Preview
FILED: PUTNAM COUNTY CLERK 02/17/2022 01:04 PM INDEX NO. 501240/2021
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 02/17/2022
AFFIDAVIT OF FACTS
AND SALE OF ACCOUNT BY ORIGINAL CREDITOR
The undersigned, being duly sworn, deposes and says:
1. I am an Agency Specialistof U.S. Bank National Association (as successor-in-interest by merger
to U.S. Bank National Association ND), a national banking association, d/b/a Elan Financial
Services ("Original Creditor"), and I have personal knowledge of and access to Original Creditor's
books and records ("Business electronic to a pool of charged-
Records"), including records, relating
off can=== credit accounts sold or assigned Original Creditor to Absolute Resolutions
by
investments, LLC ("Debt Buyer"), on 03/29/2021 (the "Sale"), which included the account
("Account") of the consumer ("Consumer") identified in the exhibits attached hereto and
incorporated herein.As partof the Sale, Original Creditor assigned allof itsinterestinthe Account,
including the rightto any proceeds from the Accounts, to Debt Buyer, and ittransferred Business
Records relating tothe Account to Debt Buyer. A trueand correct copy of the bill
of saleor written
assignment of the Account is attached as an exhibit to thisaffidavit.
2. In my position, I alsohave personal knowledge of Original Creditor's procedures for creating and
maintaining itsBusiness Records, including itsprocedures relating to the sale and assignment of
consumer credit accounts. Original Creditor's Business Records were made in theregular course of
business and it was theregular course of such business to make the Business Records. The Business
Records were made at ornear the time of the events recorded. Based on my knowledge ofOriginal
Creditor's Business Records, I have personal knowledge of the factsset forthin this affidavit.
3. Original Creditor and an=mer were parties to a credit agreement ("Agreement"). Cassumer
agreed to pay Original Creditor for allgoods, services and cash advances provided pursuant tothe
Agreement. The date and theamount of the lastpayment, ifany, made by Consumer areset forth
in an exhibit attached hereto and made a part hereof.Consumer defaulted and a demand forpayment
was made by Original Creditor. A trueand correctcopy of the Agreement isattached as an exhibit
to thisaffidavit.
4. I have personal knowledge of Original Creditor's procedures for and ~~m+
generating mailing
statements to customers. Itis theregular practice of Original Creditor's business to provide periodic
account statements to itscustomers. Original Creditor provided one or more account statements
relating to theConsumer's Account to Consumer on the date(s) and for the amount(s) due set forth
in an exhibit attached hereto and made a part hereof. The account statement(s) were mailed to
Consumer's last known address or made available on-line if the Consumcz elected to receive
statements electronically and Original Creditor's Business Records do not reflect that the
statement(s) were returned by the post office or thatthe Consumer objected to them. A true and
correct copy of the most recent account statement(s) generated and mailed or made available
electronically by Original Creditor isattached as an exhibit to thisaffidavit.
5. At the time of Sale,Consumer owed the amount setforth inthe exhibits attached hereto and made
a part hereof, which also set forth the name of the Consumer; the lastfour digitsof the Account
number; the date and amount of the charge-off balance; the dateand amount of the lastpayment, if
any; the total amounts, if applicable, of any post-charge-off interest and post-charge-off fees and
charges; any post-charge-off credits or payments made by or on behalf of the Consumer; and the
balance due at the time of the Sale.
1
8.1.18 Elan Approved
FILED: PUTNAM COUNTY CLERK 02/17/2022 01:04 PM INDEX NO. 501240/2021
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 02/17/2022
The above statements are trueand correct to the best ofmy personal lacwledge.
U.S. Bank National Association d/b/a
Elan Financial Services
Title:Agency Specialist
Subscribed and sworn to before me this day of JUNE, 2021.
by Carolyn Surtin as Agency Specialist of U.S. Bank National Association d/b/a
Elan Financial Services.
(Notary Seal)
LESLIETERRELLROBERTS
NotaryPublic - Notary Seal
St Louis County - State of Missouri
Commission Number 18652004
Expires Jan 28, 2022
My Comm!::icr.
2
8.1.18 Elan Approved
FILED: PUTNAM COUNTY CLERK 02/17/2022 01:04 PM INDEX NO. 501240/2021
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 02/17/2022
CERTIFICATE OF CONFORMITY
The undersigned does hereby certify that he is an attorney at law duly admitted to
practice in the State of Missouri; that he is a person duly qualified to make this certificate
of conformity pursuant to Section 299-a of the Real Property Law of the State of New
York; that the foregoing acknowledgment by Carolyn Surtin named in the foregoing
instrument taken before Leslie Terrell Roberts, a notary in the State of Missouri, was
taken in the manner prescribed by such laws of the State of Missouri, being the State in
which itwas taken; and that itduly conforms with such laws and is in allrespects valid
and effective in such state.
IN WITNESS WHEREOF, I have hereunto set my signature, this day of
JUNE, 2.0.21.
