIf. Notary lic My Co ion Exp : Igl11111111RIH1151RI111111111111111111111111 of1 of141 1Page FILED: WASHINGTON COUNTY CLERK 02/04/2021 10:39 AM INDEX NO. EC2020-31897 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/04/2021 CERTIFICATE OF CONFORMITY I, Tyler Dolphin , 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 I am duly qualified to make this certificate of conformity and that the acknowledgement or proof upon the affidavits of merit were taken by Paul Fallavollita, 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, I have hereunto set my signature, on December 21,2020. Tyler Dolphin Att rney at Law, State of South Carolina 10839 2 of 14 FILED: WASHINGTON COUNTY CLERK 02/04/2021 10:39 AM INDEX NO. EC2020-31897 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/04/2021 BILL OF SALE AND ASSIGNMENT OF ACCOUNTS FROM CREDIT ONE BANK3 N.A. TO MHC RECEIVABLES, LLC As of February 28, 2019,for good and valuable the receipt consideration, and sufficiency of which is hereby acknowledgcd, Credit One Bank, N.A. ("Assignor")has t-sfeed, has sold, has conveyed, has assigned, has granted and has otherwisedeliveredto MHC Receivables, LLC ("Assignee"),allofAssignor'sright,title and in interest and to (i) the charged-off creditcard accounts identified on an account levelbasis in the data file named CreditOne_Sherman_032019 (the"Computer a copy File"), of which hereto is attached and incorporatedherein by referenceas "ExhibitA"; certain and, (ii) relatedaccount levelmedia copies or electronic thereof but (including, not limitedto terms statements, applications, and e^ahan), and all (iii) claims or rights out of arising or relating to each account referencedon the Computer File hereinañer, (collectively the"Acceane") including,but notlimited to,all claims and rights afforded each Account byvirtueof thatAccount's correspondingterms and conditions. The Accounts transferredunder the terms of thisBillof Sale and Assignment of Accounts were each transferredto Assignee4---hy followingcharge offforeach epplicable Account, as shown in the Computer File. With respectto Late*-..ation forthe Accounts,Assignor representsand warrantsto Assigneethatthe business records conveyed to Assignee to: relating the (i) Accounts issued by Assignor; and the (ii) saleand assigñmcnt of Accounts by Assignor the "Business (collectively, Records"),are keptby Assignor course in the regular of its business. Itis inthe regularcourse of knai=== of Assignor for an employee oran authorized reproscuiative with personal knowledge of theact,event, condition,or opinion(colicctively"Event") tobe recorded,to make the appropriate memorandum or recording of the Eventat or reasonably nearthe timeof the Event.Furthermore,Assignor represents and warrantsto Assignee that the Business Records are materially complete and thoroughly and accurate, embody the information in Assignor's custody and controlfor theAccounts from theircreationuntilthe time of transferto Assignee. These repre:;entations and warrantiesare intendedtoaugment anyother representedensand warrantiesthe partiesmay have in placeand notsupplant anyother existingwarrantiesand repree=±tions. ThisBill of Sale and Assignment of Accounts shall serve as evidence ofownerahip forthe Accounts conveyedhereby and shallserve as an acknc±dg;nent, as ratificanon, and as evidenceof the intent ofthe parties to transferthe Accounts. CREDIT ONE BANK, N.A. Michael Wiese Vice President 3 of 14 FILED: WASHINGTON COUNTY CLERK 02/04/2021 10:39 AM INDEX NO. EC2020-31897 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/04/2021 EXHIBIT A ACCOUNT SCHEDULE The Accounts that idenMed are specifically in the electronic filenamed CreditOne_Sherman_032019 with such electronicfileincorporatedhereinby reference. 