Preview
FILED: TIOGA COUNTY CLERK 07/08/2022 04:55 PM INDEX NO. 2022-00062357
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/08/2022
AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY ORIGINAL CREDITOR.
(Deht Buver Actions)
The undersigned, being duly sworn, deposes and says:
1. I am an employee of Credit One Bank, NA (Tredit One Banle) and an authorized representatiw of its affiliates, as
described in the Supplemental Affidavit attached hereto (collectively, 'Original Creditor'), and I have personal knowledge of
and access to Original Creditor's books and records ("Business Records'), including electronic records, relating to a pool of
charged-off consumer credit accounts sold or assigned by Original Creditor to Sherman Originator ill LLC ("Debt Buyer'),
on 04/14/2020 (the 'Sale"), which included the account ("Account") of the consumer (Tonsumer') as identified in the
exhibits attached hereto and incorporated herein. As part of the Sale, Original Creditor assigned all of its interest in the
Accounts, including the right to any proceeds from the Accounts, to Debt Buyer, and it transferred Business Records
relating to the Accounts to Debt Buyer. A true and correct copy of the bill of 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 Original Creditor's procedures for creating and maintaining its
Business Records, including its procedures relating to the sale and assignment of consumer credit accounts. Original
Creditor's Business Records were made in the regular course of business and it was 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, I have personal knowledge of the facts set forth in this affidavit.
3. Credit One Bank and Consumer were parties to a credit agreement ("Agreement"). Consumer agreed to pay Credit One
Bank for all goods, services and cash advances provided pursuant to the Agreement. The date and the amount of the last
payment, if any, made by Consumer are set forth in an exhibit attached hereto and made a part hereof. Consumer defaulted
and a demand for payment was made by Credit One Bank. A true and correct copy of a document provided to Consumer
evidencing the Agreement is attached as an exhibit to this affidavit.
4. At the time of Sale, Consumer owed the amount set forth in the exhibits attached hereto and made a part hereof, which
also set forth the name of the Consumer; the last four digits of the Account number; the date and amount of the charge-off
balance; the date and amount of the last payment, if any; the total amounts, if applicable, of any post-charge-off interest and
post-chargeoff 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. The above statements are true and correct to the best of my personal knowledge.
Emp Bank, N.A.
ACKNOWLEDG MENT OF SIGNATURE BY UCENSED NOTARY
STATE OF NEVADA )
)ss.
COUNTY OF CLARK )
David Ryan
This instrumentwas acknowledged before me on the _ _day of , 20t_r.by ,
Employee of Credit One Bank, NA
8
TRY SSA NOYES
Notary Public. State of Nevada
p 2025
6921801 18 l· ago. aus
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FILED: TIOGA COUNTY CLERK 07/08/2022 04:55 PM INDEX NO. 2022-00062357
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/08/2022
CERTIFICATE OF CONFORMITY
STATE OF NV
CITY OF LAS VEGAS
The undersigned does hereby certify that he/she is an attorney at law duly admitted to practice in the State of NV
and is a resident of Las Vegas, in the State of Nevada; that he/she is a person duly qualified to make this certificate
of conformity pursuant to the laws of the State of NV; that the foregoing acknowledgment by David Ryan named in
the foregoing instrument taken before Tryssa Noyes notary in the State of NV was taken in the manner prescribed by
such laws of the State of NV, being the State in which it was taken; and that it duly conforms with such laws and is
in all respects valid and effective in such state.
April 8, 2022
Date Ti othy J. Bellamy
Nevada State Bar # 14973C
CreditOne Bank, N.A.
6801 S. Cimmaron Rd
Las Vegas, NV 89113
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FILED: TIOGA COUNTY CLERK 07/08/2022 04:55 PM INDEX NO. 2022-00062357
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/08/2022
SUPPLEMENTAL AFMDAVIT OF FACTS AND SALE OF ACCOUNT BY ORIGINAL
CREDITOR
(Debt Buyer Actions)
State of: Nevada
County of: Clark
Account Holder: Blayne Hurley
Social Security No: XXX-XX-0167
Original Creditor Account No: XXXXXXXXXXXX9731
David Ryan
, being duly sworn, deposes and says:
1. 1am over 18 and not a party to this action. I am an employee of Credit One Bank, N.A. ('Credit One"). In that capacity, I
have access to certain business records of Credit One. I am aware of the process of the sale and assignment of
electronically stored business records of Credit One.