David R. Levy
Attorney
FILED: PUTNAM COUNTY CLERK 02/17/2022 01:04 PM INDEX NO. 501240/2021
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 02/17/2022
EXHIBIT B
BILL OF SALE AND ASSIGNMENT OF ASSETS
For value received, the undersigned Assignor ("Assisñar") hereby absolutely sells,
transfers, assigns, sets-over, quitclaims and conveys to Absolute Resolutions Investments, 11C, a
limited liability company organized under the laws of Arizona ("Assignee"), all of Assignor's
right, title and interest in and to each of the assets identified in the Asset Schedule ("Asset
Schedule") attached hereto as Exhibit A (the "Assets"), identified in a file named
762_usb-sale_20210320, together with the right to collect allprincipal, interest or other proceeds
of any kind with respect to the Assets remaining due and owing as of the date hereof (including
but not limited to proceeds derived from the conversion, voluntary or involuntary, of any of the
Assets into cash or other liquidated property, including, without limitation, insurance proceeds and
condemnation awards), from and afterthe date of this Bill of Sale and Assignment of Assets.
DATED: MARCH 29, 2021
Lot Number Account Troe Number of Assets Balance
762
ASSIGNEE:
By:
Name (print):Laura R Jensen
Title: Chief Acquisiucñs Officer
ASSIGNOR:
U.S. Bank National Association,
as creditissuer operating under U.S. Bank, Elan Financial
Services, and ACG Card Services
By:
Name: Jil Clement
Title: Sr Vice esident
.
By:
Name: Jason Wilkerson
Title: Vice President - Collections Manager
1|P a g e
FILED: PUTNAM COUNTY CLERK 02/17/2022 01:04 PM INDEX NO. 501240/2021
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 02/17/2022
TOMPIGNSals
September 2020 Statement Page 1 of4
Open Date: 08/22/2020 Closing Date:09/21/2020 Account: 5486
Visa® P!atinum Bonus Rewards Card Cardmamber Service 1-800-558-3424
(
MARIA L SAWICKI BNK 10 ELN 78 14
NeWEalHefeeSEEEE 223:325 2255EW2 Activity Summary
M Previous Balance + $907.60
â 5 NG Payments - $100.00ca
M Other Credits $0.00
chases $0.00
W
ede Balance Transfers $0.00
en as en Advances $0.00
Other Debits $0.00
Minimum Payment Warning: If you
make onlythe minimum
Fees Charged + $25.00
payment each period,you will
pay more in nterestand it will
InterestCharged + $16.43
take you longertopay off yourbalance.For example:
New Balance = $849.03
If you make no You will pay off And you will
additional chargesthe balance shown end up paying Past Due $147.00
using this card andon this statamar.t an estimated Minimum Payment Due $204.00
each month you in about... total of...
pay... Credit Line $750.00
Available Credit None
Only the minimum 17 months $971
payment Days inBillingPeriod 31
I
If youwould like
iñfermationabout credit
counselingservices, Reward Points
call 866-951-1391.
Eamed This Statement 0
Reward Center Balance 1,847
as of 09/20/2020
For details,see your rewards summary.
Notice to New York Resida;-.';:
You may contact theNew York statedepardñêñt of financial
servicesby tsisphonsat
(800)342-3736 its website
or visit at www.dfs.ny.qovfor free
infairñãuonon compere+ivecreditcard fees
rates, and
interest-free
periods.
Mailpaymentcoupon Pay onlineat Pay by phone
Payment Options: wth a check myaccomnacarsso×n 1-800-558-3424
Please detach and send coupon with check payable to: Ce±Service
TOMPIqNSnds
Account Number 5486
Payment Due Date 10/19/2020
C24-Hour Cardmember Service:1-800-558-3424 New Balance $849.03
Ast-r payment Due $204.00
. tochange your address
Amount Ene'cosd $
000049645 01 SP 0006389955662 P Y
Cardmember Service
S IC Box
P.O. 790408
BREWSTER NY 10509-4124 St. Louis,
MO 63179-0408
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FILED: PUTNAM COUNTY CLERK 02/17/2022 01:04 PM INDEX NO. 501240/2021
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 02/17/2022
What To Do If You Think
You On Your Statement
Find A Mistake
If you think there is an error on your statement, please call us at the telephone number on the front of this statement, or write to us at:
Cardmember Service, P.O. Box 6335, Fargo, ND 58125-6335.
In your letter or call, give us the following information:
Account information:
Your name and account number.
Dollar amount: The dollar amount of the suspected enor.
Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake.
You must contact us within 60 days after the error appeared on your statement
While we investigate whether or not there has been an error,
the following are true:
We cannot try to collect the amount in question, or report you as delinquent on that amount.
The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, If we determine
that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount.
Þ While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
We can apply any unpaid amount against your credit limit.
Your RightsIf You Are Dissatisfied
With YourCreditCard Purchases
If you are diacatiafiad with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the
problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.
To use this right, all of the following must be true:
1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must
have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we
own the company that sold you the goods or services.)
2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses
your credit card account do not qualify.
