Preview
FILED: GENESEE COUNTY CLERK 08/26/2022 11:25 AM INDEX NO. E69866
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/26/2022
AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY ORIGINAL CREDIIOR
(Debt Buver Actions)
1he undersigned,beingdulysworn, deposes and says:
1. I am an employee ofCreditOne Bank,NA ('Credit
One Bank") and an authorized
representatinof its affiliates,
as
describedin the SupplementalAffidavit
attachedhereto(collectiwly,Œriginal and I haw
Creditor'), personalknowledge of
and access to Original
Creditor'sbooks and records("BusinessRecords'), electronicrecords, to a pool
of
including relating
charged-offconsumer creditaccounts soldor assigned Creditorto Sherman OriginatorHI LIf
by Original ("DebtBuyer'),
on 06/16/2020 (the which
"Sale'), includedthe account("Account')of the consumer('Consumer") as identified
in the
exhibitsattached
hereto and incorporatedherein.
As part ofthe Sale, Original
Creditorassignedallofits imerest
in the
Accounts, the right
including to any proceeds
from the Accounts,to DebtBuyer, and it transferred
Business Records
to the Accounts
relating to Debt Buyer.A trueand correct of the bill
ofsale or written
assignmentof the Account is
copy
attachedas an exhibit
tothisaffidavit.
2. In my position,
I alsohaw personal knowledge ofOriginalCreditor'sproceduresfor and maintainingits
creating
Business Records,includingitsprocedures to the sale and assignment
relating ofconsumer creditaccounts.Original
Creditor'sBusinessRecords were made in the regular
course of business
and it was the regular
courseof such business
to
make the BusinessRecords. The BusinessRecords were made at or near the time
of the ewntsrecorded Based on my
knowledge ofOriginal Creditor's
Business Records, I hanpersonalknowledge of the facts
set forth
in this
affidavit.
3. CreditOne Bank and Consumer were partiesto a credit
agreement ("Agreement').Consumer agreedto pay Credit
One
Bank forall goods,
services and cash advances provided
pursuantto the Agreement.The date and the amount
of the last
payment, if any, made by Consumerare set forth
in an exhibit
attachedheretoand made a part hereof.
Consumer defaulted
and a demandforpaymem was made by CreditOne Bank. A trueand correct
copy ofa document provided to Consumer
evidencingthe Agreement is attached
as an exhibit
to this affidavit.
4. At the timeofSale, Consumer owed the amous set forthin
the exhibits
attachedheretoand made a part hereof,
which
also set forth
the name of the Consumer;the last
four of the Account
digits number;the date and amotmtofthe charge-off
balance;the date and amousof the last payment,
ifany; the total
amounts, if applicable,
ofany post-charge-offinterest
and
post-chargeofffeesand charges;any post-charge-off
creditsor paymentsmade by or on behalf
of the Consumer;and the
balancedue at the time
of the Sale. The abow
statementsare true to the best of
and correct my personalknowledge.
Employe Bank,NA
Dated
ACKNOWERDGME1VT OF RIGNA1URE BY LICENSED NOTARY
STATE OF NEVADA )
)ss.
COUN1Y OF CLARK )
Thisinstrumentwas acknowledged beforeme on the day of , 204'by ,
Employee of CreditOne Bank,N.A.
Public
IIIll Ilillgill|IllIllIAlllIlil Ilill I
693942344
Page: 1 of 7
NNIFER HUI
.VP HOTARY PUBUC
ATE OF NEVADA
Ap,pt No16-2415-1
1 of 20
FILED: GENESEE COUNTY CLERK 08/26/2022 11:25 AM INDEX NO. E69866
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/26/2022
CERTIFICATE OF CONFORMITY
STATE OF NV
CITY OF LAS VEGAS
The undersigned does hereby certifythat he/sheis an attorneyat lawduly admitted topractice inthe Stateof NV
and is a resident
of Las Vegas, inthe Stateof Nevada; thathe/she is a personduly qualifiedto make this certificate
of conformity pursuant to thelaws of the StateofNV; thatthe foregoing acknowledgment by David Ryan named in
the foregoing instrument taken beforeJennifer Hui notary inthe Stateof NV was taken inthe manner prescribed by
such laws of theState ofNV, being the Statein which it wastaken; and thatit dulyconforms with such laws and is
in all
respects validand effectiveinsuch state.
July 08,2022 (A AAAA9.
Date J K. Combs
Nevada StateBar # 13088
Credit One Bank, N.A.