2. I am an authorized representative of FNBM, LLC ("FNBM"), and an authorized representative of MHC Receivables, LLC
('MHC") and have been duly authorized by both entities to make the statements and representations included in this affidavit.
The statements set forth herein are true and correct, based on either personal knowledge or review of the business records,
or both, of one or more of Credit One, MHC, or FNBM.
3. Credit One originates consumer credit card accounts ("Accounts") and is entitled to all amounts due under such Accounts
("Receivables") from the time the Receivable is created until such rights are sold or transferred. At all times that Credit One,
or MHC, or FNBM owns any Account or Receivable, Credit One services such Accounts and Receivables whether in its own
right, or as an agent of MHC or of FNBM. Such servicing includes maintaining and recording information related to the
origination, servicing, transaction history, and ownership of such accounts and Receivables ("Business Records") whether
such Business Records relate to Credit One, to MHC, or to FNBM. It is in the regular course of business of Credit One for
an employee or representative with personal knowledge of the act, event, condition, or opinion recorded to be recorded in
the Business Records to: (i) make memorandum or records; or (ii) to transmit information thereof to be included in such
memorandum or records; and (iii) that the records be made at or near the time of the act and/or ewnt recorded or reasonably
soon thereafter.
4. As an authorized representative of MHC, and of FNBM, my duties include having knowledge of, and access to, business
records relating to the Accounts and Receivables owned by MHC and FNBM, respectively. These records include Business
Records received from Credit One, as the business records of Credit One, and incorporated and maintained by MHC and by
FNBM as the business records of MHC and FNBM, respectively.
5. Such Business Records include those maintained by or on behalf of Credit One, of MHC and of FNBM in the ordinary
course of its business with regard to the sale and assignment of Credit One, of MHC, and of FNBM's Accounts and
Receivables.
6. FNm time to time, Credit One transfers certain Business Records to MHC and to FNBM related to the Accounts and
Receivables serviced by Credit One. These Business Records are transmitted to FNBM and to MHC in the normal course of
Credit One's business. Both FNBM and MHC accept these Business Records as the business records of Credit One and
incorporated these Business Records into their own.
7. For such Business Records, it was in the regular course of MHC and FNBM's business for an employee or representative
with personal knowledge of the act, event, condition, or opinion recorded to: (i) make memorandum or records; or (ii) to
transmit information thereof to be included in such memorandum or records; and (iii) that the records be made at or near the
time of the act and/or event recorded or reasonably soon thereafter.
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FILED: TIOGA COUNTY CLERK 07/08/2022 04:55 PM INDEX NO. 2022-00062357
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/08/2022
8. The Business Records indicate that account XXXXXXXXXXXX9731 (the "Account") was opened by Credit One on
05/25/2016 (the 'Origination Date") in the name of Blayne Hurley with a Social Security Number with the last four digits
ending in 0167 (the 'Consumer").
9. Under the terms and conditions of the Account, the Consumer agreed to pay Credit One for all goods, services, and cash
advances provided pursuant the terms and conditions of the Account. As shown in the Business Records, the Consumer
failed to make all the payments as required by the terms and conditions of the Account. Under the terms and conditions of
the Account referenced by the Business Records, the full balance under the Account was charged off on 03/26/2020 with a
balance immediately due and owing of $2,767.78.
10. On or about 04/14/2020 (the "Sale Date"), MHC and FNBM, as applicable, sold a pool of charged-off accounts and their
associated receivables to Sherman Originator IH LLC ("Debt Buyer"). The Account was included within the pool sold to
Debt Buyer on the Sale Date.1am not aware of any errors in the Business Records, account documents,or any other
document evidencing the ownership and status of the Account.
1 1. For the period from the Origination Date to the Sale Date, Credit One, in the regular course of business, caused periodic
billing statements to be delivered each month to the Consumer, unless such statements were not required by law. Such
statements were a tme and accurate reflection of the Business Records and were sent each month from the date the Account
was opened until the Sale Date (other than where no statement may haw been required by law).