3. You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still d±tb±:d
with the purchase, contact us in writing at: Cardmember
Service, P.O. Box
While we investigate, the sarne rules apply to the disputed amount as discussed above. After we finish our
6335, Fargo, ND 58125-6335.
we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent.
investigation,
ImportantInfonaetionRegarding Your Account
1. INTEREST CHARGE: Method of Computing Balance Subject to Interest Rate: We calculate the periodic rate or interest portion of the
INTEREST CHARGE by mü|tiply|ng the applicable
Daily Periodic Rate ("DPR")
by the Average Daily Balance ("ADB")
(including new
of the Purchase, Advance and Balance Transfer categories subject to interest, and then adding together the resulting interest
transactions)
from each category. We determine the ADB separately for the Purchases, Advances and Balance Transfer categories. To get the ADB in
each category, we add together the daily balances In those categories for the biliIng cycle and divide the result by the number of days in the
the daily balances each day by taking the beginning balance of those Account categories (including any billed but
billing cycle. We determine
unpaid interest, fees, credit insurance and other charges), adding any new interest, fees, and charges, and subtracting any payments or
credits applied against your Account balances that day. We add a Purchase, Advance or Balance Transfer to the appropriate balances for
those categories on the later of the transaction date or the first day of the statement
period. Billed but unpaid interest on Purchases, Advances
is added to the appropriate
and Balance Transfers balances for those categories each month on the statement date. Billed but unpaid
Fees are added to the Advance balance of your Account on the date they are charged to your Account. Any billed but
Advance Transaction
credit insurance charges, and other charges are added to the Purchase balance of the Account on the date they
unpaid fees on Purchases,
Billed but unpaid fees on Balance Transfers
are charged to the Account. are added to the Balance Transfer balance of the Account on the
date they are charged to the Account. In other words, billed and unpaid interest, fees, and charges will be included in the ADB of your
Account that accrues interest and will reduce the amount of credit available to you. To the extent credit insurance charges, overflmit fees,
AnnualFees, and/or Travel Membership Fees may be applied to your Account, such charges and/or fees are not included in the ADB
for Purchâ5âa until the first day of the billing cycle following the date the credit insurance charges, overlimit fees, Annual Fees
calculation
and/or Travel Membership Prior statement balances subject to an interest-free
Fees (as applicable) are charged to the Account. period that
have been paid on or before the payment due date in the current billing cycle are not included in the ADB calculation.
2. Payment Information:
You must pay us in U.S. Dollars with checks or similar payment instruments drawn on a financial institution located
We will also accept payment in U.S. Dollars via the Intemet or phone or previously established automatic payment
in the United States.
teneedien. We may, at our option, choose to accept a payment drawn on a foreign linancial institution.
However, you will be charged and
The date you mail a payment is different than the date we
agree to pay any collection fees required in connection with such a tranaaction.
receive that payment. Carrimambar
The payment date is the day we receive your check or money order at Service, P.O. Box 790408, St.
Louis, MO 63179-0408or the day we receive your electronic or phone payment. All payments by check or money order accGmpâñ|âd by a
payment coupon and received at this payment address will be credited to your Account on the day of receipt if received by 5:00 p.m. CT on
Mailed payments that do not include the payment coupon and/or are mailed to a different address will be processed within
any banking day.
5 banking days of receipt and credited to your Account on the day of receipt. In addition, if you mail your payment without a payment coupon
or to an incorrect address, it may result in a delayed credit to your Account, additional
INTEREST CHARGES, fees, and possible suspension
Intemet and telephone payment options are available, and crediting times vary (but generally must be made before 5:00 p.m.
of your Account.
on what day and how the payment is made).
CT to 8 p.m. CT depending If you are making an intemet or telephone
payment, please contact
Cardmamber Service for times specific to your Account and your payment option.
Banking days are all calendar days except Saturday,
Sunday and federal holidays.
Payments due on a Saturday, Sunday or federal holiday and received on those days will be credited on the day
of receipt. There is no prepayment
penalty if you pay your balance at any time prior to your payment due date.
3. Credit
Reporting:We may report information on your Account to Credit Bureaus. Late payments, missed payments or other defaults on
your Accountmay be in
reflected yourcredit report.
FILED: PUTNAM COUNTY CLERK 02/17/2022 01:04 PM INDEX NO. 501240/2021
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 02/17/2022
TOMPIqNSsts
September 2020 SMeme-,t 08/22/2020 - 09/21/2020 Page 2 of4
NIARIA L SAWICKI Cards:=ber Service 1-800-558-3424
(
Rewards Center Activityas of 09/20/2020
Activity*
Rewards Center O
Rewards Center Balance 1,847
*This item includes points redssmsd, expired and edjusted.
This Year
Rewards Earned Statement to Date
Points Eamed on Net Purchases O 2,152
25% Monthly Bonus 0 538
Total Earned 0 2,690
No pointswillbe awarded untilyou bring your account current.
Paying interest:You have a 24 to 30 day interest-freeperiod for Purchases provided you have paid your
previous balance in full
by the Payment Due Date shown on your monthly Account statement. Inorder to
avoid additional INTEREST CHARGES on Purchases, you must pay your new balance infullby the
Payment Due Date shown on thefront ofyour monthly Account statement.
There isno interest-freeperiod for transacticnsthat post to theAccount as Advances or Balance Transfers
except as provided in any Offer Materials. Those transactions are subject tointerestfrom the date they post
to theAccount until
the date they are paid in full.
If youbelieve we have inaccurately reported informationto any Consumer Reporting Agency, you may
submit a dispute by writingto us.in order forus to assistyou with your dispute, you must provide your
name, address, phone number, account number, the specific information you are disputing,the explanation
of why it is
incorrect, and any supporting documentation affidavit
(e.g., of thett),
identity to:
if applicable,
Elan Financial Services
Consumer Recovery Department
Attn:CBR Disputes
P.O. Box 108
St Louis, MO 63166-0108
If youhave not made arrangements with us forpaymcat of your past due amount, let'stalkabout your
situation. Please call us at1-800-676-4060.
