Preview
FILED: OTSEGO COUNTY CLERK 10/06/2021 03:13 PM INDEX NO. EF2021-522
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/06/2021
AFFIDAVIT OF FACTS AND SALE
OF ACCOUNT BY ORIGINAL CREDITOR
STATE OF MINNESOTA )
) ss.:
COUNTY OF HENNEPIN )
The undersigned, being duly sworn, deposes and says:
1. I am an employee of Bluests Brands, Inc. ("Bluestem"), attorney-in-fact for
WebBank ("Original Creditor") under the limited power of attorneyreproduced as an exhibit
hereto. I have pesonal knowledge of and access to the books and records ("Business Records"),
including electronic records, maintained by Bluestem for Original Creditor relating to a pool of
charged-off censn.me credit accounts sold or assigned by WebBank to Bluestem Brands, Inc. (in
this capacity, the "Debt Buyer"), on 11/27/2018 (the "Sale"), which included the accounts
("Accounts") of the consumers ("Consumers") identified in the exhibits attachM hereto and
incorporated herein. As partof the Sale, Original Creditor assigned allof its interest in the
Accounts, including, by way of prior transfer, the right to any proceeds from the Accounts, to
Debt Buyer, and ittransferred ownership of Business Records relating to the Accounts to Debt
Buyer. A true and correct copy of the billof sale or written assignment of the Account is
attached as an exhibit to this affidavit.
2. In my position, I also have personal knowledge of Bluestem's procedures for creating
and maintaining Business Records forOriginal Creditor, including procedures relating to the sale
and assignment of consumer credit accounts. The Business Records were made in the regular
course of business and itwas the regular course of such business to make the Business Records.
The Business Records were made at or near the time of the events recorded. Based on my
knowledge of Original Creditor's Business Records as maintained by Bluestem, I have personal
knowledge of the facts set forthin this affidavit.
3. Original Creditor and Conausuwa were partiesto credit agreemats ("Agreements") as
Each Ccnse-c- agreed to Original Creditor for all
indicatal in the exhibits hereto. pay goods,
services and cash advances provided pursuant to the relevant Agreement. The date and the
amount of the lastpayment, ifany, made by each Consumer are set forth in the eylibits attached
hereto and made a part hereof. Each Conau,ner defaulted and a demand forpayment was made
by Bluestem on behalf of Original Creditor.
amount- anachd
4. At the time of Sale, the Censumers owed the set forthin the exhibits
hereto and made a part hereof, which also set forththe name of each Consumer; the last four
digits of the Account number; the date and amount of the charge-off balance; the date and
amount of the lastpayment, ifany; the total amounts, ifapplicable, of any post-charge-off
interest and post-charge-off fees and charges; any post-charge-off credits or payments made by
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FILED: OTSEGO COUNTY CLERK 10/06/2021 03:13 PM INDEX NO. EF2021-522
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/06/2021
or on behalf of such Censu-er; and the balance due atthe time of the Sale. The above statelets
are true and correct to the best of my personal knowledge.
lip Ott
Sworn to before me this
28th day of November, 2018.
UNDAKAYELOGER
in e
Public Expires
Notary
2
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FILED: OTSEGO COUNTY CLERK 10/06/2021 03:13 PM INDEX NO. EF2021-522
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/06/2021
Affidavitof Factsand Saleof Account - BBI__11282018
CERTIFICATE OF CONFORMITY
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The üñdersipied does hereby certify thathe/she isan attorney at law duly ad-iued to practicein the State
of Minnesota, and is a residentof Hennepin county, inthe State of Minnesota; thathe/she isa person duly
qualified to make this certificateof conformity pursuant to the laws of the State of Minnesota; that the
foregoing acknowledgment by Philip Ott named in the foregoing instrument taken before Linda Loger a
notary in the State of Minnesota was taken on 12/27/2018 in the manner prescribed by such laws ofthe
State of Mi=eseta, being theState in which it was taken; and that itduly conforms with such laws and is
in allrespectsvalid and effective in such state.