10839 4 of 14 FILED: WASHINGTON COUNTY CLERK 02/04/2021 10:39 AM INDEX NO. EC2020-31897 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/04/2021 BILL OF SALE AND ASSIGNMENT OF RECEIVABLES FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES3 LLC As of February 28, 2019,forgood and valuable the receipt consideration, of which and sufficiency is hereby acknowledged, Credit One Bank, N.A. ("Assignor")has transferred, has conveyed, has sold, has assigned, has granted and has otherwisedeliveredto MHC Reccivables, LLC ("Assignee"),allofAssignor'sright,title and interestinand to (i) the receivables associated with each and every account referenced in the data file named CreditOne_Sherman_032019 (the"Computer a copy File"), of which hereto is attached and incorporatedhereinby referenceas "ExhibitA"; all claims and, (ii) or rights arising to each ofthose out of or relating Receivables (hereinafter, the "Receivables"). The Receivables transferredunder theterms of thisBillofSale and Assignment of Receivables were each transferredto Assigneepriorto the charge offof theassociatedacccüñts, as shownin the Computer File.ThisBillof Sale and Assign=nt of Receivablescvidcncca theintentbetween the for parties of the the transfer Receivables, acts as an ack=ewledgement of those and, transfers, to the extent necessary, of the transfers. ratificativu With respectto information forthe Receivables, Assignor representsand warrants to Assignee thatthe businessrecords conveyed to Assigneerelatingtothe Receivables (the"BusinessRecords"), arekept byAssignor in the regularcourseof its business. Itis in the regular course ofbusiness ofAssignor foran employee or an authorized representativewithpersonal knowledge of the act, event,condinan, or opinion "Event") (collectively to be recorded, to make the appropriatememorandum or recording of the Event at or reasonablynear the time of the Event. Furthermore, Assignor representsand warrantsto Assignee thatthe Business Records are materiallycordpleteand accurate,and tharcughly embody theinformation inAssignor's custody and controlforthe Receivables from their creationuntil of transfer the time to Assignee.These represent-dens and warrâaties are intendedto augment any other representadens and warrantiesthe partiesmay have in place and not supplantany otherexistingwarranties and representations. This Billof Sale and Assign-mentof Receivablesshall serveas evidenceof o=ne=Mp for theReceivables conveyed hereby and shallserveas an acknewisdgraent,as retiEeetion, and as evidenceof the intent ofthe parties to transferthe Receivables. CREDIT ONE BANK, N.A. Michael Wiese Vice President 10839 5 of 14 FILED: WASHINGTON COUNTY CLERK 02/04/2021 10:39 AM INDEX NO. EC2020-31897 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/04/2021 EXHIBIT A ACCOUNT SCHEDULE The Accounts thatare specifically idatined in the electronic filenamed Creditone-Sherman_032019 with such electronicfileincorporatedhereinby reference. 6 of 14 FILED: WASHINGTON COUNTY CLERK 02/04/2021 10:39 AM INDEX NO. EC2020-31897 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/04/2021 BILL OF SALE AND ASSIGNMENT OF RECEIVABLES FROM MHC RECEIVABLES, LLC, TO FNBM, LLC As of March 15, 2019, MHC Receivables,LLC ("Assignor"),forgood and valuable the consideration, receiptand süûicicacy of which is hereby acknowledr,èd,has periodically has transferred, sold,has assigned,has conveyed, has grantedand has otherwisedeliveredto FNBM, LLC, ("Assignee") allof its rights, title and interest in and to(i)the receivablesidentified and referenced specifically foreach of the accounts on an account levelbasison A" the datafiletitled CreditOne_Sherman_032019 attachedhereto and incorporatedby referenceas "Exhibit ; and all (ii) claims orrightsarisingout oforrelatingtothe accountlevelreceivables(herehiaiter the "Receivables"). With respectto information forthe Receivables, Assignor representsand warrants to Assignee thatthe businessrecords conveyed to Assigneerelatingtothe Receivables (the"BusinessRecords"), arekept byAssignor in the regularcourseof its business. It is in the regular course of businessof Assignorforan