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  • J.G. Wentworth Originations, Llc v. United States Life Insurance Company In The City Of New York, American General Annuity Service Corporation, Inna AndersonSpecial Proceedings - Other (Transfer-Structured Sett.) document preview
  • J.G. Wentworth Originations, Llc v. United States Life Insurance Company In The City Of New York, American General Annuity Service Corporation, Inna AndersonSpecial Proceedings - Other (Transfer-Structured Sett.) document preview
  • J.G. Wentworth Originations, Llc v. United States Life Insurance Company In The City Of New York, American General Annuity Service Corporation, Inna AndersonSpecial Proceedings - Other (Transfer-Structured Sett.) document preview
  • J.G. Wentworth Originations, Llc v. United States Life Insurance Company In The City Of New York, American General Annuity Service Corporation, Inna AndersonSpecial Proceedings - Other (Transfer-Structured Sett.) document preview
  • J.G. Wentworth Originations, Llc v. United States Life Insurance Company In The City Of New York, American General Annuity Service Corporation, Inna AndersonSpecial Proceedings - Other (Transfer-Structured Sett.) document preview
  • J.G. Wentworth Originations, Llc v. United States Life Insurance Company In The City Of New York, American General Annuity Service Corporation, Inna AndersonSpecial Proceedings - Other (Transfer-Structured Sett.) document preview
  • J.G. Wentworth Originations, Llc v. United States Life Insurance Company In The City Of New York, American General Annuity Service Corporation, Inna AndersonSpecial Proceedings - Other (Transfer-Structured Sett.) document preview
  • J.G. Wentworth Originations, Llc v. United States Life Insurance Company In The City Of New York, American General Annuity Service Corporation, Inna AndersonSpecial Proceedings - Other (Transfer-Structured Sett.) document preview
						
                                

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FILED: NASSAU COUNTY CLERK 07/24/2023 04:20 PM INDEX NO. 611702/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/24/2023 @ EXHIBIT FILED: NASSAU COUNTY CLERK 07/24/2023 04:20 PM INDEX NO. 611702/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/24/2023 Accotmt m: 2035782 NEW Y ORK. PURCHASE CONTRACT This is a Purchase Contract ("Contract") for the sale of structured settlement payments between Inna Anderson (You, Your), and J.O. Wentworth Originations, LLC (We, Us, Our) 3993 Howard Hughes Parkway, Suite 250, Las Vegas, NV 89169-6754. BACKGROUND A. In connection with the resolution of a personal injury claim. fou or someone acting for You, signed a Settlement Agreement that entitles You to receive certain fut are payments ("Settlement Payments"), according to a set schedule. B. Those Settlement Payments are being paid to You from an annuity policy ("Annuity Policy") purchased by the Person responsible for making the Settlement Payments to You ("Obligor'). C. Rather than wait for the Settlement Payments to be made to You in the future, You want to sell all or some of those Settlement Payments ("Purchased Payments") to Us now fora lum > sum. DEFINED WORDS Certain words used in this Contract have specific meanings, shown below. Affiliate An entity controlled by, controlling, or unde ·comrnon control with, another entity. Annuity Polley The policy purchased by the Obligor to ensu e that the Settlement Payments are made to You as required by the Settlement Agreement. Closing Documents Any documents necessary to carry out the purchase of the Purchased Payments, other s" than the "Contract or Contract Documen as defined below. Contract or Contract Documents Collectively, only this Contract and the pisclosure Statement. Contract Date The date Your signature at the end of this Contra t is notarized. However, if You happen to sign this Contract before the number ef days stated at the end of Your Disclosure Statement for waiting has passed, You will have no obligation under Your Contract until that time has passed. Court Order A legally binding ruling issued by a judge on properly empowered administrative officer, approving the sale of the Purchased Paymen s to Us ("Court Approval"). Disclosure Statement The document which identifies for You, the Purchased Payments, expenses, Purchase Price and various other disclosures. Encumbrance Any claim, righte lien, policy loan, or re: triction. In addition, this includes any limits on rights of ownership (such as th use, voting, transfer, receipt of income, etc.). Funding Date The date We pay You the Net Purchase 