6801S. Cimmaron Rd
Las Vegas, NV 89113
2 of 20
FILED: GENESEE COUNTY CLERK 08/26/2022 11:25 AM INDEX NO. E69866
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/26/2022
SUPPLEMENTAL AliMDAVIT OF FACIS AND SALE OF ACCOUNT BY ORIGINAL
CREDITOR
(Debt Buyer Actions)
State of:
Newda
of·Clark
County
Account Holder. Ryan Edwards
SocialSecurityNo: XXX-XX-9135
OriginalOeditor Account No: XXXXXXXXXXXX8696
, being
duly sworn,deposes and says:
1. I am owr 18 and nota party
to thisaction.
I am an employeeof Oedit One Bank, N.A.(Œedit One").In that capacity,
I
haw access to certain
businessrecords ofCredit One. I am aware of
the process
of the sale and assignment
of
stored
electronically business recordsof Dedit One.
2. I am an authorized
representatiw ofFNBM, LLC ("FNBM"), and an authorized
representatiwof MHC Receivables,LLC
("MHC") and haw been duly authorizedby both and representations
to make the statements
entities included affidavit.
in this
Šbe statementsset forth
herein are true based on either
and correct, personalknowledge or reviewof the businessrecords,
or both,ofone or more ofCredit One,MHC, or FNBM.
3. Oedit consumer
One originates creditcardaccounts ("Accounts") to all amounts
and is emitted due undersuch Accounts
from
("Receivables") the timethe Receivableis created
untilsuch rights
are sold At all
or transferred. timesthat Credit
One,
or MHC, orFNBM owns any Account orReceiwble, CreditOne such
services Accounts and Receiwbles whether in its own
or as an agent of
right, MHC or ofFNBM. Such servicing
includesmaintainingand recordinginformationrelatedto the
origination, transaction
servicing, and ownership
history, of such accountsand Receivables("BusinessRecords")whether
such BusinessRecords relatetoCredit One, to MHC, or to FNBM. It is in the regular
course ofbusinessof CreditOne for
an employee or representatiwwithpersonalknowledge of the act, ewnt, or opinion
condition, recorded in
to be recorded
the BusinessRecords to:(i)make memorandurn or records; to transmit
or (ii) informationthereof in such
to be included
memorandum or records; that
and (iii) the recordsbe made at or near the time
of the act and/or
ewnt recordedor reasonably
soon thereaAer.
4. As an authorized of
representative MHC, and ofFNBM, my dutiesincludehaving knowledgeof, and accessto, business
recordsrelatingto the Accountsand Receivablesowned by MHC and FNBM, respectively.
These records includeBusiness
Records receiwd from CreditOne, records
as the business of Oedit and maintained
One, and incorporated by MHC and by
FNBM records
as the business of MHC and FNBM, respectiwly.
5. Such BusinessRecords includethose maintained of Credit
by or on behalf One, ofMHC and ofFNBM in the ordinary
courseof with
its business regard tothe sale and assignment
of Oedit One, of MHC, and of FNBM's Accounts and
Receivables.
6. From timeto time,Oedit One certain
transfers BusinessRecords to MHC and to FNBM related
to the Accountsand
Receivablesservicedby Oedit One. These Business Recordsare transmitted
to FNBM and to MHC in the normal
course of
Oedit One's business.Both FNBM and MHC acceptthese BusinessRecords as the business
records ofOedit One and
incorporatedtheseBusiness Records intotheirown.
7. For such Business
Records, it was in the regular
course ofMHC and FNBM's businessforan employee or representatiw
withpersonalknowledge ofthe act, ewnt,
condition,or opinionrecordedto:(i)make memorandurn or or
records; to
(ii)
transmitinformationthereofto be includedin such memorandum or records;and (iii) be made
that the records at or near the
time ofthe act and/or
ewnt recorded orreasonably soon thereaAer.
Page:3 of 7
3 of 20
FILED: GENESEE COUNTY CLERK 08/26/2022 11:25 AM INDEX NO. E69866
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/26/2022
. .
8. The BusinessRecords indicatethat account
UO00000000(X8696 (the "Account")was openedby CreditOne on
03/28/2012 (the'OriginationDate")in the name ofRyan Edwards witha SocialSecurityNumber with the last four
digits
endingin 9135 (the'Consumer").
9. Under the termsand conditions
of the Account,the Consumer agreed to pay Credit
One forallgoods,services,and cash
advances providedpursuantthe termsand conditionsofthe Account.As shown in the Business
Records, the Consumer
failedto make all
the paymentsas requiredby the termsand conditions
of Under
the Account. the termsand conditions
of
the Accountreferenced by the Business
Records, the full
balanceunder the Accountwas chargedoff on 05/03/2020 witha
balanceimmediately due and owingof 52,736.16.
10. On orabout 06/16/2020 (the'SaleDate"),MHC and FNBM, as applicable,
solda poolof charged-ofTaccountsand their
associatedreceivablestoSherman Originmor E LLC ('DebtBuyer").1he Accountwas included withinthe poolsoldto
Debt Buyer on the Sale Date.
1 am notaware ofany errors
in the Business
Records, accountdocuments, or any other
document evidencing the ownershipand status
of the Account.
11. Forthe periodfrom the Origination
Date to the Sale Date, Credit
One, in the regular
course of caused periodic
business,
statements
billing to be deliwredeach month to the Consumer,unlesssuch statementswere not requiredby law. Such
statementswere a trueand accurate
reflectionofthe BusinessRecords and were sent cach monthfrom the date the Account
was opened until
the Sale Date(otherthan whereno statementmay have been requiredby law).
12. The BusinessRecords of CreditOne indicate
that as of
the date the Account
was sold,
therewas due and payableon the
Account of $2,736.16.The records indicatethat there
wereno uncreditedpayments againstsuch amount at the time
ofsale.
I3.The Business Records ofCredit One indicatethat the last payment
receiwd on the Accountpriorto the Sale Date was
postedto the Accounton 09/28/2019 in the amount
of $215.34.The unpaid balancedoesnot includeany interest
or feesof
any kindaccruedor otherwiseto the Customer after
the Charge-offDate.
14. Pursuantto the sale, both
MHC and FNBM, as applicable,
sold,transferred,
assigned,conwyed, granted, set owr
bargained,
and deliwred to DebtBuyer and its
successors and assigns, good
and marketabletitle
to the Accountand all
associated
unpaidReceivables freeand clearofany encumbrance, lien,
pledge,charge,claim orsecurityinterest.
15. In connection
with the sale of
the Account,BusinessRecords, includingbut not
limitedto electroniccopiesofbilling
statements,weretransferredto orotherwise made available
tothe Debt Buyer (the Records").
"Transferred The Transferred
Records were keptby CreditOne, MHC, and/or FNBM in the regular
course ofbusiness,and it was in the regular
course of
businessforan employee or representatiwwith personalknowledge ofthe act, ewnt,
condition,or opinionrecorded: (i)
make memorandum or records;or(ii)totransmitinformationthereof in such memormium
to be included or records;and
that the records
(iii) be made at or near the time
ofthe act and/or
event recorded
or reasonablysoon thereafter.
To the
extentthat the liansferred
Records includerecords that werepreparedby a third
party,
includingbut notlimitedto any
creditcard association,
they are recordsthat were
incorporatedintothe recordsofCredit One,MHC, and/orFNBM as a
businessrecord and the accuracy
of suchrecords are relied
upon by Credit
One, MHC, and/orFNBM in the regular
course
of business.
The relevantBusinessRecords pertainingto the Accountdescribedaboutis herebyattachedand made a part
hereof.
The remainder of left
the page is intentionallyblank.
Pagp: 4 of 7
4 of 20
FILED: GENESEE COUNTY CLERK 08/26/2022 11:25 AM INDEX NO. E69866
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/26/2022
16. The abow statementsare true
to the best
of my knowledge.
FUR1HBt SAYEIH NOT.
Signed this day of , 20
Fmployee o NA
AuthorizedRepesentatiw of MHC Receivables,LLC
AuthorizedRepresentatiw of FNBM, LLC
ACKNOWLEDGMENT OF ECNA1URE BY LICENSED NOTARY
STA1E OF NEVADA )
)ss.
COUNTY OF CLARK )
David Ryan
This instrumentwas ac1mowledged beforeme on the day of r, . 20h ,
Authorized Representatinof FNBM, LIf, AuthorizedReprese e MHC Receivables,LLC, and Employee of Credit
One Banic, NA
Public
JENNiFER HUI
9
NOTARY PUBUC
STATE OF NEVADA
Appt. No. 16-2415-1
) Appt. Expiron Mar. 02, 2024
Page:5 af 7
5 of 20
FILED: GENESEE COUNTY CLERK 08/26/2022 11:25 AM INDEX NO. E69866
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/26/2022
CERTIFICATE OF CONFORMITY
STATE OF NV
CITY OF LAS VEGAS
The undersigned does hereby certifythathe/she is an attorneyat lawduly admitted to practiceinthe Stateof NV
and of
is a resident Las Vegas, inthe Stateof Nevada; that he/sheis a personduly qualifiedto make thiscertificate
of conformity pursuant to thelaws of theState of NV; that theforegoing acknowledgment by David Ryan named in
the foregoing instrument taken beforeJennifer Hui notary inthe Stateof NV was taken in themanner prescribed by
such laws of theState of NV. being the Statein which itwas taken; and thatit dulyconforms with such laws and is
inallrespects validand effectiveinsuch state.