Speed through checkout while eaming rewards with PayPal. Go tothe Mobile App ormanage your account
online.Link your card to PayPal today.
Account Security is veryimportant toyou and tous. When you use your Card to make a purchase,
particularlyover the phone or online,you may be asked to provide a card securitycode, sometimes called a
CVV. This infa inatiñ is used to help confirm thatit is youusing the Card and thatthe Card isauthentic.
Payments and Other Credits
Post Trans
Date Date Ref # Transaction Description Amount
08/27 08/27 ET PAYMENT THANK YOU $100.00CR
TOTAL THIS PERIOD $100.00CR
Continued on Next Page
FILED: PUTNAM COUNTY CLERK 02/17/2022 01:04 PM INDEX NO. 501240/2021
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 02/17/2022
TOMPIgNS+
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Fees
Post Trans
Date Date Ref tf Transaction Description Amount
08/31 RETURNED PAYMENT FEE $25.00
TOTAL FEES THIS PERIOD $25.00
Interest Char ed
Post
Date Traiisaciioii
Description Amount
09/21 INTEREST CHARGE ON PURCHASES $18.43
TOTAL INTEREST THIS PERIOD $18.43
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TotalFees Charged in 2020 $181.00
TotalInterestCharged in 2020 $111.15
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Your Annual Percentage Rate (APR) is theannual interestrateon your account.
APR for current
and futuretransactions.
Balance Annual Expires
Balance Subjectto Interest Percentage with
c%%%awa
Balance Type By Type Interest
Rate Variabie Charge Rate
BALANCE TRANSFER $0.00 $0.00 YES $0.00 22.99%
PURCHASES $849.03 $841.47 YES $16.43 22.99%
' ADVANCES $0.00 $0.00 YES $0.00 23.99%
"c"
C~n%'.n on Next Page
FILED: PUTNAM COUNTY CLERK 02/17/2022 01:04 PM INDEX NO. 501240/2021
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 02/17/2022
TOMPIQNSnds
Ssptamber 2020 Statsmsñt 08/22/2020 - 09/21/2020 Page 4 of4
MARIA L SAWICKI Cardmember Service 1-800-558-3424
Phone Questions Mail payment coupon Online
witha check
Voice: 1-800-558-3424 Cardmember Service Cardmember Service myeceun ccess.com
TDD: 1-888-352-6455 P.O. Box 6354 P.O. Box 790408
Fax: 1-866-616-1750 Fargo, ND58125-6354 St. Louis, MO
63179-0408
End of Statement
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FILED: PUTNAM COUNTY CLERK 02/17/2022 01:04 PM INDEX NO. 501240/2021
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 02/17/2022
TOMPKINSude
February 2021 Statemsñt Page 1 of3
3en Date: 01/23/2021 Closing Date: 02/22/2021 Account: 5486
sa® Platinum Bonus Rewards Card Cardmsmber Service 1-800-558-3424
(
mARIA L SAWICKI BNK 10 ELN 8 14
NeiMBelsitcine eieM a Activity Summary
Previous Balance + $1,081.78
5 NMW Payments $0.00
Other Credits $0.00
Purchases $0.00
Balance Transfers $0.00
seme ññë EMeieM &ggs Advances $0.00
Other Debits $0.00
Minimum Payment Warning: If you
make onlythe minimum
Fees Charged $0.00
payment each period,you will
pay more in interest
and it will
InterestCharged + $21.12
take you longertopay off yourbalance.For example.
New Balance = $1,102.90
If you make no You will pay off And you will
additional chargesthe balance shown end up paying Past Due $599.00
using this card andon this statement an estimated Minimum Payment Due $661.00
each month you in about... total of...
pay... Credit Line $750.00
$1,175 Available Credit None
Only the minimum 12 months
payment Days inBillingPeriod 31
__
If youwould like
infceaneñ about credit
counseling services, Reward Points
can 86S951-1391.
Eamed This Statement 0
Reward Center Balance 1,847
as of 02/21/2021
For details,see your rewards summary.
..
Notice toNew York Residents: You may contact theNew Yorkstate dsps tmeritof financial
servicesby te|õpheiis
at
(800)342-3736 or visit
its websiteat www.dfs.ny.qovfor free
informationon comparativecreditcard fees
rates, and
interest-free
periods.