1 rice. Issuer The insurance company that issued the Annuity Policy. Obligor The Person who is obligated to make payments to You under the Settlement Agn3ement. L 2011 m Wemwonh Ori nations. ll' FILED: NASSAU COUNTY CLERK 07/24/2023 04:20 PM INDEX NO. 611702/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/24/2023 Account ID: 2035782 Party One of You or Us. Parties means both You and Us, Person Any natural person or legal entity. Purchased Payments Only those certain payments that We are purchasing from You under this Contract. Purchase Price: Price (You)" Gross Purchase The amount shown as the "gross amount payable to the seller on the Disclosure Statement. This is the sum We have agreed to pay You before any deductions as set forth in the Contract Documents. Net Purchase Price The amouilt (You)" shown poyable to the seller as the "net amount on the Disclosure Statement. This is the sum We have agreed to pay You afer any deductions as set forth in the Contract Documents. Settlement Agreement The agreement that You and the Obligor s.igned to resolve Your personal injury claim, Settlement Payments All of the payments that the Obligor has agreed to make to You in the Settlement Agreement. We, Our, or Us J.G. Wentworth Originations, LLC, alon with any of its successors, assigns, and designees. Some of the Contract Documents or Closing Documents may refer to Us as the purchaser. You or Your The Person named on this Contract's fir: t page. Some of the Contract Documen& or Closing Documents may refer to You as the seller. You and We agree as follows: 1. SALE OF THE PURCHASED PAYMENTS A. Upon the signing of this Contract and subject to certain conditiorts including Court Approval, You sell, transfer and assign to Us the right to receive the Purchased Payments specifically identified in the Disclosure Statement, B. We will pay You the Net Purchase Price as agreed to in the Contract Documents, subject to certain conditions. including meeting Our underwriting requirements, Court Appro/al and satisfactory completion of the Closing Documents. We will do this in exchange for You: " selling the Purchased Payments to Us; " changing the beneficiary of the Annuity Policy to Your estate and not changing it again until We have been paid all of the Purchased Payments; " any current beneficiaries waive their rights to (1e Purchased and having Payments; " fulfilling Your promises under this Contract, C. If We are buying only a portion of Your payments, this will have no effect upon Your rights in the unsold portion. You will continue to receive the unsold portion unless You hate already sold or encumbered that porticE However, sometimes the issuer, the Obligor or the court may sequire Us to receive the entire amount of Your payment. If so, We will then forward the portion of the payment still due to You and You hereby agree to this payment servicing arrangement. FILED: NASSAU COUNTY CLERK 07/24/2023 04:20 PM INDEX NO. 611702/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/24/2023 Account ID: 2035782 2. PURCHASE PRICE A. The Gross and Net Purchase Prices are shown on the Disclosure Statement and are fair and acceptable to You and Us. B. We will pay You the Net Purchase Price in the manner You design ite for Us. C, Before we pay You, You agree that We will adjust for the following amounts,ifapplicaMe: " Purchased Payments Owed to Us - The 1ssuer may hare already paid You some of the Purchased Payments before We have paid You for them. if that h appens, We will deduct the amount of those Purchased Payments. " Holdbacks - Due to possible delays in the Issuer to make the Purchased Payments to Uk beginning instead of You, We will hold back an amount equal to iny Purchased Payments that the Issuer owes Us post Court Approval, that are due within 90 days of th: Funding Date. If We subsequently receive those partleular Purchased Payments directly, We will retur 1 the amount of any related holdback to You. " Payment of Debts Owed - If You owe any past due chi d support, bankruptcy payoffs or taxes, or have any judgments or Itens against You or Your assets, Wc may pay those amounts and deduct them from the amount We pay You, and You hereby provide Us with specific authority to take such action. We will provide You with notice of the amounts that We are going to pay, prior to actual payment. D. If any Purchased Payments are mistakenly sent to You after We have paid You for them, You will immediately contact Us. If We then determine that any deductions or holdbacks as set brth above are not enough to reimburse Us, We will advise You of the amount You owe Us. You agree to immediately tend that amount to Us by bank or certified check. 3. YOUR REPRESENTATIONS AND WARRANTIES You represent and warrant to Us the following: A. You understand that THIS IS A SALE AND NOT A LOAN. B. The Annuity Policy is in full force, You are the sole and undispute.1 recipient of the right to the Purchased Payments, have the right to.sell them free and clear of any Encumbrances anc have not previously sold any of the Purchased Payments to any other Person. C. You understand that Court Approval is required for this purchase; and You agree to fully cooperate with Us to obtain that approval. D. You gave Us all requested information and signed all document; necessary .to complete the purchase. Every statement made by You in the Contract Documents and Closing Documents is true and complete. E. No law, divorce decree or other legal obstacle: " requires You to keep the Purchased Payments for thebent fit of a current or former spouse, dependent children. or other person; or " legally prevents You from contracting with Us, selling the Purchased Payments or changing the Annuity Policy's beneficiary. h ?01I M Wenmah Origistion. LLC FILED: NASSAU COUNTY CLERK 07/24/2023 04:20 PM INDEX NO. 611702/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/24/2023 Account ID: 2035782 F. Either: " You have never filed for bankruptcy, will not do so beforr the Funding Date and there are no lawsuits or efforts by any of Your creditors to put You into bankruptcy or tal e any of the Purchased Payments; or " If You filed for balikruptcy, the Purchased Payments were not subject to the claims of Your creditors. You will give Us a copy of any of Your bankruptcy documents that We request including evidence of a final bankruptcy payoff or case closing, if any. u: O. We can rely on Your representations, warranties, and promises in tais Contract. These representations, warranties, and promises are for Our benefit and the benefit of any future owners o'the Purchased Payments. You understand that Our reliance on any intentional misrepresentation by You may result in Our enforcing Our rights against You in court. H. You had enough time to consider the sale of the Purchased Paymer ts, understand the terms of the Contract Documents and Closing Documents, are of legal contracting age and sound mind, not under the influence of drugs or alcohol, and freely and voluntarily, enter into this Contract and agree to all of it: terms. 1, You were advised by Us to obtain independent legal advice and po fessional tax advice about the sale of the Purchased Payments and to have those advisors review the terms and legal, to : and other effects of th.is Contract with You prior to Your execution of this Contract. You have also explored all appror riate financial options before entering into this transaction. J. We did not provide tax, financial, or legal advice to You about this Contract and have advised You that We may not refet You to any specific attorney for such purpose. K. If You are married, Your spouse imderstands all of the terms ahd c aditions of this Contract inchiding, but not limited to the fact that, after the Funding Date, You (and Your spouse) will n t receive the same amount of money on the same payment schedule as You would have received imder the Annuity olicy . Your spouse has been provided with all information relating to the transaction and has had every opporunity to review the terms of the transactiot: and to seek any advice relating thereto. Your Spouse also understands the he or she will be giving up any property or contract rights that he or she may have in the Powhased Payinents. L. We may sell, transfer, or assign Our right to the Purchased Paymer ts in a sale, securitization, or other financing transaction (resale). Any resale would involve disclosing certain it formation about You (including Your personal infonnation) to the parties to a resale. M. Any future owner of the right to the Purchased Payments will have all of the same rights We have, including the right to the duties You owe Us under this Contract. This includes the right to make a claim against You for violating any of the Yepresentations, warranties, or promises You made in this Contract 4. YOUR PROMISES TO US Before and after the Funding Date: A. You will tell us right away if Your addmss or telephone number chuges and do everything necessary, including completing and signing all documents to: ! " sell the right to the Purchased Payments to Us; " change the beneficiary as required by this Contract; and " correct any documentation errors in the Contract