July 08,2022 (1AAAA R.
Date Ja K. Combs
Nevada StateBar # 13088
Credit One Bank, N.A.
6801 S. Cimmaron Rd
Las Vegas, NV 89113
6 of 20
FILED: GENESEE COUNTY CLERK 08/26/2022 11:25 AM INDEX NO. E69866
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/26/2022
OriginalOeditor SellerData Sheet
Orig.Oeditor Acet Number: UC000000000C8696
Orig.CreditorCross RefNumber: 16501136
Account Open Date: 03/28/2012
Charge-offAmount: $2,736.16
Charge-offDate: 05/03/2020
Consumer Lastfourdigitsof SSN: XXX-XX-9135
Consumer First
Name: Ryan
Consumer MiddleName:
Consumer LastName: Edwards
Constuner Suffix:
Consumer Residence Addrs 1: 7751 Walker Rd
Consumer Residence Addrs 2:
Consumer City: la Roy
Consumer State: NY
Consumer ZipCode: 14482
Post-Charge-offInterest:
Post-Charge-offFees: $0.00
Post-Charge-offOedits or Payments Made: 50.00
LastPayment Amount: $215.34
I.ast PaymentDate: 09/28/2019
Balance Due at time
of Sale: $2,736.16
Page: 7 of 7
7 of 20
FILED: GENESEE COUNTY CLERK 08/26/2022 11:25 AM INDEX NO. E69866
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/26/2022
. "
BILL OF SALE AND ASSIGNMENT OF ACCOUNTS
FROM CREDIT ONE BANK. N.A.TO MHC RECEIVABLES. LLC
As of May 31. 2020, forgood and valuable the receipt
consideration, and sufficiencyofwhich is hereby
acknowledged, CreditOne Bank, N.A- ("Assignor")has transferred,
has sold, has assigned,
has conveyed,has granted
and has otherwisedeliveredto MHC Assignor'
LLC
Receivables, ("Assignee"),all of s right,
title
and interest
in and
to (i) the charged-off credit card accounts identifiedon an account level basis in the data filenamed
CreditOne_Fresh-Sherman-062020 (the"Computer a copy
File"), of which is attached
heretoand incorporated
herein by reference
as "ExhibitA", certain
and, (ii) relatedaccountlevelmedia or electronic
copiesthereof(including.
hut not limited
to applications, terms and condition),
statements, and (ui)all claims
or rights out ofor relating
arising
to eachaccount referencedon the ComputerFile the "Accounts")
hereinafter, hut not limited
(collectively including.
to, all claims
and rights
afforded each Accountby virtue
of that Account's terms and conditions.
corresponding
The Accounts transferredunder the termsof thisBillof Sale and Assignment of Accounts were each
to Assignee
transferred immediately followingcharge off
for each applicable as shown in the Computer
Account, File.
With respectto information
forthe Accounts,Assignorrepresents to Assignee
and warrants that the business
recordsconveyed to Assigneerelatingto:(i)the Accountsissued Assignor;and (ii)
the sale and assignmentof
by
Accounts by Assignor the "Business
(collectively. am kept by Assignor
Records"), in the regular
course of its business.
Itis intheregular course ofbusiness ofAssignor foran employcc or an authorizedrepresentative
with personal
knowledge of the act,event,condition.oropinion "Event")
(collectively to be recorded,tomake theappropriate
memorandum or recording
of the Eventat or reasonably
neu the tmieof the Event.
Furthermore,Assignorrepresents
and warrantsto Assigneethat the Business
Records are materiall y complete
and accurate,
and thoroughlyembody the
informationin Assignor's custody and controlforthe Accounts from theircreationuntilthetime of transferto
Assignce. These representations
and warranties
are intended
to augment any other
representations
arul warrantics
the
parties
may have in placeand not supplant
any other existing
warranties
and representations.
This Billof Sale and Assignment ofAccounts shallserveas evidence of for theAccounb
ownership
1 conveyed herebyand shallserve as an acknowledgment,as ratification,
and as evidence
of the intent
ofthe parties
to
transfer
the Accounts.