12. he Business Records of Credit One indicate that as of the date the Account was sold, there was due and payable on the
Account of $2,767.78. The records indicate that there were no uncredited payments against such amount at the time of sale.
I3. Be Business Records of Credit One indicate that the last payment receiwd on the Account prior to the Sale Date was
posted to the Account on 08/21/2019 in the amount of $112.00. The unpaid balance does not include any interest or fees of
any kind accrued or otherwise to the Customer aAer the Charge-off Date.
14. Pursuant to the sale, both MHC and FNBM, as applicable, sold, transferred, assigned, conwyed, granted, bargained, set owr
and delivered to Debt Buyer and its successors and assigns, good and marketable title to the Account and all associated
unpaid Receivables free and clear of any encumbrance, lien. pledge, charge, claim or security interest.
15. In connection with the sale of the Account, Business Records, including but not limited to electronic copies of billing
statements, were transferred to or otherwise made available to the Debt Buyer (the "Transferred Records"). The Transferred
Records were kept by Credit One, MHC, and/or FNBM in the regular course of business, and it was in the regular course of
business for an employee or representatiw with personal knowledge of the act, event, condition, or opinion recorded : (i)
make memorandum or records; or (ii) to transmit information thereof to be included in such memorandum or records; and
(iii) that the records be made at or near the time of the act and/or event recorded or reasonably soon thereafter. To the
extent that the Transferred Records include records that were prepared by a third party, including but not limited to any
credit card association, they are records that were incorporated into the records of Credit One, MHC, and/or FNBM as a
business record and the accuracy of such records are relied upon by Credit One, MHC, and/or FNBM in the regular course
of business. The relevant Business Records pertaining to the Account described about is hereby attached and made a part
hereof.
ne remainder of the page is intentionally lefl blank.
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FILED: TIOGA COUNTY CLERK 07/08/2022 04:55 PM INDEX NO. 2022-00062357
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/08/2022
.16. The above statements are true to the best of my knowledge.
FURTHER AFFIANT SAYEIH NOT.
Signed this 1 day of h f r , 20H
Employee edi N.A.
Authorized Representative of MHC Receivables, LLC
Authorized Representative of FNBM, LLC
ACKNOWLEDGMENT OF SIGNATURE BY IJCENSED NOTARY
STATE OF NEVADA )
)ss.
COUNTY OF CLARK )
Davici Ryan
This instrument was acknowledged before me on the _f_ day of , 20/_2.by , fû ,
Authoried Representative of FNBM, LLC, Authorized Representative of MHC Receivables, LLC, and Employee of Credit
One Bank, N.A.
Notary Pubhc
TRYSSA
8
NOYES
Notary Public, State of Nevada
No. 20-2783-01
My AppL Exp. May 31, 2025
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FILED: TIOGA COUNTY CLERK 07/08/2022 04:55 PM INDEX NO. 2022-00062357
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/08/2022
CERTIFICATE OF CONFORMITY
STATE OF NV
CITY OF LAS VEGAS
The undersigned does hereby certify that he/she is an attorney at law duly admitted to practice in the State of NV
and is a resident of Las Vegas, in the State of Nevada; that he/she is a person duly qualified to make this certificate
of conformity pursuant to the laws of the State of NV; that the foregoing acknowledgment by David Ryan named in
the foregoing instrument taken before Tryssa Noyes notary in the State of NV was taken in the manner prescribed by
such laws of the State of NV, being the State in which it was taken; and that it duly conforms with such laws and is
in all respects valid and effective in such state.
April 8, 2022
Date Ti othy J. Bellamy
Nevada State Bar # 14973C
CreditOne Bank, N.A.