Document: or Closing Documents. B, You will also tell Us lf any of the following occurs: & 2011 J.G. \Venteth OrminatEom.t LC FILED: NASSAU COUNTY CLERK 07/24/2023 04:20 PM INDEX NO. 611702/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/24/2023 !D: 2u35782 Accou! " a violation of this Contract; or " anything that could negatively affect the Annuity Policy, the Purchased Payments, or this Contract, C. You will not: " agree to sell the Purchased Payments to any Person other han Us; " change the Annuity Policy's beneficiary to any Person oil er than Your estate uritil We have collected all of the Purchased Payments; or " withdraw cash from, borrow or change the Annui against, y Policy. D. You will give Us information necessary to update Your repmsentatons, warrantles, and promises in this Contract. You will also update any documents and information so they will be trt e and complete on the Funding Date. E. We are now, and will continue in the future, to rely on the represeFtations and warranties You have given Us. We will confirm the accuracy of Your representations and warranties. You must cooperate with this confirmation and provide complete access to any infonnation We believe necessary. F. You agree that updating representations, warranties, promises, dot uments and other information will not cure a bn:ach of any representation or warranty made by You that was not true a id complete. G. You agree that Our obligation to You under this Contract is strictl: limited to the requirement to pay You what We owe You under the terms of this Contract, after receipt and approval of the Closing Documents, final underwriting approval and Court Approval. Under no circumstances will We be liable fo · any consequential damages. H, You hereby appoint Us and any of Our designees, with full power >f substitution as your Attorney in Fact, to act in Your name and place for the purpose of assigning and transfening ownership of any and all right, title and interest that You have in the Purchased Paynients and for Us to obtaiI all bene its contemplated by this transaction. You also give Us full authority to act in any way proper and necessary to exercis : this Attorney in Fact appointment including, but not limited to: (1) negotiating, endorsing and executing checks, drafts ind other instruments in Your name; and (2) instituting, maintaining, compromising, settling and terminatin any litigation or other pmceedings related to the Purchased Payments. This power of attorney is coupled with an in erest and shall survive death or disability. 5. CANCELLATION BY US We may cancel this Contract before the Funding Date lf: A. You breach any representation, warranty, or promise in any Contra3t Documents or Closing Documents, B. The petition for the Court Order is contested, opposed, or not approved, C. We are sued or threatened with a lawsuit about this Contract or the Annuity Policy. D. There is any threatened, pending, or final action, or change in h w or rule challenging the legality of, or rpgatively affecting this transaction. E. You file for, or are forced into bankruptcy. F. You die. G. Final approval has not been given by Our underwriting department H. The Purchase Contract is not signed by You and received back by Js by August 08, 2023. l½ge5 NY UE!\5il I 20J I W Wentwenh Originations Ltr FILED: NASSAU COUNTY CLERK 07/24/2023 04:20 PM INDEX NO. 611702/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/24/2023 Account ID: 2035782 L A major rating agency downgrades the issuer's credit rating. J. The 1ssuer is, or becomes insolvent, or under regulatory supervisio s. 6. CANCELLATION BY YOU A. YOU MAY CANCEL THIS CONTRACT WITHOUT PENAl ,TY OR FURTHER OBLIGATION AT ANY TIME WITHIN (5) BUSINESS FIVE DAYS AFTER THE Di .TE YOU RECEIVE PAYMENT HEREUNDER FROM US. IN ORDER FOR THE CANCEL ATION TO BE EFFECTIVE, YOU MUST SEND A NOTICE POSTMARKED AT ANY TIME WITHIN FIVE BUSINESS DAYS AFTER YOU RECEIVE PAYMENT HEREUNDER FROM US (This is the rescission period). B. YOUR NOTICE IS TO BE SENT EITHER BY CERTIFIED DR REGISTERED MAIL (RETORN RECEllrl' REQUESTED) OR FEDEXOR ANOTHER MAJCR OVERNIGHT DELIVERY SERVICE. THE NOTICE MUST INCLUDE A BANK OR CERTIFIED CtIEC K MADE PAYABLE TO US, IN THE FULL AMOUNT RECEIVED BY YOU. YOUR NOTICE MUST Bl SENT TO: J.G. Wentworth Originations, LLC Attentiom Manager of Operations 3993 Howard Hughes Parkway, Suite 29 Las Vegas, NY 89169-6754 7. NOTICES A. All notices shout this Contract must be in writing. B. All notices must be sent either by: (1) certified or registered mail (retton receipt requested); or (2) FedEx or another major overnight delivery service with a delivery tracking system and are con sidered given when delivered as follows: If to You: to the most recent address for You listed in Our files. If to Us: to the : ddress listed in Section 6 (B) of this Contract. 