Mailpaymentcoupon Pay onlineat Pay by phone
Payment Options: wnha check mysanmta 1-800-558-3424
Please detach and send coupon with check payable to:
Preview
FILED: PUTNAM COUNTY CLERK 02/17/2022 01:04 PM INDEX NO. 501240/2021 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 02/17/2022 AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY ORIGINAL CREDITOR The undersigned, being duly sworn, deposes and says: 1. I am an Agency Specialistof U.S. Bank National Association (as successor-in-interest by merger to U.S. Bank National Association ND), a national banking association, d/b/a Elan Financial Services ("Original Creditor"), and I have personal knowledge of and access to Original Creditor's books and records ("Business electronic to a pool of charged- Records"), including records, relating off can=== credit accounts sold or assigned Original Creditor to Absolute Resolutions by investments, LLC ("Debt Buyer"), on 03/29/2021 (the "Sale"), which included the account ("Account") of the consumer ("Consumer") identified in the exhibits attached hereto and incorporated herein.As partof the Sale, Original Creditor assigned allof itsinterestinthe Account, including the rightto any proceeds from the Accounts, to Debt Buyer, and ittransferred Business Records relating tothe Account to Debt Buyer. A trueand correct copy of the bill of saleor written assignment of the Account is attached as an exhibit to thisaffidavit. 2. In my position, I alsohave personal knowledge of Original Creditor's procedures for creating and maintaining itsBusiness Records, including itsprocedures relating to the sale and assignment of consumer credit accounts. Original Creditor's Business Records were made in theregular course of business and it was theregular course of such business to make the Business Records. The Business Records were made at ornear the time of the events recorded. Based on my knowledge ofOriginal Creditor's Business Records, I have personal knowledge of the factsset forthin this affidavit. 3. Original Creditor and an=mer were parties to a credit agreement ("Agreement"). Cassumer agreed to pay Original Creditor for allgoods, services and cash advances provided pursuant tothe Agreement. The date and theamount of the lastpayment, ifany, made by Consumer areset forth in an exhibit attached hereto and made a part hereof.Consumer defaulted and a demand forpayment was made by Original Creditor. A trueand correctcopy of the Agreement isattached as an exhibit to thisaffidavit. 4. I have personal knowledge of Original Creditor's procedures for and ~~m+ generating mailing statements to customers. Itis theregular practice of Original Creditor's business to provide periodic account statements to itscustomers. Original Creditor provided one or more account statements relating to theConsumer's Account to Consumer on the date(s) and for the amount(s) due set forth in an exhibit attached hereto and made a part hereof. The account statement(s) were mailed to Consumer's last known address or made available on-line if the Consumcz elected to receive statements electronically and Original Creditor's Business Records do not reflect that the statement(s) were returned by the post office or thatthe Consumer objected to them. A true and correct copy of the most recent account statement(s) generated and mailed or made available electronically by Original Creditor isattached as an exhibit to thisaffidavit. 5. At the time of Sale,Consumer owed the amount setforth inthe exhibits attached hereto and made a part hereof, which also set forth the name of the Consumer; the lastfour digitsof the Account number; the date and amount of the charge-off balance; the dateand amount of the lastpayment, if any; the total amounts, if applicable, of any post-charge-off interest and post-charge-off fees and charges; any post-charge-off credits or payments made by or on behalf of the Consumer; and the balance due at the time of the Sale. 1 8.1.18 Elan Approved FILED: PUTNAM COUNTY CLERK 02/17/2022 01:04 PM INDEX NO. 501240/2021 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 02/17/2022 The above statements are trueand correct to the best ofmy personal lacwledge. U.S. Bank National Association d/b/a Elan Financial Services Title:Agency Specialist Subscribed and sworn to before me this day of JUNE, 2021. by Carolyn Surtin as Agency Specialist of U.S. Bank National Association d/b/a Elan Financial Services. (Notary Seal) LESLIETERRELLROBERTS NotaryPublic - Notary Seal St Louis County - State of Missouri Commission Number 18652004 Expires Jan 28, 2022 My Comm!::icr. 2 8.1.18 Elan Approved FILED: PUTNAM COUNTY CLERK 02/17/2022 01:04 PM INDEX NO. 501240/2021 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 02/17/2022 CERTIFICATE OF CONFORMITY The undersigned does hereby certify that he is an attorney at law duly admitted to practice in the State of Missouri; that he is a person duly qualified to make this certificate of conformity pursuant to Section 299-a of the Real Property Law of the State of New York; that the foregoing acknowledgment by Carolyn Surtin named in the foregoing instrument taken before Leslie Terrell Roberts, a notary in the State of Missouri, was taken in the manner prescribed by such laws of the State of Missouri, being the State in which itwas taken; and that itduly conforms with such laws and is in allrespects valid and effective in such state. IN WITNESS WHEREOF, I have hereunto set my signature, this day of JUNE, 2.0.21. David R. Levy Attorney FILED: PUTNAM COUNTY CLERK 02/17/2022 01:04 PM INDEX