12/27/2018
Date at law for State ofMinnesota - JulieWingert
y
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FILED: OTSEGO COUNTY CLERK 10/06/2021 03:13 PM INDEX NO. EF2021-522
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/06/2021
.LIMITED POWER OF ATTORNEY
November 15, 2018
KNOW ALL PERSONS BY THESE PRBSENTS that,
WHEREAS, WebBank, an FDIC-insured, Utah-chartered industri lbank headquartered
in SaltLake City, Utah, provides customized consumer and commercial financing solutions on a
nC. de basis. WebBank isa leading provider ef closed-end and revolving private-label ánd
bank card financing programs; and,
WHEREAS, under standing agreements with Bluestem Brands, Inc. (*Bluestem"),
Bluesterñª
WebBank offersthe privatelabel creditprograin for s Fingerhut and GettingtotLcom
brands (the "Program") by making installment and revolving credit accounts available to
Bluestern's customers, for thefinancing ofmerchandise from Bluestem; and,
WHEREAS, when accounts in theProgram are charged off,Bluestein purchases them
froinWebBank, typicallyfor on-sale to thirdparties;and,
WHEREAS, while cens".rners in theProgram enter intoaccount agreements with and
obtain creditfrom WebBanlç, all interactionswith customers and all recordkeeping are
performed for WebBank by Bluestem, with the ce=sequence that WebBank staff do not have the
abilityto prepare the personal-·knowledgeaÃfndavits required pursuant to Unif.R. 202,27-a
(Supreme and the County Unif.
Courts.).; R. 208..14-a (New York City Civil Coutt); Unif.
R. 210.14-a (City.Courts outside the Cityof New York); Unif. R. 212 14-a (DistrictCourts)
(collectively,the "New York Affidavit Rules")
NOW, THEREFORE, premises considered, WebBank hereby1nakes; cows6tates and
appoiritsBluestem as itstrueand lawful agent and attorney-in-fact to include in affalavits, from
time to time in cõññêctica with accounts opened for borrowers residing inNew York and sold by
Blucatem to a Debt Buyer in the name, place and stead ofWebBank, truthful,.complete, correct,
and expres ly requiredinformation pursuant to the New York Affidavit R.ules. WebBank further
grants such attorney-in-factfullauthority and power to do and perform any and allacts
untÿ
necessäry or incidentto the execution of the powers expressly granted in the preceding sentence,
.as WebBmik or itsagents might or could do, or cause to be done, itself.This Limited Pawer of
Attorney dées not, and shallnot be construed to,provide any other powers or rightsother than
the limited power ofattarñcy to take the specificactions set forth.inthisparagraph. This Limited
Power of Attorney may be revoked atany time by WebBank, WebBank's granting of this
ofthe."Program"
Limited Power ofAttomey shall be deemed to be part as defined in the
Program A reement dated as ofApril 18, 2013 among WebBank, Bluestem and theother parties
thereto (asamended, restated,or otherwise modified from time to time). This Limited Power of
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FILED: OTSEGO COUNTY CLERK 10/06/2021 03:13 PM INDEX NO. EF2021-522
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/06/2021
Attorney shallbe governed by the laws of the Stateof New York without giving effectto the
conflict of laws rulesthereof.
IN WITNESS WHEREOF, WebBank has caused thisLimited Power of Attorney to be
duly executed as ofthe date firstabove written.
WEBBANK
S ve Stan@rd
Chie mancial Officer
STATE OF UTAH )
) ss.:
COUNTY OF SALT LAKE )
BE IT REMEMBERED, thaton this day of N1W‡l4, 2018, before me, a
Notary Public, inand forsaid County and State, came Steve St±:d, to me peanally known to
be the same person who executed the foregaing instrument, and duly acknowledged the
ey-Muden ofthe same, forand on behalf of,and asthe act and deed ofsaid entity.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal theday and year lastabove written.
Notary Public
My Commission Expires: 10 o MO
JASEDE MCMULUN
Notary PvDhe- Stateof Utah
Comm.No. 691107
My CommissionExpireson
Oct4. 20190 ,
2
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FILED: OTSEGO COUNTY CLERK 10/06/2021 03:13 PM INDEX NO. EF2021-522
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/06/2021
TE0ECONFOR3GTY
STATEOFUTAE
COUNIYOFSALTLAKE
Theundenigneddoesherebyeartifytbathe/sbeieransitemeyatlawdulyedmittedtotmacdeeinthe$te
g Utahand is a resident
eree coung d
sattWindaSusedUtah;&athe/sheBapenea%dy
qualifiedtomakethiscenfeetofsoeGenaypesuastothelawsoftheSWadush;tiwmefbeggming
aCEBeWietlglRGBtby St c f0togQing
ingtrUtBGR11Rkd0bddPBanotaryindep
StatedUtahwastakeninaemannerpascribedby1mchlawraftboStoneofUtah,beingtheSteselswidch
itwastaken;andthatiedulycoafonaswi
suchtrWsandisinaRaspectsvalidandeflieetiveinsucks
to S/W fJ /J
onee Adengathw kneS e Umb
Wiley Wilden
6 of 6
Preview
FILED: OTSEGO COUNTY CLERK 10/06/2021 03:13 PM INDEX NO. EF2021-522 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/06/2021 AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY ORIGINAL CREDITOR STATE OF MINNESOTA ) ) ss.: COUNTY OF HENNEPIN ) The undersigned, being duly sworn, deposes and says: 1. I am an employee of Bluests Brands, Inc. ("Bluestem"), attorney-in-fact for WebBank ("Original Creditor") under the limited power of attorneyreproduced as an exhibit hereto. I have pesonal knowledge of and access to the books and records ("Business Records"), including electronic records, maintained by Bluestem for Original Creditor relating to a pool of charged-off censn.me credit accounts sold or assigned by WebBank to Bluestem Brands, Inc. (in this capacity, the "Debt Buyer"), on 11/27/2018 (the "Sale"), which included the accounts ("Accounts") of the consumers ("Consumers") identified in the exhibits attachM hereto and incorporated herein. As partof the Sale, Original Creditor assigned allof its interest in the Accounts, including, by way of prior transfer, the right to any proceeds from the Accounts, to Debt Buyer, and ittransferred ownership of Business Records relating to the Accounts to Debt Buyer. A true and correct copy of the billof sale or written assignment of the Account is attached as an exhibit to this affidavit. 2. In my position, I also have personal knowledge of Bluestem's procedures for creating and maintaining Business Records forOriginal Creditor, including procedures relating to the sale and assignment of consumer credit accounts. The Business Records were made in the regular course of business and itwas the regular course of such business to make the Business Records. The Business Records were made at or near the time of the events recorded. Based on my knowledge of Original Creditor's Business Records as maintained by Bluestem, I have personal knowledge of the facts set forthin this affidavit. 3. Original Creditor and Conausuwa were partiesto credit agreemats ("Agreements") as Each Ccnse-c- agreed to Original Creditor for all indicatal in the exhibits hereto. pay goods, services and cash advances provided pursuant to the relevant Agreement. The date and the amount of the lastpayment, ifany, made by each Consumer are set forth in the eylibits attached hereto and made a part hereof. Each Conau,ner defaulted and a demand forpayment was made by Bluestem on behalf of Original Creditor. amount- anachd 4. At the time of Sale, the Censumers owed the set forthin the exhibits hereto and made a part hereof, which also set forththe name of each Consumer; the last four digits of the Account number; the date and amount of the charge-off balance; the date and amount of the lastpayment, ifany; the total amounts, ifapplicable, of any post-charge-off interest and post-charge-off fees and charges; any post-charge-off credits or payments made by 1 of 6 FILED: OTSEGO COUNTY CLERK 10/06/2021 03:13 PM INDEX NO. EF2021-522 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/06/2021 or on behalf of such Censu-er; and the balance due atthe time of the Sale. The above statelets are true and correct to the best of my personal knowledge. lip Ott Sworn to before me this 28th day of November, 2018. UNDAKAYELOGER in e Public Expires Notary 2 2 of 6 FILED: OTSEGO COUNTY CLERK 10/06/2021 03:13 PM INDEX NO. EF2021-522 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/06/2021 Affidavitof Factsand Saleof Account - BBI__11282018 CERTIFICATE OF CONFORMITY STATE OF MINNESOTA COUNTY OF HENNEPIN The üñdersipied does hereby certify thathe/she isan attorney at law duly ad-iued to practicein the State of Minnesota, and is a residentof Hennepin county, inthe State of Minnesota; thathe/she isa person duly qualified to make this certificateof conformity pursuant to the laws of the State of Minnesota; that the foregoing acknowledgment by Philip Ott named in the foregoing instrument taken before Linda Loger a notary in the State of Minnesota was taken on 12/27/2018 in the manner prescribed by such laws ofthe State of Mi=eseta, being theState in which it was taken; and that itduly conforms with such laws and is in allrespectsvalid and effective in such state. 12/27/2018 Date at law for State ofMinnesota - JulieWingert y 3 of 6 FILED: OTSEGO COUNTY CLERK 10/06/2021 03:13 PM INDEX NO. EF2021-522 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/06/2021 .LIMITED POWER OF ATTORNEY November 15, 2018 KNOW ALL PERSONS BY THESE PRBSENTS that, WHEREAS, WebBank, an FDIC-insured, Utah-chartered industri lbank headquartered in SaltLake City, Utah, provides customized consumer and commercial financing solutions on a nC. de basis. WebBank isa leading provider ef closed-end and revolving private-label ánd bank card financing programs; and, WHEREAS, under standing agreements with Bluestem Brands, Inc. (*Bluestem"), Bluesterñª WebBank offersthe privatelabel creditprograin for s Fingerhut and GettingtotLcom brands (the "Program") by making installment and revolving credit accounts available to Bluestern's customers, for thefinancing ofmerchandise from Bluestem; and, WHEREAS, when accounts in theProgram are charged off,Bluestein purchases them froinWebBank, typicallyfor on-sale to thirdparties;and, WHEREAS, while cens".rners in theProgram enter intoaccount agreements with and obtain creditfrom WebBanlç, all interactionswith customers and all recordkeeping are performed for WebBank by Bluestem, with the ce=sequence that WebBank staff do not have the abilityto prepare the personal-·knowledgeaÃfndavits required pursuant to Unif.R. 202,27-a (Supreme and the County Unif. Courts.).; R. 208..14-a (New York City Civil Coutt); Unif. R. 210.14-a (City.Courts outside the Cityof New York); Unif. R. 212 14-a (DistrictCourts) (collectively,the "New York Affidavit Rules") NOW, THEREFORE, premises considered, WebBank hereby1nakes; cows6tates and appoiritsBluestem as itstrueand lawful agent and attorney-in-fact to include in affalavits, from time to time in cõññêctica with accounts opened for borrowers residing inNew York and sold by Blucatem to a Debt Buyer in the name, place and stead ofWebBank, truthful,.complete, correct, and expres ly requiredinformation pursuant to the New York Affidavit R.ules. WebBank further grants such attorney-in-factfullauthority and power to do and perform any and allacts untÿ necessäry or incidentto the execution of the powers expressly granted in the preceding sentence, .as WebBmik or itsagents might or could do, or cause to be done, itself.This Limited Pawer of Attorney dées not, and shallnot be construed to,provide any other powers or rightsother than the limited power ofattarñcy to take the specificactions set forth.inthisparagraph. This Limited Power of Attorney may be revoked atany time by WebBank, WebBank's granting of this ofthe."Program" Limited Power ofAttomey shall be deemed to be part as defined in the Program A reement dated as ofApril 18, 2013 among WebBank, Bluestem and theother parties thereto (asamended, restated,or otherwise modified from time to time). This Limited Power of 4 of 6 FILED: OTSEGO COUNTY CLERK 10/06/2021 03:13 PM INDEX NO. EF2021-522 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/06/2021 Attorney shallbe governed by the laws of the Stateof New York without giving effectto the conflict of laws rulesthereof. IN WITNESS WHEREOF, WebBank has caused thisLimited Power of Attorney to be duly executed as ofthe date firstabove written. WEBBANK S ve Stan@rd Chie mancial Officer STATE OF UTAH ) ) ss.: COUNTY OF SALT LAKE ) BE IT REMEMBERED, thaton this day of N1W‡l4, 2018, before me, a Notary Public, inand forsaid County and State, came Steve St±:d, to me peanally known to be the same person who executed the foregaing instrument, and duly acknowledged the ey-Muden ofthe same, forand on behalf of,and asthe act and deed ofsaid entity. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal theday and year lastabove written. Notary Public My Commission Expires: 10 o MO JASEDE MCMULUN Notary PvDhe- Stateof Utah Comm.No. 691107 My CommissionExpireson Oct4. 20190 , 2 5 of 6 FILED: OTSEGO COUNTY CLERK 10/06/2021 03:13 PM INDEX NO. EF2021-522 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/06/2021 TE0ECONFOR3GTY STATEOFUTAE COUNIYOFSALTLAKE Theundenigneddoesherebyeartifytbathe/sbeieransitemeyatlawdulyedmittedtotmacdeeinthe$te g Utahand is a resident eree coung d sattWindaSusedUtah;&athe/sheBapenea%dy qualifiedtomakethiscenfeetofsoeGenaypesuastothelawsoftheSWadush;tiwmefbeggming aCEBeWietlglRGBtby St c f0togQing ingtrUtBGR11Rkd0bddPBanotaryindep StatedUtahwastakeninaemannerpascribedby1mchlawraftboStoneofUtah,beingtheSteselswidch itwastaken;andthatiedulycoafonaswi suchtrWsandisinaRaspectsvalidandeflieetiveinsucks to S/W fJ /J onee Adengathw kneS e Umb Wiley Wilden 6 of 6