CRF IT ONE BANK, N.A.
ary H
Vice President
8 of 20
FILED: GENESEE COUNTY CLERK 08/26/2022 11:25 AM INDEX NO. E69866
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/26/2022
EXHIDIT A
ACCOUNT SCHEDULE
The Accounts thatare specifically
identified
in the electronic
Ale named CreditOne_Fresh-Sherman-062020 with
such electronic
file
incorporatedberein by refereruce,
9 of 20
FILED: GENESEE COUNTY CLERK 08/26/2022 11:25 AM INDEX NO. E69866
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/26/2022
, .
BILL OF SALE AND ASSIGNMENT OF RECEIVABLES
FROM CREDIT ONE BANK. N.A. TO MHC RECEJVABLES. LLC
-
As of May 31, 2020,for good and valuableconsideration. and
the receip
Preview
FILED: GENESEE COUNTY CLERK 08/26/2022 11:25 AM INDEX NO. E69866 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/26/2022 AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY ORIGINAL CREDIIOR (Debt Buver Actions) 1he undersigned,beingdulysworn, deposes and says: 1. I am an employee ofCreditOne Bank,NA ('Credit One Bank") and an authorized representatinof its affiliates, as describedin the SupplementalAffidavit attachedhereto(collectiwly,Œriginal and I haw Creditor'), personalknowledge of and access to Original Creditor'sbooks and records("BusinessRecords'), electronicrecords, to a pool of including relating charged-offconsumer creditaccounts soldor assigned Creditorto Sherman OriginatorHI LIf by Original ("DebtBuyer'), on 06/16/2020 (the which "Sale'), includedthe account("Account')of the consumer('Consumer") as identified in the exhibitsattached hereto and incorporatedherein. As part ofthe Sale, Original Creditorassignedallofits imerest in the Accounts, the right including to any proceeds from the Accounts,to DebtBuyer, and it transferred Business Records to the Accounts relating to Debt Buyer.A trueand correct of the bill ofsale or written assignmentof the Account is copy attachedas an exhibit tothisaffidavit. 2. In my position, I alsohaw personal knowledge ofOriginalCreditor'sproceduresfor and maintainingits creating Business Records,includingitsprocedures to the sale and assignment relating ofconsumer creditaccounts.Original Creditor'sBusinessRecords were made in the regular course of business and it was the regular courseof such business to make the BusinessRecords. The BusinessRecords were made at or near the time of the ewntsrecorded Based on my knowledge ofOriginal Creditor's Business Records, I hanpersonalknowledge of the facts set forth in this affidavit. 3. CreditOne Bank and Consumer were partiesto a credit agreement ("Agreement').Consumer agreedto pay Credit One Bank forall goods, services and cash advances provided pursuantto the Agreement.The date and the amount of the last payment, if any, made by Consumerare set forth in an exhibit attachedheretoand made a part hereof. Consumer defaulted and a demandforpaymem was made by CreditOne Bank. A trueand correct copy ofa document provided to Consumer evidencingthe Agreement is attached as an exhibit to this affidavit. 4. At the timeofSale, Consumer owed the amous set forthin the exhibits attachedheretoand made a part hereof, which also set forth the name of the Consumer;the last four of the Account digits number;the date and amotmtofthe charge-off balance;the date and amousof the last payment, ifany; the total amounts, if applicable, ofany post-charge-offinterest and post-chargeofffeesand charges;any post-charge-off creditsor paymentsmade by or on behalf of the Consumer;and the balancedue at the time of the Sale. The abow statementsare true to the best of and correct my personalknowledge. Employe Bank,NA Dated ACKNOWERDGME1VT OF RIGNA1URE BY LICENSED NOTARY STATE OF NEVADA ) )ss. COUN1Y OF CLARK ) Thisinstrumentwas acknowledged beforeme on the day of , 204'by , Employee of CreditOne Bank,N.A. Public IIIll Ilillgill|IllIllIAlllIlil Ilill I 693942344 Page: 1 of 7 NNIFER HUI .VP HOTARY PUBUC ATE OF NEVADA Ap,pt No16-2415-1 1 of 20 FILED: GENESEE COUNTY CLERK 08/26/2022 11:25 AM INDEX NO. E69866 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/26/2022 CERTIFICATE OF CONFORMITY STATE OF NV CITY OF LAS VEGAS The undersigned does hereby certifythat he/sheis an attorneyat lawduly admitted topractice inthe Stateof NV and is a resident of Las Vegas, inthe Stateof Nevada; thathe/she is a personduly qualifiedto make this certificate of conformity pursuant to thelaws of the StateofNV; thatthe foregoing acknowledgment by David Ryan named in the foregoing instrument taken beforeJennifer Hui notary inthe Stateof NV was taken inthe manner prescribed by such laws of theState ofNV, being the Statein which it wastaken; and thatit dulyconforms with such laws and is in all respects validand effectiveinsuch state. July 08,2022 (A AAAA9. Date J K. Combs Nevada StateBar # 13088 Credit One Bank, N.A. 6801S. Cimmaron Rd Las Vegas, NV 89113 2 of 20 FILED: GENESEE COUNTY CLERK 08/26/2022 11:25 AM INDEX NO. E69866 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/26/2022 SUPPLEMENTAL AliMDAVIT OF FACIS AND SALE OF ACCOUNT BY ORIGINAL CREDITOR (Debt Buyer Actions) State of: Newda of·Clark County Account Holder. Ryan Edwards SocialSecurityNo: XXX-XX-9135 OriginalOeditor Account No: XXXXXXXXXXXX8696 , being duly sworn,deposes and says: 1. I am owr 18 and nota party to thisaction. I am an employeeof Oedit One Bank, N.A.(Œedit One").In that capacity, I haw access to certain businessrecords ofCredit One. I am aware of the process of the sale and assignment of stored electronically business recordsof Dedit One. 2. I am an authorized representatiw ofFNBM, LLC ("FNBM"), and an authorized representatiwof MHC Receivables,LLC ("MHC") and haw been duly authorizedby both and representations to make the statements entities included affidavit. in this Šbe statementsset forth herein are true based on either and correct, personalknowledge or reviewof the businessrecords, or both,ofone or more ofCredit One,MHC, or FNBM. 3. Oedit consumer One originates creditcardaccounts ("Accounts") to all amounts and is emitted due undersuch Accounts from ("Receivables") the timethe Receivableis created untilsuch rights are sold At all or transferred. timesthat Credit One, or MHC, orFNBM owns any Account orReceiwble, CreditOne such services Accounts and Receiwbles whether in its own or as an agent of right, MHC or ofFNBM. Such servicing includesmaintainingand recordinginformationrelatedto the origination, transaction servicing, and ownership history, of such accountsand Receivables("BusinessRecords")whether such BusinessRecords relatetoCredit One, to MHC, or to FNBM. It is in the regular course ofbusinessof CreditOne for an employee or representatiwwithpersonalknowledge of the act, ewnt, or opinion condition, recorded in to be recorded the BusinessRecords to:(i)make memorandurn or records; to transmit or (ii) informationthereof in such to be included memorandum or records; that and (iii) the recordsbe made at or near the time of the act and/or ewnt recordedor reasonably soon thereaAer. 4. As an authorized of representative MHC, and ofFNBM, my dutiesincludehaving knowledgeof, and accessto, business recordsrelatingto the Accountsand Receivablesowned by MHC and FNBM, respectively. These records includeBusiness Records receiwd from CreditOne, records as the business of Oedit and maintained One, and incorporated by MHC and by FNBM records as the business of MHC and FNBM, respectiwly. 5. Such BusinessRecords includethose maintained of Credit by or on behalf One, ofMHC and ofFNBM in the ordinary courseof with its business regard tothe sale and assignment of Oedit One, of MHC, and of FNBM's Accounts and Receivables. 6. From timeto time,Oedit One certain transfers BusinessRecords to MHC and to FNBM related to the Accountsand Receivablesservicedby Oedit One. These Business Recordsare transmitted to FNBM and to MHC in the normal course of Oedit One's business.Both FNBM and MHC acceptthese BusinessRecords as the business records ofOedit One and incorporatedtheseBusiness Records intotheirown. 7. For such Business Records, it was in the regular course ofMHC and FNBM's businessforan employee or representatiw withpersonalknowledge ofthe act, ewnt, condition,or opinionrecordedto:(i)make memorandurn or or records; to (ii) transmitinformationthereofto be includedin such memorandum or records;and (iii) be made that the records at or near the time ofthe act and/or ewnt recorded orreasonably soon thereaAer. Page:3 of 7 3 of 20 FILED: GENESEE COUNTY CLERK 08/26/2022 11:25 AM INDEX NO. E69866 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/26/2022 . . 8. The BusinessRecords indicatethat account UO00000000(X8696 (the "Account")was openedby CreditOne on 03/28/2012 (the'OriginationDate")in the name ofRyan Edwards witha SocialSecurityNumber with the last four digits endingin 9135 (the'Consumer"). 9. Under the termsand conditions of the Account,the Consumer agreed to pay Credit One forallgoods,services,and cash advances providedpursuantthe termsand conditionsofthe Account.As shown in the Business Records, the Consumer failedto make all the paymentsas requiredby the termsand conditions of Under the Account. the termsand conditions of the Accountreferenced by the Business Records, the full balanceunder the Accountwas chargedoff on 05/03/2020 witha balanceimmediately due and owingof 52,736.16. 10. On orabout 06/16/2020 (the'SaleDate"),MHC and FNBM, as applicable, solda poolof charged-ofTaccountsand their associatedreceivablestoSherman Originmor E LLC ('DebtBuyer").1he Accountwas included withinthe poolsoldto Debt Buyer on the Sale Date. 1 am notaware ofany errors in the Business Records, accountdocuments, or any other document evidencing the ownershipand status of the Account. 11. Forthe periodfrom the Origination Date to the Sale Date, Credit One, in the regular course of caused periodic business, statements billing to be deliwredeach month to the Consumer,unlesssuch statementswere not requiredby law. Such statementswere a trueand accurate reflectionofthe BusinessRecords and were sent cach monthfrom the date the Account was opened until the Sale Date(otherthan whereno statementmay have been requiredby law). 12. The BusinessRecords of CreditOne indicate that as of the date the Account was sold, therewas due and payableon the Account of $2,736.16.The records indicatethat there wereno uncreditedpayments againstsuch amount at the time ofsale. I3.The Business Records ofCredit One indicatethat the last payment receiwd on the Accountpriorto the Sale Date was postedto the Accounton 09/28/2019 in the amount of $215.34.The unpaid balancedoesnot includeany interest or feesof any kindaccruedor otherwiseto the Customer after the Charge-offDate. 14. Pursuantto the sale, both MHC and FNBM, as applicable, sold,transferred, assigned,conwyed, granted, set owr bargained, and deliwred to DebtBuyer and its successors and assigns, good and marketabletitle to the Accountand all associated unpaidReceivables freeand clearofany encumbrance, lien, pledge,charge,claim orsecurityinterest. 15. In connection with the sale of the Account,BusinessRecords, includingbut not limitedto electroniccopiesofbilling statements,weretransferredto orotherwise made available tothe Debt Buyer (the Records"). "Transferred The Transferred Records were keptby CreditOne, MHC, and/or FNBM in the regular course ofbusiness,and it was in the regular course of businessforan employee or representatiwwith personalknowledge ofthe act, ewnt, condition,or opinionrecorded: (i) make memorandum or records;or(ii)totransmitinformationthereof in such memormium to be included or records;and that the records (iii) be made at or near the time ofthe act and/or event recorded or reasonablysoon thereafter. To the extentthat the liansferred Records includerecords that werepreparedby a third party, includingbut notlimitedto any creditcard association, they are recordsthat were incorporatedintothe recordsofCredit One,MHC, and/orFNBM as a businessrecord and the accuracy of suchrecords are relied upon by Credit One, MHC, and/orFNBM in the regular course of business. The relevantBusinessRecords pertainingto the Accountdescribedaboutis herebyattachedand made a part hereof. The remainder of left the page is intentionallyblank. Pagp: 4 of 7 4 of 20 FILED: GENESEE COUNTY CLERK 08/26/2022 11:25 AM INDEX NO. E69866 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/26/2022 16. The abow statementsare true to the best of my knowledge. FUR1HBt SAYEIH NOT. Signed this day of , 20 Fmployee o NA AuthorizedRepesentatiw of MHC Receivables,LLC AuthorizedRepresentatiw of FNBM, LLC ACKNOWLEDGMENT OF ECNA1URE BY LICENSED NOTARY STA1E OF NEVADA ) )ss. COUNTY OF CLARK ) David Ryan This instrumentwas ac1mowledged beforeme on the day of r, . 20h , Authorized Representatinof FNBM, LIf, AuthorizedReprese e MHC Receivables,LLC, and Employee of Credit One Banic, NA Public JENNiFER HUI 9 NOTARY PUBUC STATE OF NEVADA Appt. No. 16-2415-1 ) Appt. Expiron Mar. 02, 2024 Page:5 af 7 5 of 20 FILED: GENESEE COUNTY CLERK 08/26/2022 11:25 AM INDEX NO. E69866 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/26/2022 CERTIFICATE OF CONFORMITY STATE OF NV CITY OF LAS VEGAS The undersigned does hereby certifythathe/she is an attorneyat lawduly admitted to practiceinthe Stateof NV and of is a resident Las Vegas, inthe Stateof Nevada; that he/sheis a personduly qualifiedto make thiscertificate of conformity pursuant to thelaws of theState of NV; that theforegoing acknowledgment by David Ryan named in the foregoing instrument taken beforeJennifer Hui notary inthe Stateof NV was taken in themanner prescribed