NO. 501240/2021 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 02/17/2022 EXHIBIT B BILL OF SALE AND ASSIGNMENT OF ASSETS For value received, the undersigned Assignor ("Assisñar") hereby absolutely sells, transfers, assigns, sets-over, quitclaims and conveys to Absolute Resolutions Investments, 11C, a limited liability company organized under the laws of Arizona ("Assignee"), all of Assignor's right, title and interest in and to each of the assets identified in the Asset Schedule ("Asset Schedule") attached hereto as Exhibit A (the "Assets"), identified in a file named 762_usb-sale_20210320, together with the right to collect allprincipal, interest or other proceeds of any kind with respect to the Assets remaining due and owing as of the date hereof (including but not limited to proceeds derived from the conversion, voluntary or involuntary, of any of the Assets into cash or other liquidated property, including, without limitation, insurance proceeds and condemnation awards), from and afterthe date of this Bill of Sale and Assignment of Assets. DATED: MARCH 29, 2021 Lot Number Account Troe Number of Assets Balance 762 ASSIGNEE: By: Name (print):Laura R Jensen Title: Chief Acquisiucñs Officer ASSIGNOR: U.S. Bank National Association, as creditissuer operating under U.S. Bank, Elan Financial Services, and ACG Card Services By: Name: Jil Clement Title: Sr Vice esident . By: Name: Jason Wilkerson Title: Vice President - Collections Manager 1|P a g e FILED: PUTNAM COUNTY CLERK 02/17/2022 01:04 PM INDEX NO. 501240/2021 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 02/17/2022 TOMPIGNSals September 2020 Statement Page 1 of4 Open Date: 08/22/2020 Closing Date:09/21/2020 Account: 5486 Visa® P!atinum Bonus Rewards Card Cardmamber Service 1-800-558-3424 ( MARIA L SAWICKI BNK 10 ELN 78 14 NeWEalHefeeSEEEE 223:325 2255EW2 Activity Summary M Previous Balance + $907.60 â 5 NG Payments - $100.00ca M Other Credits $0.00 chases $0.00 W ede Balance Transfers $0.00 en as en Advances $0.00 Other Debits $0.00 Minimum Payment Warning: If you make onlythe minimum Fees Charged + $25.00 payment each period,you will pay more in nterestand it will InterestCharged + $16.43 take you longertopay off yourbalance.For example: New Balance = $849.03 If you make no You will pay off And you will additional chargesthe balance shown end up paying Past Due $147.00 using this card andon this statamar.t an estimated Minimum Payment Due $204.00 each month you in about... total of... pay... Credit Line $750.00 Available Credit None Only the minimum 17 months $971 payment Days inBillingPeriod 31 I If youwould like iñfermationabout credit counselingservices, Reward Points call 866-951-1391. Eamed This Statement 0 Reward Center Balance 1,847 as of 09/20/2020 For details,see your rewards summary. Notice to New York Resida;-.';: You may contact theNew York statedepardñêñt of financial servicesby tsisphonsat (800)342-3736 its website or visit at www.dfs.ny.qovfor free infairñãuonon compere+ivecreditcard fees rates, and interest-free periods. Mailpaymentcoupon Pay onlineat Pay by phone Payment Options: wth a check myaccomnacarsso×n 1-800-558-3424 Please detach and send coupon with check payable to: Ce±Service TOMPIqNSnds Account Number 5486 Payment Due Date 10/19/2020 C24-Hour Cardmember Service:1-800-558-3424 New Balance $849.03 Ast-r payment Due $204.00 . tochange your address Amount Ene'cosd $ 000049645 01 SP 0006389955662 P Y Cardmember Service S IC Box P.O. 790408 BREWSTER NY 10509-4124 St. Louis, MO 63179-0408 _i-n...-seenna s__n •u= In •••• n • in..m..n • nine• ¯ n • n nts..aurn.m __n..n-s_ G5-B555553555 sensum¯--I-En--n-n--B-5555 __ . RB¯n'955 -IEEESER55E I B-IIE It --Ilill's upst B-9 - -5-B3BI-- 9 FILED: PUTNAM COUNTY CLERK 02/17/2022 01:04 PM INDEX NO. 501240/2021 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 02/17/2022 What To Do If You Think You On Your Statement Find A Mistake If you think there is an error on your statement, please call us at the telephone number on the front of this statement, or write to us at: Cardmember Service, P.O. Box 6335, Fargo, ND 58125-6335. In your letter or call, give us the following information: Account information: Your name and account number. Dollar amount: The dollar amount of the suspected enor. Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement While we investigate whether or not there has been an error, the following are true: We cannot try to collect the amount in question, or report you as delinquent on that amount. The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, If we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. Þ While you do not have to pay the amount in question, you are responsible for the remainder of your balance. We can apply any unpaid amount against your credit limit. Your RightsIf You Are Dissatisfied With YourCreditCard Purchases If you are diacatiafiad with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still d±tb±:d with the purchase, contact us in writing at: Cardmember Service, P.O. Box While we investigate, the sarne rules apply to the disputed amount as discussed above. After we finish our 6335, Fargo, ND 58125-6335. we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. investigation, ImportantInfonaetionRegarding Your Account 1. INTEREST CHARGE: Method of Computing Balance Subject to Interest Rate: We calculate the periodic rate or interest portion of the INTEREST CHARGE by mü|tiply|ng the applicable Daily Periodic Rate ("DPR") by the Average Daily Balance ("ADB") (including new of the