employee or an authorized representativewithpersonalknowledge of the act, event,condi6on, or opinion(collectively "Event")to be recorded, to make the appropriatememorandum or recording of the Event at or reasonablynear the time ofthe Event. Furthermore, Assignor representsand warrantsto Assignee thatthe Business Records are materiallycomplete and accurate,and tharcaghly embody theinfnrmation inAssignor's custody and controlforthe Receivables from their creationuntilthe timeof transfer to Assignee.These representa±ns and warranties are intendedto augment any other represcdotions and warrantiesthe partiesmay have in place and not supplantany other existingwarranties and representations. This BillofSale and Ar"--+ ofReceivables shallserveas an ackacwledgment, as ratification, and as evidchee ofthe intentof the parties to transfer the ReleasedReceivables refeeced herein. MHC Receivables, LLC Mark Authorized Rufail, Representative 10839 7 of 14 FILED: WASHINGTON COUNTY CLERK 02/04/2021 10:39 AM INDEX NO. EC2020-31897 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/04/2021 EXHIBIT A ACCOUNT SCHEDULE The A~~'a+= that identi&d are specifically in the electronic filenamed CreditOne_Sherman_032019 , withsuch electr0ñicfileincorporatedhereinby reference. 10839 8 of 14 FILED: WASHINGTON COUNTY CLERK 02/04/2021 10:39 AM INDEX NO. EC2020-31897 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/04/2021 BILL OF SALE AND ASSIGNMENT OF RECEIVABLES FROM FNBM, LLC, TO SHERMAN ORIGINATOR IH LLC On March 15, 2019,FNBM, LLC ("Assignor"),forgood and valuableconsideration,the receipt ofwhich is hereby ackñGwi©dged, hereby transfers, sells, conveys, assigns, grantsand deliversto Sherman Originator IIILLC ("Assignee"),allof its title rights, and interestinand to(i)the receivablesidentified and referenced specifically for each of theaccounts on an accountlevelbasison the datafiletitled CreditOne-Sherman_032019 attachedhereto and incorporatedby referenceas "ExhibitA"; and (ii) allclaims or rights arisingoutof to the or relating receivables (hereinafter the "Receivables"). With respectto information forthe Receivables, Assignor representsand warrants to Assignee thatthe businessrecords to the Receivables relating (the"BusinessRecords") are keptby Assignorin the regular course ofits business.It isinthe regularcourse of businessof Assignor for an employee or an authorizedrepresentativewith perscñal knowledge of the act,event,condition, or opinion (collectively "Event") to be recorded, tomake the appropriatememorandum or recording at or reasonably near the timeof the Event.Furthermore,Assignor represents and warrantstoAssignee thatthe BusinessRecords are matcriallycomplete and accurateand thoroughlyembody the information in Assignor's custody and controlforthe Receivablesfrom Assignor's receiptof those Receivables until the time of transferto Assignee. These representationeand warrantiesare intended to augment any other repmsentenons and warranties the parties may have in place and not supplantany other existingwarranties and representations. This Billof Sale and Assigñmcñt of Receivables shallserve as evidence of Gwñcrship for any of the Receivables conveyed hereby. FNBM, LLC Jon M li, M Author' Representative 10839 9 of 14 FILED: WASHINGTON COUNTY CLERK 02/04/2021 10:39 AM INDEX NO. EC2020-31897 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/04/2021 EXHIBIT A ACCOUNT SCHEDULE The Accounts thatare specifically identifiedin the clectronic file name CreditOne-Sherman_032019 , withsuch electronicfileincorporatedhereinby reference. 10839 10 of 14 FILED: WASHINGTON COUNTY CLERK 02/04/2021 10:39 AM INDEX NO. EC2020-31897 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/04/2021 BILL OF SALE AND ASSIGNMENT OF ACCOUNTS FROM MHC RECElVABLES, LLC TOSHERMAN ORIGINATOR IIILLC On March 15,2019, for good and valuableennniawinñ, the receiptand samciency of which is hereby acknowledged, MHC Receivables,LLC ("Assignor"),herebytransfers,sells, conveys, assigns, grantsand otherwise deliversto Sherman Originator IIILLC ("Assignee"),allof Assignor's, rights titleand interestin and to(i)the charged-off accountsiden+iEed on an accountlevelbasisin thedata named file CreditOne_Sherman_032019 (the "Computer File"),a copy ofwhich is attachedheretoand incorpmeted herein by referenceas "ExhibitA"; and,(ii) certainrelatedaccount levelmedia or electronic copiesthereof(including,butnot limited to applicanuns,statements, terms and condition),and all (iii) claimsor rightsarisingoutof or to relating each referencedaccount (collectively hereinafterthe "Accounts")including,but notlimitedto,allclaimsand rightsaffordedeach account byvirtueof that account's correspondingterms and conditions. With respect to information forthe Accounts describedin the related Computer Assignor File, represcutsand warrants toAssignee thatthe businessrecordsrelatingto:(i)theAccounts owned by Assignor; and the (ii) sale and assignment of Accounts by Assignor the "Business (collectively, Records"), are kept by Assignor in the regular course of its business. Itis in the regular courseof businessofAssignor foran employee or an authorizedrepresentative with personal knowledge of the act,event,condition, oropinion (collectively "Event") to be recorded, tomake the appropriatemem-dn- or rcccrdingat or re=onablynear the timeof the Event. Assignor represents Furthermore, and wnmuss to Assignee thatthe ';ëhss Records complete are materially and accurateand theroughlyembody the information inAssignor's custodyand controlfor theAccounts in listed theComputer Filefrom Assignor's receipt of thoseAccounts untilthe timeof transfer to Assignee.These rç:e:;œtansas and warranties are intendedto augment any otherrepresentationsand warrantiesthe parties may have in placeand notsupplant anyother existingwarranties and representations. This Billof Saleand Assignment ofAccounts shallserveas evidence of swñcrahip forany of the Acccüñts conveyed hereby. MHC Receivables, LLC Mark Rufail,AuthorizedRepresentative 10839 11 of 14 FILED: WASHINGTON COUNTY CLERK 02/04/2021 10:39 AM INDEX NO. EC2020-31897 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/04/2021 EXHIBIT A ACCOUNT SCHEDULE The Accounts thatare specinusuy in the electronic identified file named CreditOne-Sherman 032019 , with such electronicfileincorporatedhereinby reference. 12 of 14 FILED: WASHINGTON COUNTY CLERK 02/04/2021 10:39 AM INDEX NO. EC2020-31897 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/04/2021 Declaration of Account Transfer Sherman Originator IIILLC ("SOLLC III"),without recourse, to the extent permitted by applicable law, hereby transfers, sells,assigns, conveys, grants and delivers to Sherman Originator LLC ("SOLLC") allof its right, titleand intemst in and to the receivables and other assets (the "Assets") identified on Exhibit A, in the Receivable File dated March 04, 2019 delivered by MHC Receivables, LLC and FNBM, LLC on March 15, 2019 forpurchase by SOLLC IIIon March 15, 2019. The transfer of the Assets included clecticñically stored business records. SOLLC, subsequent to the above mentioned transfer, hereby transfers, sells,assigns, conveys, grants and delivers to LVNV Funding LLC ("LVNV"), the above mentioned Assets. The transfer of the Assets included electronically stored business records. Sherman Originator IIILLC a Delaware Limited Liability C mpany By: N : Jon Ma Titl : Director Sherman Originator LLC a Delaware Limited Liability Company By: ne: Jackson Walker itle: Authorized Representative LVNV Funding LLC a Delaware Limited Liability Company Name: Daniel Picciano Title: Authorized Representative 10839 13 of 14 FILED: WASHINGTON COUNTY CLERK 02/04/2021 10:39 AM INDEX NO. EC2020-31897 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/04/2021 Exhibit A Receivables File 03.15.19 CreditOne_Sherman_032019 Transfer Group Portfolio Transfer Batch 577429 35202 N/A 14 of 14