by such laws of theState of NV. being the Statein which itwas taken; and thatit dulyconforms with such laws and is inallrespects validand effectiveinsuch state. July 08,2022 (1AAAA R. Date Ja K. Combs Nevada StateBar # 13088 Credit One Bank, N.A. 6801 S. Cimmaron Rd Las Vegas, NV 89113 6 of 20 FILED: GENESEE COUNTY CLERK 08/26/2022 11:25 AM INDEX NO. E69866 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/26/2022 OriginalOeditor SellerData Sheet Orig.Oeditor Acet Number: UC000000000C8696 Orig.CreditorCross RefNumber: 16501136 Account Open Date: 03/28/2012 Charge-offAmount: $2,736.16 Charge-offDate: 05/03/2020 Consumer Lastfourdigitsof SSN: XXX-XX-9135 Consumer First Name: Ryan Consumer MiddleName: Consumer LastName: Edwards Constuner Suffix: Consumer Residence Addrs 1: 7751 Walker Rd Consumer Residence Addrs 2: Consumer City: la Roy Consumer State: NY Consumer ZipCode: 14482 Post-Charge-offInterest: Post-Charge-offFees: $0.00 Post-Charge-offOedits or Payments Made: 50.00 LastPayment Amount: $215.34 I.ast PaymentDate: 09/28/2019 Balance Due at time of Sale: $2,736.16 Page: 7 of 7 7 of 20 FILED: GENESEE COUNTY CLERK 08/26/2022 11:25 AM INDEX NO. E69866 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/26/2022 . " BILL OF SALE AND ASSIGNMENT OF ACCOUNTS FROM CREDIT ONE BANK. N.A.TO MHC RECEIVABLES. LLC As of May 31. 2020, forgood and valuable the receipt consideration, and sufficiencyofwhich is hereby acknowledged, CreditOne Bank, N.A- ("Assignor")has transferred, has sold, has assigned, has conveyed,has granted and has otherwisedeliveredto MHC Assignor' LLC Receivables, ("Assignee"),all of s right, title and interest in and to (i) the charged-off credit card accounts identifiedon an account level basis in the data filenamed CreditOne_Fresh-Sherman-062020 (the"Computer a copy File"), of which is attached heretoand incorporated herein by reference as "ExhibitA", certain and, (ii) relatedaccountlevelmedia or electronic copiesthereof(including. hut not limited to applications, terms and condition), statements, and (ui)all claims or rights out ofor relating arising to eachaccount referencedon the ComputerFile the "Accounts") hereinafter, hut not limited (collectively including. to, all claims and rights afforded each Accountby virtue of that Account's terms and conditions. corresponding The Accounts transferredunder the termsof thisBillof Sale and Assignment of Accounts were each to Assignee transferred immediately followingcharge off for each applicable as shown in the Computer Account, File. With respectto information forthe Accounts,Assignorrepresents to Assignee and warrants that the business recordsconveyed to Assigneerelatingto:(i)the Accountsissued Assignor;and (ii) the sale and assignmentof by Accounts by Assignor the "Business (collectively. am kept by Assignor Records"), in the regular course of its business. Itis intheregular course ofbusiness ofAssignor foran employcc or an authorizedrepresentative with personal knowledge of the act,event,condition.oropinion "Event") (collectively to be recorded,tomake theappropriate memorandum or recording of the Eventat or reasonably neu the tmieof the Event. Furthermore,Assignorrepresents and warrantsto Assigneethat the Business Records are materiall y complete and accurate, and thoroughlyembody the informationin Assignor's custody and controlforthe Accounts from theircreationuntilthetime of transferto Assignce. These representations and warranties are intended to augment any other representations arul warrantics the parties may have in placeand not supplant any other existing warranties and representations. This Billof Sale and Assignment ofAccounts shallserveas evidence of for theAccounb ownership 1 conveyed herebyand shallserve as an acknowledgment,as ratification, and as evidence of the intent ofthe parties to transfer the Accounts. CRF IT ONE BANK, N.A. ary H Vice President 8 of 20 FILED: GENESEE COUNTY CLERK 08/26/2022 11:25 AM INDEX NO. E69866 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/26/2022 EXHIDIT A ACCOUNT SCHEDULE The Accounts thatare specifically identified in the electronic Ale named CreditOne_Fresh-Sherman-062020 with such electronic file incorporatedberein by refereruce, 9 of 20 FILED: GENESEE COUNTY CLERK 08/26/2022 11:25 AM INDEX NO. E69866 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/26/2022 , . BILL OF SALE AND ASSIGNMENT OF RECEIVABLES FROM CREDIT ONE BANK. N.A. TO MHC RECEJVABLES. LLC - As of May 31, 2020,for good and valuableconsideration. and the receip