Purchase, Advance and Balance Transfer categories subject to interest, and then adding together the resulting interest transactions) from each category. We determine the ADB separately for the Purchases, Advances and Balance Transfer categories. To get the ADB in each category, we add together the daily balances In those categories for the biliIng cycle and divide the result by the number of days in the the daily balances each day by taking the beginning balance of those Account categories (including any billed but billing cycle. We determine unpaid interest, fees, credit insurance and other charges), adding any new interest, fees, and charges, and subtracting any payments or credits applied against your Account balances that day. We add a Purchase, Advance or Balance Transfer to the appropriate balances for those categories on the later of the transaction date or the first day of the statement period. Billed but unpaid interest on Purchases, Advances is added to the appropriate and Balance Transfers balances for those categories each month on the statement date. Billed but unpaid Fees are added to the Advance balance of your Account on the date they are charged to your Account. Any billed but Advance Transaction credit insurance charges, and other charges are added to the Purchase balance of the Account on the date they unpaid fees on Purchases, Billed but unpaid fees on Balance Transfers are charged to the Account. are added to the Balance Transfer balance of the Account on the date they are charged to the Account. In other words, billed and unpaid interest, fees, and charges will be included in the ADB of your Account that accrues interest and will reduce the amount of credit available to you. To the extent credit insurance charges, overflmit fees, AnnualFees, and/or Travel Membership Fees may be applied to your Account, such charges and/or fees are not included in the ADB for Purchâ5âa until the first day of the billing cycle following the date the credit insurance charges, overlimit fees, Annual Fees calculation and/or Travel Membership Prior statement balances subject to an interest-free Fees (as applicable) are charged to the Account. period that have been paid on or before the payment due date in the current billing cycle are not included in the ADB calculation. 2. Payment Information: You must pay us in U.S. Dollars with checks or similar payment instruments drawn on a financial institution located We will also accept payment in U.S. Dollars via the Intemet or phone or previously established automatic payment in the United States. teneedien. We may, at our option, choose to accept a payment drawn on a foreign linancial institution. However, you will be charged and The date you mail a payment is different than the date we agree to pay any collection fees required in connection with such a tranaaction. receive that payment. Carrimambar The payment date is the day we receive your check or money order at Service, P.O. Box 790408, St. Louis, MO 63179-0408or the day we receive your electronic or phone payment. All payments by check or money order accGmpâñ|âd by a payment coupon and received at this payment address will be credited to your Account on the day of receipt if received by 5:00 p.m. CT on Mailed payments that do not include the payment coupon and/or are mailed to a different address will be processed within any banking day. 5 banking days of receipt and credited to your Account on the day of receipt. In addition, if you mail your payment without a payment coupon or to an incorrect address, it may result in a delayed credit to your Account, additional INTEREST CHARGES, fees, and possible suspension Intemet and telephone payment options are available, and crediting times vary (but generally must be made before 5:00 p.m. of your Account. on what day and how the payment is made). CT to 8 p.m. CT depending If you are making an intemet or telephone payment, please contact Cardmamber Service for times specific to your Account and your payment option. Banking days are all calendar days except Saturday, Sunday and federal holidays. Payments due on a Saturday, Sunday or federal holiday and received on those days will be credited on the day of receipt. There is no prepayment penalty if you pay your balance at any time prior to your payment due date. 3. Credit Reporting:We may report information on your Account to Credit Bureaus. Late payments, missed payments or other defaults on your Accountmay be in reflected yourcredit report. FILED: PUTNAM COUNTY CLERK 02/17/2022 01:04 PM INDEX NO. 501240/2021 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 02/17/2022 TOMPIqNSsts September 2020 SMeme-,t 08/22/2020 - 09/21/2020 Page 2 of4 NIARIA L SAWICKI Cards:=ber Service 1-800-558-3424 ( Rewards Center Activityas of 09/20/2020 Activity* Rewards Center O Rewards Center Balance 1,847 *This item includes points redssmsd, expired and edjusted. This Year Rewards Earned Statement to Date Points Eamed on Net Purchases O 2,152 25% Monthly Bonus 0 538 Total Earned 0 2,690 No pointswillbe awarded untilyou bring your account current. Paying interest:You have a 24 to 30 day interest-freeperiod for Purchases provided you have paid your previous balance in full by the Payment Due Date shown on your monthly Account statement. Inorder to avoid additional INTEREST CHARGES on Purchases, you must pay your new balance infullby the Payment Due Date shown on thefront ofyour monthly Account statement. There isno interest-freeperiod for transacticnsthat post to theAccount as Advances or Balance Transfers