6801 S. Cimmaron Rd
Las Vegas, NV 89113
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FILED: TIOGA COUNTY CLERK 07/08/2022 04:55 PM INDEX NO. 2022-00062357
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/08/2022
Original Creditor Seller Data Sheet
Orig. Creditor Acet Number: XXXXXXXXXXXX9731
Orig. Creditor Cross Ref Number: 28736684
Account Open Date: 05/25/201 6
Charge-ofTAmount: $2,767.78
Charge-off Date: 03/26/2020
Consumer Last four digits of SSN: XXX-XX-0167
Consumer First Name: Blayne
Consumer Middle Name:
Consumer Iast Name: Hurley
Consumer SutTix:
Consumer Residence Addrs 1: 44 Adaline St
Consumer Residence Addrs 2:
Consumer City: Ongo
Consumer State: NY
Consumer Zip Code: 13827
Post-Charge-off Interest:
Post-Charge-off Fees: S.00
Post-Charge-off Credits or Payments Made: $.00
Last Payment Amount: $112.00
Last Payment Date: 08/2 1/2019
Balance Due at time of Sale: $2,767.78
Page:7of7
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FILED: TIOGA COUNTY CLERK 07/08/2022 04:55 PM INDEX NO. 2022-00062357
NYSCEF
4 DOC. NO. 6 RECEIVED NYSCEF: 07/08/2022
CREDITONEBANKCREDI ATEMENT
AccountNumber 9731
2
February 6.2020toMarch25,2020
. iiUMMARYOFACCOUNTACTIVITY . . PAYMENT INFORMATION
PreviousBalance $2.689.70 NewBalance $2.767.78
Payments - $0.00 PastDueAmount $862.00
OtherCredits - $0.00 AmountDueThisPeriod $1.940.78
Purchases + $0.00 MinimumPaymentDue $2,767.78
CashAdvances + $0.00 PaymentDueDate 04f21/2D
FeasCharged + $35.00 mP W
®ÔÔ Kwedonotreceive yourminimum paymentbythedatelistedabove.
NewBalance $2,767.78 youmayhavetopayalatefeeup1o535.
Minimum PaymentWaming:
CreditLimit $2,300.00 Nyo onlyN mm payme period. paymore
AvailableCredit $0.00 InIntemst anditwilltakeyoulongertopayoNyourhalance.
StalementClosingDate 03/25/20
Daysin BillingCycle 29 Forexample:
Ifyoumakeno Youwillpayoffthe AndyouwIB
QUESTIONS? addilional
chages balance ahmanen enduppaying
CallCustomerServiceor Report usingthis
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a Lostor StolenCreditCard 1-877-825-3242 eachmonth youpay. abouL . totalot.
OutsidetheU.S.Call 1-702-405-2042
Onlytheminimum
Pleasesendbillinginquiriesandcorrespondenceto: payment 1monins $2.768.00
P.O.Box98873,LasVegas.NV89193-8873
NyouwouldlikeatocationforcreditcounseRng
services.
can1-866-515-5720.
TRANSACTIONS
Number
Refenince TransDate PostDateDesalption orCredit
ofTransaction Amount
03/25 03/25 LATEFEE 35.00
TOTALFEESFORTHISPERIOD 35.00
. ..
Interest.Charged
03/25 03/25 InterestChargeonPurchases 43.08
03/25 03/25 InterestChargeonCashAdvances 0.00
TOTALINTEREST FORTHISPERIOD 43.08
2020TotalsYear-to-Date
Totalfeeschargedin2020 $105.00
Totalinterestchargedin2020 $127.37
Youraccountis currentlydosed.
CHARGE
INTEREST CALCULATION
Rate(APR)is theannualinterestrateonyouraccount.
YourAnnualPercentage
BalanceSubjectto
Typeof Balance Rate(APR)
AnnualPercentage InterestRale InterestCharge
Purchases 21.40%(v) $2,416.22 $43.08
CashAdvances 21.40%(v) $0.00 $0.00
(v)= VariableRate
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8 A N K NewBalance: $2.76L78
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Preview
FILED: TIOGA COUNTY CLERK 07/08/2022 04:55 PM INDEX NO. 2022-00062357 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/08/2022 AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY ORIGINAL CREDITOR. (Deht Buver Actions) The undersigned, being duly sworn, deposes and says: 1. I am an employee of Credit One Bank, NA (Tredit One Banle) and an authorized representatiw of its affiliates, as described in the Supplemental Affidavit attached hereto (collectively, 'Original Creditor'), and I have personal knowledge of and access to Original Creditor's books and records ("Business Records'), including electronic records, relating to a pool of charged-off consumer credit accounts sold or assigned by Original Creditor to Sherman Originator ill LLC ("Debt Buyer'), on 04/14/2020 (the 'Sale"), which included the account ("Account") of the consumer (Tonsumer') as identified in the exhibits attached hereto and incorporated herein. As part of the Sale, Original Creditor assigned all of its interest in the Accounts, including the right to any proceeds from the Accounts, to Debt Buyer, and it transferred Business Records relating to the Accounts to Debt Buyer. A true and correct copy of the bill of 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 Original Creditor's procedures for creating and maintaining its Business Records, including its procedures relating to the sale and assignment of consumer credit accounts. Original Creditor's Business Records were made in the regular course of business and it was 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, I have personal knowledge of the facts set forth in this affidavit. 3. Credit One Bank and Consumer were parties to a credit agreement ("Agreement"). Consumer agreed to pay Credit One Bank for all goods, services and cash advances provided pursuant to the Agreement. The date and the amount of the last payment, if any, made by Consumer are set forth in an exhibit attached hereto and made a part hereof. Consumer defaulted and a demand for payment was made by Credit One Bank. A true and correct copy of a document provided to Consumer evidencing the Agreement is attached as an exhibit to this affidavit. 4. At the time of Sale, Consumer owed the amount set forth in the exhibits attached hereto and made a part hereof, which also set forth the name of the Consumer; the last four digits of the Account number; the date and amount of the charge-off balance; the date and amount of the last payment, if any; the total amounts, if applicable, of any post-charge-off interest and post-chargeoff 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. The above statements are true and correct to the best of my personal knowledge. Emp Bank, N.A. ACKNOWLEDG MENT OF SIGNATURE BY UCENSED NOTARY STATE OF NEVADA ) )ss. COUNTY OF CLARK ) David Ryan This instrumentwas acknowledged before me on the _ _day of , 20t_r.by , Employee of Credit One Bank, NA 8 TRY SSA NOYES Notary Public. State of Nevada p 2025 6921801 18 l· ago. aus 1 of 8 FILED: TIOGA COUNTY CLERK 07/08/2022 04:55 PM INDEX NO. 2022-00062357 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/08/2022 CERTIFICATE OF CONFORMITY STATE OF NV CITY OF LAS VEGAS The undersigned does hereby certify that he/she is an attorney at law duly admitted to practice in the State of NV and is a resident of Las Vegas, in the State of Nevada; that he/she is a person duly qualified to make this certificate of conformity pursuant to the laws of the State of NV; that the foregoing acknowledgment by David Ryan named in the foregoing instrument taken before Tryssa Noyes notary in the State of NV was taken in the manner prescribed by such laws of the State of NV, being the State in which it was taken; and that it duly conforms with such laws and is in all respects valid and effective in such state. April 8, 2022 Date Ti othy J. Bellamy Nevada State Bar # 14973C CreditOne Bank, N.A. 6801 S. Cimmaron Rd Las Vegas, NV 89113 2 of 8 FILED: TIOGA COUNTY CLERK 07/08/2022 04:55 PM INDEX NO. 2022-00062357 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/08/2022 SUPPLEMENTAL AFMDAVIT OF FACTS AND SALE OF ACCOUNT BY ORIGINAL CREDITOR (Debt Buyer Actions) State of: Nevada County of: Clark Account Holder: Blayne Hurley Social Security No: XXX-XX-0167 Original Creditor Account No: XXXXXXXXXXXX9731 David Ryan , being duly sworn, deposes and says: 1. 1am over 18 and not a party to this action. I am an employee of Credit One Bank, N.A. ('Credit One"). In that capacity, I have access to certain business records of Credit One. I am aware of the process of the sale and assignment of electronically stored business records of Credit One. 2. I am an authorized representative of FNBM, LLC ("FNBM"), and an authorized representative of MHC Receivables, LLC ('MHC") and have been duly authorized by both entities to make the statements and representations included in this affidavit. The statements set forth herein are true and correct, based on either personal knowledge or review of the business records, or both, of one or more of Credit One, MHC, or FNBM. 3. Credit One originates consumer credit card accounts ("Accounts") and is entitled to all amounts due under such Accounts ("Receivables") from the time the Receivable is created until such rights are sold or transferred. At all times that Credit One, or MHC, or FNBM owns any Account or Receivable, Credit One services such Accounts and Receivables whether in its own right, or as an agent of MHC or of FNBM. Such servicing includes maintaining and recording information related to the origination, servicing, transaction history, and ownership of such accounts and Receivables ("Business Records") whether such Business Records relate to Credit One, to MHC, or to FNBM. It is in the regular course of business of Credit One for an employee or representative with personal knowledge of the act, event, condition, or opinion recorded to be recorded in the Business Records to: (i) make memorandum or records; or (ii) to transmit information thereof to be included in such memorandum or records; and (iii) that the records be made at or near the time of the act and/or ewnt recorded or reasonably soon thereafter. 4. As an authorized representative of MHC, and of FNBM, my duties include having knowledge of, and access to, business records relating to the Accounts and Receivables owned by MHC and FNBM, respectively. These records include Business Records received from Credit One, as the business records of Credit One, and incorporated and maintained by MHC and by FNBM as the business records of MHC and FNBM, respectively. 5. Such Business Records include those maintained by or on behalf of Credit One, of MHC and of FNBM in the ordinary course of its business with regard to the sale and assignment of Credit One, of MHC, and of FNBM's Accounts and Receivables. 6. FNm time to time, Credit One transfers certain Business Records to MHC and to FNBM related to the Accounts and Receivables serviced by Credit One. These Business Records are transmitted to FNBM and to MHC in the normal course of Credit One's business. Both FNBM and MHC accept these Business Records as the business records of Credit One and incorporated these Business Records into their own. 7. For such Business Records, it was in the regular course of MHC and FNBM's business for an employee or representative with personal knowledge of the act, event, condition, or opinion recorded to: (i) make memorandum or records; or (ii) to transmit information thereof to be included in such memorandum or records; and (iii) that the records be made at or near the time of the act and/or event recorded or reasonably soon thereafter. Page: 3 of 7 3 of 8 FILED: TIOGA COUNTY CLERK 07/08/2022 04:55 PM INDEX NO. 2022-00062357 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/08/2022 8. The Business Records indicate that account XXXXXXXXXXXX9731 (the "Account") was opened by Credit One on 05/25/2016 (the 'Origination Date") in the name of Blayne Hurley with a Social Security Number with the last four digits ending in 0167 (the 'Consumer"). 9. Under the terms and conditions of the Account, the Consumer agreed to pay Credit One for all goods, services, and cash advances provided pursuant the terms and conditions of the Account. As shown in the Business Records, the Consumer failed to make all the payments as required by the terms and conditions of the Account. Under the terms and conditions of the Account referenced by the Business Records, the full balance under the Account was charged off on 03/26/2020 with a balance immediately due and owing of $2,767.78. 10. On or about 04/14/2020 (the "Sale Date"), MHC and FNBM, as applicable, sold a pool of charged-off accounts and their associated receivables to Sherman Originator IH LLC ("Debt Buyer"). The Account was included within the pool sold to Debt Buyer on the Sale Date.1am not aware of any errors in the Business Records, account documents,or any other document evidencing the ownership and status of the Account. 1 1. For the period from the Origination Date to the Sale Date, Credit One, in the regular course of business, caused periodic billing statements to be delivered each month to the Consumer, unless such statements were not required by law. Such statements were a tme and accurate reflection of the Business Records and were sent each month from the date the Account was opened until the Sale Date (other than where no statement may haw been required by law). 12. he Business Records of Credit One indicate that as of the date the Account was sold, there was due and payable on the Account of $2,767.78. The records indicate that there were no uncredited payments against such amount at the time of sale. I3. Be Business Records of Credit One indicate that the last payment receiwd on the Account prior to the Sale Date was posted to the Account on 08/21/2019 in the amount of $112.00. The unpaid balance does not include any interest or fees of any kind accrued or otherwise to the Customer aAer the Charge-off Date. 14. Pursuant to the sale, both MHC and FNBM, as applicable, sold, transferred, assigned, conwyed, granted, bargained, set owr and delivered to Debt Buyer and its successors and assigns, good and marketable title to the Account and all associated unpaid Receivables free and clear of any encumbrance, lien. pledge, charge, claim or security interest. 15. In connection with the sale of the Account, Business Records, including but not limited to electronic copies of billing statements, were transferred to or otherwise made available to the Debt Buyer (the "Transferred Records"). The Transferred Records were kept by Credit One, MHC, and/or FNBM in the regular course of business, and it was in the regular course of business for an employee or representatiw with personal knowledge of the act, event, condition, or opinion recorded : (i) make memorandum or records; or (ii) to transmit information thereof to be included in such memorandum or records; and (iii) that the records be made at or near the time of the act and/or event recorded or reasonably soon thereafter. To the extent that the Transferred Records include records that were prepared by a third party, including but not limited to any credit card association, they are records that were incorporated into the records of Credit One, MHC, and/or FNBM as a business record and the accuracy of such records are relied upon by Credit One, MHC, and/or FNBM in the regular course of business. The relevant Business Records pertaining to the Account described about is hereby attached and made a part hereof. ne remainder of the page is intentionally lefl blank. Page: 4 of 7 4 of 8 FILED: TIOGA COUNTY CLERK 07/08/2022 04:55 PM INDEX NO. 2022-00062357 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/08/2022 .16. The above statements are true to the best of my knowledge. FURTHER AFFIANT SAYEIH NOT. Signed this 1 day of h f r , 20H Employee edi N.A. Authorized Representative of MHC Receivables, LLC Authorized Representative of FNBM, LLC ACKNOWLEDGMENT OF SIGNATURE BY IJCENSED NOTARY STATE OF NEVADA ) )ss. COUNTY OF CLARK ) Davici Ryan This instrument was acknowledged before me on the _f_ day of , 20/_2.by , fû , Authoried Representative of FNBM, LLC, Authorized Representative of MHC Receivables, LLC, and Employee of Credit One Bank, N.A. Notary Pubhc TRYSSA 8 NOYES Notary Public, State of Nevada No. 20-2783-01 My AppL Exp. May 31, 2025 Page:5 of 7 5 of 8 FILED: TIOGA COUNTY CLERK 07/08/2022 04:55 PM INDEX NO. 2022-00062357 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/08/2022 CERTIFICATE OF CONFORMITY STATE OF NV CITY OF LAS VEGAS The undersigned does hereby certify that he/she is an attorney at law duly admitted to practice in the State of NV and is a resident of Las Vegas, in the State of Nevada; that he/she is a person duly qualified to make this certificate of conformity pursuant to the laws of the State of NV; that the foregoing acknowledgment by David Ryan named in the foregoing instrument taken before Tryssa Noyes notary in the State of NV was taken in the manner prescribed by such laws of the State of NV, being the State in which it was taken; and that it duly conforms with such laws and is in all respects valid and effective in such state. April 8, 2022 Date Ti othy J. Bellamy Nevada State Bar # 14973C CreditOne Bank, N.A. 6801 S. Cimmaron Rd Las Vegas, NV 89113 6 of 8 FILED: TIOGA COUNTY CLERK 07/08/2022 04:55 PM INDEX NO. 2022-00062357 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/08/2022 Original Creditor Seller Data Sheet Orig. Creditor Acet Number: XXXXXXXXXXXX9731 Orig. Creditor Cross Ref Number: 28736684 Account Open Date: 05/25/201 6 Charge-ofTAmount: $2,767.78 Charge-off Date: 03/26/2020 Consumer Last four digits of SSN: XXX-XX-0167 Consumer First Name: Blayne Consumer Middle Name: Consumer Iast Name: Hurley Consumer SutTix: Consumer Residence Addrs 1: 44 Adaline St Consumer Residence Addrs 2: Consumer City: Ongo Consumer State: NY Consumer Zip Code: 13827 Post-Charge-off Interest: Post-Charge-off Fees: S.00 Post-Charge-off Credits or Payments Made: $.00 Last Payment Amount: $112.00 Last Payment Date: 08/2 1/2019 Balance Due at time of Sale: $2,767.78 Page:7of7 7 of 8 FILED: TIOGA COUNTY CLERK 07/08/2022 04:55 PM INDEX NO. 2022-00062357 NYSCEF 4 DOC. NO. 6 RECEIVED NYSCEF: 07/08/2022 CREDITONEBANKCREDI ATEMENT AccountNumber 9731 2 February 6.2020toMarch25,2020 . iiUMMARYOFACCOUNTACTIVITY . . PAYMENT INFORMATION PreviousBalance $2.689.70 NewBalance $2.767.78 Payments - $0.00 PastDueAmount $862.00 OtherCredits - $0.00 AmountDueThisPeriod $1.940.78 Purchases + $0.00 MinimumPaymentDue $2,767.78 CashAdvances + $0.00 PaymentDueDate 04f21/2D FeasCharged + $35.00 mP W ®ÔÔ Kwedonotreceive yourminimum paymentbythedatelistedabove. NewBalance $2,767.78 youmayhavetopayalatefeeup1o535. Minimum PaymentWaming: CreditLimit $2,300.00 Nyo onlyN mm payme period. paymore AvailableCredit $0.00 InIntemst anditwilltakeyoulongertopayoNyourhalance. StalementClosingDate 03/25/20 Daysin BillingCycle 29 Forexample: Ifyoumakeno Youwillpayoffthe AndyouwIB QUESTIONS? addilional chages balance ahmanen enduppaying CallCustomerServiceor Report usingthis cardand . thealatementin arreallmated a Lostor StolenCreditCard 1-877-825-3242 eachmonth youpay. abouL . totalot. OutsidetheU.S.Call 1-702-405-2042 Onlytheminimum Pleasesendbillinginquiriesandcorrespondenceto: payment 1monins $2.768.00 P.O.Box98873,LasVegas.NV89193-8873 NyouwouldlikeatocationforcreditcounseRng services. can1-866-515-5720. TRANSACTIONS Number Refenince TransDate PostDateDesalption orCredit ofTransaction Amount 03/25 03/25 LATEFEE 35.00 TOTALFEESFORTHISPERIOD 35.00 . .. Interest.Charged 03/25 03/25 InterestChargeonPurchases 43.08 03/25 03/25 InterestChargeonCashAdvances 0.00 TOTALINTEREST FORTHISPERIOD 43.08 2020TotalsYear-to-Date Totalfeeschargedin2020 $105.00 Totalinterestchargedin2020 $127.37 Youraccountis currentlydosed. CHARGE INTEREST CALCULATION Rate(APR)is theannualinterestrateonyouraccount. YourAnnualPercentage BalanceSubjectto Typeof Balance Rate(APR) AnnualPercentage InterestRale InterestCharge Purchases 21.40%(v) $2,416.22 $43.08 CashAdvances 21.40%(v) $0.00 $0.00 (v)= VariableRate 5385 JBH 001 7 25 2003250 1of 1 CXPAGE 20 57279620 A126 01GR5385 Piemse resumeds wiihyour porean and wnte payment. account your number onyour psyaMa made check, to cREDrr oNEa4NK PAYYOURBILLONLINEat CredilOneBank.com AccountNumtuir· 9731 8 A N K NewBalance: $2.76L78 MinimumPaymentDue: $2,767.78 PaymentDueDate: 04/21/20 Foraddress, lelephone andemailchanges, please completetherevemeside. yourcontact Or.update hiIormagononline atwww.CreditOneBank.com. AMOUNTENCLOSED: $ I. III.1I.II.1IIIII.. ,l.. IIII,I.1111...I....I.I1.I....I.....l..II. CREDITONEBANK BLAYNEHURLEY POBOX60500 44ADALINEST CITYOFINDUSTRY CA91716-0500 OWEGONY13827-1038 II.IIIIII...I..IIIII.I.I..I...II.IIll.. I,1.I....111..I.1111.I.111 0000000 0276778 0276778 731 2 8 of 8