8. EVENTS OF DEFAULT You will be in default if You: A. fail to comply with any terms or conditions of this Contract; or B. breach any of Your representations, warranties and promises in this C miract. If You are in default, We have the right to sue You in court to make You pe fonn Your pmmises or to get money from You. 9. MISCELLANEOUS .. A. You give Us permission to conduct background checks on You, including obtaining information from the credit bureaus. in order to verify Your legal residence, contact information, and ar y other information We deem necessary for this transaction. We can also search records for UCC filings, bankruptc/ filings, judgments, liens and child support obligations against You. B. This Contract is the entire agreement between You and Us. C. 1f there is more than one of Us orYou, this Contract applies to all of those people together, and to each of them on their own. D. Both Parties must agree in writing to any change to this Contract o waiver of its terms. E. If a court undoes any part of this Coritract, the rest ofthe Contract emains valid. O 201I JU. Wentwonh Orismnliý. Lt.C FILED: NASSAU COUNTY CLERK 07/24/2023 04:20 PM INDEX NO. 611702/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/24/2023 Account ID: 2035782 F. You cannot voluntarily or involuntarily sell, assign, or transfer this Contract, or any of Your rights or duties under this Contract.Any such action taken by You in violation of this section shall be void and of no effect. G. Except as othenvise required by applicable law, the faw of the state of Your donticile (where You regularly reside on the Contract Date) will govern this Contract, The Parties must litigate : ny dispute arising under this Contract in t) courts of the state of Your domicile and the Parties agree to the jurisdiction < f that state's courts. H. This Contract also holds responsible Your heirs, and executors. Th s Contract benefits only You and Us, and no one else. However, if properly assigned by Us, this Contract will bind and be nefit Our successors and assigns. I. Failure to enforce any provision of this Contract is not a waiver of hat provision. 1 The Parties may sign this Contract in one or more counterparts. Er ch counterpart will be considered an original. All counterparts will form one Contract. A facsimile, pdf or other elec :ronie copy of the signed Contract or any counterpart will be considered an original and treated as such in any court procieding. K. We have investigated the proposed transfer of the Purchased Paym ents and, in light of information available to Us, have identified no violation of any applicable state or federal law. L. You will not receive an IRS Form 1099 from Us. M. Titles and headings in this Contract are for convenience only. Do not use them to interpret this Contract. N. Except as otherwise set forth in this Contract, You and We will par our respective costs and expenses in carrying out this Contract. O. You give Us permission to request from our Affiliates information and documentation You have previously provided to them which we deem necessary for this transaction, including, ban:ruptcy filings, judgments, settling documents, annuity documents, liens, child support obligations, divorce docun ents. [REMAINDER OF PAGE INTENTIONALl3 LEFT BLANK] NY IU:ñ3A I MOU .1,G,Womvorth Origimificip. L LC FILED: NASSAU COUNTY CLERK 07/24/2023 04:20 PM INDEX NO. 611702/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/24/2023 Account ID: 2035782 You and We, intending to be legally bound, have signed this Contract as of 1he Contract Date belöw, and agree to all of its terms and conditions. By signing below, You also acknowledge that Vou were advised by Us in wr ting, that You should obtain independent legal advice and professional tax advice about the sale of the Purchased Payment and to have those advisors review with You, the terms and legal, tax and other effects of this Contract. orn o a u Jhed SELLER: before m sy of u / , 20 2 ("Contract Date") ary Tana Anderso 1 Acknowledged and Agreed: Sworn to and subscribed SELLER'S t POUSE (if applicable) before me this day of . , 20 Notary Spouse US: J.G.Wentworth Originations, LLC NICOLEA ThoMA$ Notary Public - State of New No. of 7H0006t61 ¼rk Quallfled In BY" NassauCounty 05pmission Expfres Apr 25, 2027 p NY W:/1501 3)l I M1 Wentwork Originalirms. ll.C