except as provided in any Offer Materials. Those transactions are subject tointerestfrom the date they post to theAccount until the date they are paid in full. If youbelieve we have inaccurately reported informationto any Consumer Reporting Agency, you may submit a dispute by writingto us.in order forus to assistyou with your dispute, you must provide your name, address, phone number, account number, the specific information you are disputing,the explanation of why it is incorrect, and any supporting documentation affidavit (e.g., of thett), identity to: if applicable, Elan Financial Services Consumer Recovery Department Attn:CBR Disputes P.O. Box 108 St Louis, MO 63166-0108 If youhave not made arrangements with us forpaymcat of your past due amount, let'stalkabout your situation. Please call us at1-800-676-4060. Speed through checkout while eaming rewards with PayPal. Go tothe Mobile App ormanage your account online.Link your card to PayPal today. Account Security is veryimportant toyou and tous. When you use your Card to make a purchase, particularlyover the phone or online,you may be asked to provide a card securitycode, sometimes called a CVV. This infa inatiñ is used to help confirm thatit is youusing the Card and thatthe Card isauthentic. Payments and Other Credits Post Trans Date Date Ref # Transaction Description Amount 08/27 08/27 ET PAYMENT THANK YOU $100.00CR TOTAL THIS PERIOD $100.00CR Continued on Next Page FILED: PUTNAM COUNTY CLERK 02/17/2022 01:04 PM INDEX NO. 501240/2021 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 02/17/2022 TOMPIgNS+ ;— =—:=-'=:— %%+er2020 St=='--"=".".t08/22/2020 - OS/21/2020 Page3of4 MARIA L SAWICKI Cardlnember Service 1-800-558-3424 ( ~~~%a%%%%%%'.~%%iaaeh%hl" A&%'et%%%P~%%A&M& ~i% ~.%%%.~ %%~.~~'%%%i%'nt~~~m%L %.~ei%%~@%%%%%%% II%B%%80igl9$ " " ~ '~~ c ~ ~ %aa~m %Xi%%i%% ~%%iM%~,i%%i%%i%%@i%%isrji%%%%i%-"~%TCi+Sg%i%%%!i%%I%%!C R ~m~o ma%~' ~~@%%!%%i~~!%% ~ W~SI!i%%I%%%%@a~~alwlaill~%i%%i%%i%,'%%I%%is%~. ~ BIB%:Z~ %%%r%~@VS Fees Post Trans Date Date Ref tf Transaction Description Amount 08/31 RETURNED PAYMENT FEE $25.00 TOTAL FEES THIS PERIOD $25.00 Interest Char ed Post Date Traiisaciioii Description Amount 09/21 INTEREST CHARGE ON PURCHASES $18.43 TOTAL INTEREST THIS PERIOD $18.43 g '' 'I% '+Z1 si.h% 4'" ' ' %M % A:ILh%% %a~I' WW4 RK&e%&% ~B %r'«I TotalFees Charged in 2020 $181.00 TotalInterestCharged in 2020 $111.15 !i%%%I+i%%Pii%%'e ~f:"...="-",:"" ".'-"~i%%%i%Bia@IB@%@'%i%%%rie@B@~itt%yat,l hÃ%,%%%%%%%% I . @. /%%MBA%la@1% i%%Be@Ialk Your Annual Percentage Rate (APR) is theannual interestrateon your account. APR for current and futuretransactions. Balance Annual Expires Balance Subjectto Interest Percentage with c%%%awa Balance Type By Type Interest Rate Variabie Charge Rate BALANCE TRANSFER $0.00 $0.00 YES $0.00 22.99% PURCHASES $849.03 $841.47 YES $16.43 22.99% ' ADVANCES $0.00 $0.00 YES $0.00 23.99% "c" C~n%'.n on Next Page FILED: PUTNAM COUNTY CLERK 02/17/2022 01:04 PM INDEX NO. 501240/2021 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 02/17/2022 TOMPIQNSnds Ssptamber 2020 Statsmsñt 08/22/2020 - 09/21/2020 Page 4 of4 MARIA L SAWICKI Cardmember Service 1-800-558-3424 Phone Questions Mail payment coupon Online witha check Voice: 1-800-558-3424 Cardmember Service Cardmember Service myeceun ccess.com TDD: 1-888-352-6455 P.O. Box 6354 P.O. Box 790408 Fax: 1-866-616-1750 Fargo, ND58125-6354 St. Louis, MO 63179-0408 End of Statement PayPal Link your credit card to PayPal today!!! Earn rewards while you shop the millions of sites that accept PayPal. Experience faster checkouts, added security and convenience. It's all there for you when you link your card to PayPal. Link your card in the Mobile App or online today. b"Îne ts". "eÈaråraªre°Ÿa"sªed o p p as s nu a r u ns)o actl e elÎgÎb t ea rds e yoÏr C remberAgreementfor details. FILED: PUTNAM COUNTY CLERK 02/17/2022 01:04 PM INDEX NO. 501240/2021 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 02/17/2022 TOMPKINSude February 2021 Statemsñt Page 1 of3 3en Date: 01/23/2021 Closing Date: 02/22/2021 Account: 5486 sa® Platinum Bonus Rewards Card Cardmsmber Service 1-800-558-3424 ( mARIA L SAWICKI BNK 10 ELN 8 14 NeiMBelsitcine eieM a Activity Summary Previous Balance + $1,081.78 5 NMW Payments $0.00 Other Credits $0.00 Purchases $0.00 Balance Transfers $0.00 seme ññë EMeieM &ggs Advances $0.00 Other Debits $0.00 Minimum Payment Warning: If you make onlythe minimum Fees Charged $0.00 payment each period,you will pay more in interest and it will InterestCharged + $21.12 take you longertopay off yourbalance.For example. New Balance = $1,102.90 If you make no You will pay off And you will additional chargesthe balance shown end up paying Past Due $599.00 using this card andon this statement an estimated Minimum Payment Due $661.00 each month you in about... total of... pay... Credit Line $750.00 $1,175 Available Credit None Only the minimum 12 months payment Days inBillingPeriod 31 __ If youwould like infceaneñ about credit counseling services, Reward Points can 86S951-1391. Eamed This Statement 0 Reward Center Balance 1,847 as of 02/21/2021 For details,see your rewards summary. .. Notice toNew York Residents: You may contact theNew Yorkstate dsps tmeritof financial servicesby te|õpheiis at (800)342-3736 or visit its websiteat www.dfs.ny.qovfor free informationon comparativecreditcard fees rates, and interest-free periods. Mailpaymentcoupon Pay onlineat Pay by phone Payment Options: wnha check mysanmta 1-800-558-3424 Please detach and send coupon with check payable to: