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Filing # 129644188 E-Filed 06/28/2021 03:31:43 PM
IN THE COUNTY COURT IN AND FOR OSCEOLA COUNTY, FLORIDA
CASE NO.:
MIDLAND CREDIT MANAGEMENT, INC.
Plaintiff,
vs. COMPLAINT
KELLY CHASE,
Defendant.
/
COMES NOW the Plaintiff, MIDLAND CREDIT MANAGEMENT, INC., by and through its
undersigned counsel, and sues Defendant, KELLY CHASE, and states as follows:
GENERAL ALLEGATIONS
This is an action for damages that are within the jurisdictional limits of this court exclusive of
costs.
Venue of this action is proper in the county named above because the Defendant is a resident of
this county and/or because the Defendant executed the subject agreement in this county.
Plaintiff, MIDLAND CREDIT MANAGEMENT, INC. (hereinafter “Plaintiff’), is a
DELAWARE LIMITED LIABILITY COMPANY, authorized to do business in Florida.
Plaintiff and its predecessors have duly performed all promises and conditions precedent as
required.
This is an attempt to collect a debt and any information obtained herein will be used for that
purpose.
COUNT I~ ACCOUNT XXXXXXXXXXXX1358
ACCOUNT STATED
Plaintiff readopts and re-alleges allegations one (1) through five (5) above and further states as
follows:
6. This is an action for damages that are within the jurisdictional limits of this court exclusive of
costs.
Upon Defendant’s request, the original creditor, CREDIT ONE BANK, N.A., issued a credit
account in the name of Defendant bearing the account number XXXXXXXXXXXX1358.
Prior to the commencement of this action, Plaintiff acquired Defendant’s account originated by
CREDIT ONE BANK, N.A. and as such is entitled to all rights originally bestowed upon the
original creditor. See attached Exhibit “A”.
Although demands have been made by Plaintiff upon Defendant for payment, Defendant has
failed or refused to pay the amount due and owing on the account.
10. Before the institution of this action, Plaintiff’s predecessor in interest and the Defendant had
business transactions between them where the parties agreed upon a resulting balance. Plaintiff
is an assignee and as such obtains all rights of the original creditor to be repaid.
11 There are no unresolved billing disputes made in response to receiving the account statements
and, therefore, there is a prima facie case establishing the correctness of the account balance.
See, Farley v. Chase Bank, USA, NA, 37 So. 3d 936 (Fla. 4 DCA 2010). Copies of any available
statements are attached hereto and incorporated herein as Composite Exhibit “B”.
12 By submitting payments in response to the monthly statements rendered and delivered by the
original creditor, the Defendant accepted the resulting balance.
13 After adjustment for any credits or payments made after charge-off of the account, Defendant
owes Plaintiff the amount of $1,424.54.
WHEREFORE, as to Count I, Plaintiff respectfully requests this Honorable Court enter Judgment
in its favor against Defendant in the sum of $1,424.54 together with Court costs as described herein and
any other just and further relief as this Honorable Court deems just and proper.
COUNT II ACCOUNT XXXXXXXXXXXX3248
ACCOUNT STATED
Plaintiff readopts and re-alleges allegations one (1) through five (5) above and further states as
follows:
14. This is an action for damages that are within the jurisdictional limits of this court exclusive of
costs.
15. Upon Defendant’s request, the original creditor, CITIBANK, N.A., issued a credit account in
the name of Defendant bearing the account number XXXXXXXXXXXX3248.
16. Prior to the commencement of this action, Plaintiff acquired Defendant’s account originated by
CITIBANK, N.A. and as such is entitled to all rights originally bestowed upon the original
creditor. See attached Exhibit “C”.
17. Although demands have been made by Plaintiff upon Defendant for payment, Defendant has
failed or refused to pay the amount due and owing on the account.
18. Before the institution of this action, Plaintiff's predecessor in interest and the Defendant had
business transactions between them where the parties agreed upon a resulting balance. Plaintiff
is an assignee and as such obtains all rights of the original creditor to be repaid.
19. There are no unresolved billing disputes made in response to receiving the account statements
and, therefore, there is a prima facie case establishing the correctness of the account balance.
See, Farley v. Chase Bank, USA, NA, 37 So. 3d 936 (Fla. 4" DCA 2010). Copies of any available
statements are attached hereto and incorporated herein as Composite Exhibit “D”.
20. By submitting payments in response to the monthly statements rendered and delivered by the
original creditor, the Defendant accepted the resulting balance.
21. After adjustment for any credits or payments made after charge-off of the account, Defendant
owes Plaintiff, the amount of $1,465.16.
WHEREFORE, as to Count II, Plaintiff respectfully requests this Honorable Court enter Judgment
in its favor against Defendant in the sum of $1,465.16 together with Court costs as described herein and
any other just and further relief as this Honorable Court deems just and proper.
WHEREFORE in aggregate of the amounts owed in Count I, and Count II of the Complaint,
Plaintiff, respectfully requests this Honorable Court enter Judgment in its favor against Defendant in the
sum of $2,889.70 together with court costs as described herein and any other just and further relief as this
Honorable Court deems just and proper.
Respectfully submitted,
ANDREU, PALMA, LAVIN, & SOLIS, PLLC
Richard A. Russell, Esq. - 586651
887 Donald Ross Road
Juno Beach, FL 33408
Tel. (877)229-5972
Fax. (800)391-2178
Email: eservice@andreupalma.com
2105000956
EXHIBIT A
BILL OF SALE AND ASSIGNMENT OF ACCOUNTS AND RECEIVABLE:
ROM SHERMAN ORIGINATOR III LLC TO MIDLAND CREDIT MANAGEMENT, INC.
Sherman Originator IIT LLC (“Seller”), the owner of certain accounts and associated receivables (hereinafter referred
to collectively as “Purchased Accounts”), for value received and in accordance with the terms of the Purchase and
Sale Agreement, by and between Seller and Midland Credit Management, Inc. (“Buyer”), dated as of January 21,
2019 (“Agreement”), does hereby sell, assign and transfer to Buyer, its successors and assigns, all right, title and
interest in and to the Purchased Accounts as described on the computer file named
20191217_ChgOff_Final_Sale_Excel_CreditOne_Encore_Decl9_628917_684611-1_append data (the
“Computer File”), a copy of which is attached hereto and incorporated herein by reference as “Exhibit A”.
This Bill of Sale and Assignment of Accounts and Receivables is subject to the terms of the Agreement and
is made without representations and warranties of any kind or character except as expressly stated in the Agreement,
or as expressly stated below.
With respect to information for the Purchased Accounts described in the related Computer File, to the best
of Seller’s knowledge, Seller represents and warrants to Buyer that such information (i) is materially complete and
accurate; (ii) constitutes Seller’s own business records that pertain to the Purchased Accounts and accurately reflects
in all material respects the information in Seller’s database; (iii) was kept in the regular course of Seller’s business;
(iv) was made, entered or compiled in the regular course of business; (v) was recorded at or near the time the
underlying activity occurred, by a person with knowledge of the data recorded; (vi) has been accurately maintained in
Seller’s database since it was recorded there; and (vii) it is the regular practice of Seller’s business to maintain and
compile such data.
This Bill of Sale and Assignment of Accounts and Receivables may be entered as evidence of ownership for
any of the Purchased Accounts conveyed hereby.
Closing date: December 20, 2019
SHERMAN ORIGINATOR II LLC
y: Aaa? ce
Name: [I Ton pay p2aer
Title: U ‘ A
MIDLAND.CREDIT MANAGEMENT, INC.
By:
Nate: Sarat. Go$4 rade
Title: hue t Betwer Bere lggn~-F
BILL OF SALE AND ASSIGNMENT OF ACCOUNTS
FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES, LLC
As of November 30, 2019, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, Credit One Bank, N.A. (“Assignor”) has transferred, has sold, has assigned, has conveyed, has
granted and has otherwise delivered to MHC Receivables, LLC (“Assignee”), all of Assignor’s right, title and interest
in and to (i) the charged-off credit card accounts identified on an account level basis in the data file named
CreditOne_Encore_122019 (the “Computer File”), a copy of which is attached hereto and incorporated herein by
reference as “Exhibit A”; and, (ii) certain related account level media or electronic copies thereof (including, but not
limited to applications, statements, terms and condition), and (iii) all claims or rights arising out of or relating to each
account referenced on the Computer File (collectively hereinafter, the “Accounts”) including, but not limited to, all
claims and rights afforded each Account by virtue of that Account’s corresponding terms and conditions.
The Accounts transferred under the terms of this Bill of Sale and Assignment of Accounts were each
transferred to Assignee immediately following charge off for each applicable Account, as shown in the Computer File.
With respect to information for the Accounts, Assignor represents and warrants to Assignee that the business
records conveyed to Assignee relating to: (i) the Accounts issued by Assignor; and (ii) the sale and assignment of
Accounts by Assignor (collectively, the “Business Records”), are kept by Assignor in the regular course of its business.
It is in the regular course of business of Assignor for an employee or an authorized representative with personal
knowledge of the act, event, condition, or opinion (collectively “Event”) to be recorded, to make the appropriate
memorandum or recording of the Event at or reasonably near the time of the Event. Furthermore, Assignor represents
and warrants to Assignee that the Business Records are materially complete and accurate, and thoroughly embody the
information in Assignor’s custody and control for the Accounts from their creation until the time of transfer to
Assignee. These representations and warranties are intended to augment any other representations and warranties the
parties may have in place and not supplant any other existing warranties and representations.
This Bill of Sale and Assignment of Accounts shall serve as evidence of ownership for the Accounts
conveyed hereby and shall serve as an acknowledgment, as ratification, and as evidence of the intent of the parties to
transfer the Accounts.
C IT ONE BANK, N.A.
fh
(_ TSH
larws ‘bofod
Vice President
EXHIBIT A
ACCOUNT SCHEDULE
The Accounts pursuant to the BILL OF SALE AND ASSIGNMENT OF ACCOUNTS FROM CREDIT ONE BANK,
N.A. TO MHC RECEIVABLES, LLC that are specifically identified in the electronic file named
CreditOne_Encore_122019 with such electronic file incorporated herein by reference,
BILL OF SALE AND ASSIGNMENT OF RECEIVABLES
"ROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES, LLC
As of November 30, 2019, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, Credit One Bank, N.A. (“Assignor”) has transferred, has sold, has assigned, has conveyed, has
granted and has otherwise delivered to MHC Receivables, LLC (“Assignee”), all of Assignor’s right, title and interest
in and to (i) the receivables associated with each and every account referenced in the data file named
CreditOne_Encore_122019 (the “Computer File”), a copy of which is attached hereto and incorporated herein by
reference as “Exhibit A”; and, (ii) all claims or rights arising out of or relating to each of those Receivables (hereinafter,
the “Receivables”).
The Receivables transferred under the terms of this Bill of Sale and Assignment of Receivables were each
transferred to Assignee prior to the charge off of the associated accounts, as shown in the Computer File. This Bill of
Sale and Assignment of Receivables evidences the intent between the parties for the transfer of the Receivables, acts
as an acknowledgement of those transfers, and, to the extent necessary, ratification of the transfers.
With respect to information for the Receivables, Assignor represents and warrants to Assignee that the
business records conveyed to Assignee relating to the Receivables (the “Business Records”), are kept by Assignor in
the regular course of its business. It is in the regular course of business of Assignor for an employee or an authorized
representative with personal knowledge of the act, event, condition, or opinion (collectively “Event”) to be recorded,
to make the appropriate memorandum or recording of the Event at or reasonably near the time of the Event.
Furthermore, Assignor represents and warrants to Assignee that the Business Records are materially complete and
accurate, and thoroughly embody the information in Assignor’s custody and control for the Receivables from their
creation until the time of transfer to Assignee. These representations and warranties are intended to augment any other
representations and warranties the parties may have in place and not supplant any other existing warranties and
representations.
This Bill-of Sale and Assignment of Receivables shall serve as evidence of ownership for the Receivables
conveyed hereby and shall serve as an acknowledgment, as ratification, and as evidence of the intent of the parties to
transfer the Receivables.
CREDIT ONE BANK, N.A.
—
Vice President
EXHIBIT A
ACCOUNT SCHEDULE
The Receivables pursuant to the BILL OF SALE AND ASSIGNMENT OF RECEIVABLES FROM CREDIT ONE
BANK, N.A. TO MHC RECEIVABLES, LLC that are specifically identified in the electronic file named
CreditOne_Encore_122019 with such electronic file incorporated herein by reference.
BILL OF SALE AND ASSIGNM! OF RECEIVABLES
EARLIMEAIEL REL EV ABLES ELL EU ENDM LLL
As of December 17, 2019, MHC Receivables, LLC (“Assignor”), for good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, has periodically transferred, has sold, has assigned, has
conveyed, has granted and has otherwise delivered to FNBM, LLC (“Assignee”) all of its rights, title and interest in
and to (i) the receivables identified and specifically referenced for each of the accounts on an account level basis on
the data file titled CreditOne_Encore_122019 attached hereto and incorporated by reference as “Exhibit A” ; and (ii)
all claims or rights arising out of or relating to the account level receivables (hereinafter the “Receivables”.
With respect to information for the Receivables, Assignor represents and warrants to Assignee that the
business records conveyed to Assignee relating to the Receivables (the “Business Records”), are kept by Assignor in
the regular course of its business. It is in the regular course of business of Assignor for an employee or an authorized
representative with personal knowledge of the act, event, condition, or opinion (collectively “Event”) to be recorded,
to make the appropriate memorandum or recording of the Event at or reasonably near the time of the Event.
Furthermore, Assignor represents and warrants to Assignee that the Business Records are materially complete and
accurate, and thoroughly embody the information in Assignor’s custody and control for the Receivables from their
creation until the time of transfer to Assignee. These representations and warranties are intended to augment any other
representations and warranties the parties may have in place and not supplant any other existing warranties and
representations,
This Bill of Sale and Assignment of Receivables shall serve as an acknowledgment, as ratification, and as evidence
of the intent of the parties to transfer the Released Receivables referenced herein.
MHC Receivables, LLC
r
Ae fou
Mark Rufail, Authorized Representative
EXHIBIT A
ACCOUNT SCHEDULE
The Receivables pursuant to the BILL OF SALE AND ASSIGNMENT OF RECEIVABLES FROM MHC
RECEIVABLES, LLC TO FNBM, LLC that are specifically identified in the electronic file named
CreditOne_Encore_122019, with such electronic file incorporated herein by reference.
BILL OF SALE ASSIGNMENT OF RECEIVABLES
FR! LC
On December 17, 2019, FNBM, LLC (“Assignor”), for good and valuable consideration, the receipt of which
is hereby acknowledged, hereby transfers, sells, assigns, conveys, grants and delivers to Sherman Originator IT LLC
(“Assignee”), all of its rights, title and interest in and to (i) the receivables identified and specifically referenced for
each of the accounts on an account level basis on the data file titled CreditOne_Encore_122019 attached hereto and
incorporated by reference as “Exhibit A”; and (ii) all claims or rights arising out of or relating to the receivables
(hereinafter the “Receivables”).
With respect to information for the Receivables, Assignor represents and warrants to Assignee that the
business records relating to the Receivables (the “Business Records”) are kept by Assignor in the regular course of its
business. It is in the regular course of business of Assignor for an employee or an authorized representative with
personal knowledge of the act, event, condition, or opinion (collectively “Event”) to be recorded, to make the
appropriate memorandum or recording at or reasonably near the time of the Event. Furthermore, Assignor represents
and warrants to Assignee that the Business Records are materially complete and accurate and thoroughly embody the
information in Assignor’s custody and control for the Receivables from Assignor’s receipt of those Receivables until
the time of transfer to Assignee. These representations and warranties are intended to augment any other
representations and warranties the parties may have in place and not supplant any other existing warranties and
Tepresentations.
This Bill of Sale and Assignment of Receivables shall serve as evidence of ownership for any of the
Receivables conveyed hereby.
FNBM, LLC
JonM: i, Authori: ‘epresentative
EXHIBIT A
ACCOUNT SCHEDULE
The Receivables pursuant to the BILL OF SALE AND ASSIGNMENT OF RECEIVABLES FROM FNBM, LLC
TO SHERMAN ORIGINATOR II, LLC that are specifically identified in the electronic file named
CreditOne_Encore_122019, with such electronic file incorporated herein by reference.
BILL OF SALE AND ASSIGNMENT OF ACCOUNTS
FROM Mi s ‘OR I LLC
On December 17, 2019, for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, MHC Receivables, LLC (“‘Assignor”), hereby transfers, sells, assigns, conveys, grants and otherwise
delivers to Sherman Originator III LLC (“Assignee”), all of Assignor’s, rights title and interest in and to (i) the
charged-off accounts identified on an account level basis in the data file named CreditOne_Encore_122019 (the
“Computer File”), a copy of which is attached hereto and incorporated herein by reference as “Exhibit A”; and, (ii)
certain related account level media or electronic copies thereof (including, but not limited to applications, statements,
terms and condition), and (iii) all claims or rights arising out of or relating to each referenced account (collectively
hereinafter the “Accounts”) including, but not limited to, all claims and rights afforded each account by virtue of that
account's corresponding terms and conditions.
With respect to information for the Accounts described in the related Computer File, Assignor represents and
warrants to Assignee that the business records relating to: (i) the Accounts owned by Assignor; and (ii) the sale and
assignment of Accounts by Assignor (collectively, the “Business Records”), are kept by Assignor in the regular course
of its business. It is in the regular course of business of Assignor for an employee or an authorized representative with
personal knowledge of the act, event, condition, or opinion (collectively “Event”) to be recorded, to make the
appropriate memorandum or recording at or reasonably near the time of the Event. Furthermore, Assignor represents
and warrants to Assignee that the Business Records are materially complete and accurate and thoroughly embody the
information in Assignor’s custody and control for the Accounts listed in the Computer File from Assignor’s receipt
of those Accounts until the time of transfer to Assignee. These representations and warranties are intended to augment
any other representations and warranties the parties may have in place and not supplant any other existing warranties
and representations.
This Bill of Sale and Assignment of Accounts shall serve as evidence of ownership for any of the Accounts
conveyed hereby.
MHC Receivables, LLC
Mark Rufail, Authorized Representative
EXHIBIT A
ACCOUNT SCHEDULE
The Accounts pursuant to the BILL OF SALE AND ASSIGNMENT OF ACCOUNTS FROM MHC
RECEIVABLES, LLC TO SHERMAN ORIGINATOR III, LLC that are specifically identified in the electronic file
named CreditOne_Encore_122019, with such electronic file incorporated herein by reference.
Exhibit G
AFFIDAVIT OF CREDIT ONE BANK, N.A., FNBM, LLC, AND MHC RECEIVABLES, LLC
STATE OF NEVADA )
) ss.
COUNTY OF CLARK )
Your Affiant, Gary Harwood, being first duly sworn, states under oath as follows:
1 My name is Gary Harwood. I am a Vice President of Credit One Bank, N.A. (“Credit One”), and an
authorized representative of Credit One, FNBM, LLC (“FNBM”), and MHC Receivables, LLC (“MHC”). I am over
the age of eighteen and authorized to make this Affidavit on behalf of Credit One, FNBM, and MHC. If called as a
witness, I can testify to a court competently as to my knowledge of the facts contained herein.
2. As part of my regular job duties, I have access to and routinely review the business records of Credit One,
MHC, and FNBM related to accounts and associated receivables originated, serviced, and charged-off by Credit One.
Such records include those maintained by or on behalf of Credit One, MHC and FNBM in the ordinary course of each
entity’s business with regard to the sale and assignment of Credit One’s, MHC’s, and FNBM’s accounts and associated
receivables,
3. The facts stated herein are within my personal knowledge and are based on my review of the relevant books
and records available to me.
4. Assignment or Sale of Receivables.
a. Each day, pursuant to the terms of self-executing purchase agreements, any new receivables
(“Receivables”) associated with the Accounts (as defined below), are sold by (a) Credit One to MHC, as
evidenced by a Bill of Sale and Assignment dated as of November 30, 2019, by Credit One in favor of MHC,
a copy of which is attached hereto, and then (b) MHC to FNBM, as evidenced by a Bill of Sale and
Assignment dated as of December 17, 2019, by MHC in favor of FNBM, a copy of which is attached hereto.
b. On or about December 17, 2019, FNBM sold the Receivables to Sherman Originator TI, LLC
(“Sherman”), as evidenced by a Bill of Sale and Assignment dated as of December 17, 2019, by FNBM in
favor of Sherman, a copy of which is attached hereto.
Assignment or Sale of Accounts.
a. On or about November 30, 2019, Credit One sold a pool of charged-off accounts (“Accounts”)
associated with the Receivables to MHC, as evidenced by a Bill of Sale and Assignment dated as of A
November 30, 2019, by Credit One in favor of MHC, a copy of which is attached hereto.
b. On or about December 17, 2019, MHC sold the Accounts to Sherman, as evidenced by a Bill of
Sale and Assignment dated as of December 17, 2019, by MHC in favor of Sherman, a copy of which is
attached hereto.
6. Neither Credit One, FNBM, nor MHC retains any rights to receive payments, or to collect on the Accounts
or Receivables, As demonstrated in the preceding, the Accounts and Receivables are ultimately reunited and all rights,
title, and interest in the Accounts and Receivables are ultimately held by Sherman. Sections 4 and 5 of this Affidavit
shall hereinafter be referred to collectively as the “Sale of Accounts and Receivables”.
7. As part of the Sale of Accounts and Receivables, information contained in Credit One’s, MHC’s, and
FNBM’s business records relating to the Accounts and Receivables (collectively, the “Business Records”) were
provided to Sherman. These Business Records were made and/or recorded by or for Credit One, FNBM, and MHC as
part of the regular course of business of each entity at or near the time of the acts, events, or conditions recorded.
These Business Records accurately reflect the status of the Accounts and Receivables, are truthfully reflected in the
computer file identified in each Bill of Sale and Assignment, and are complete without errors to the best of my
knowledge.
8. Credit One, as servicing agent for MHC and FNBM, maintained the Business Records related to the Accounts
and Receivables. To the extent the Business Records include records that were prepared by Credit One on behalf of
MHC or FNBM, those records were accurately incorporated into the records of both FNBM and MHC as both FNBM’s
and MHC’s own Business Records. To the extent that the Business Records include records that were prepared by a
third party other than Credit One, those records were accurately incorporated into the records of both FNBM and
MHC as Business Records, and were relied upon thereon.
The above statements are true and accurate to the best of my knowledge and are made for the benefit of any court that
from time to time considers whether Sherman (or its successors or assigns) has the right to collect and/or enforce all
or any portion of the Receivables, or to enforce any rights related to the Accounts.
Si; thisZO day of LEC. 2014
Gary Harwi
Credit One Bank, N.A. — Authorized Representative and Vice President of Collections
FNBM, LLC — Authorized Representative
MHC Receivables, LLC — Authorized Representative
ACKNOWLEDGMENT OF SIGNATURE BY LICENSED NOTARY
STATE OF NEVADA )
) ss.
COUNTY OF CLARK )
This instrument was acknowledged before me on the 2&7 day of _ VECEAIBER ., 20, by Gary Harwood,
authorized representative of FNBM, LLC, authorized representative of MHC Receivables, LLC, and Vice President
of Collections for Credit One Bank, N.A.
, Notary Public
GEE JENNIFER HUI
Notary Public State of Nevada
Kae No, 16-2415-1
‘My appt. exp, Apr 1, aad
CERTIFICATE OF CONFORMITY
STATE OF NEVADA )
) ss.
COUNTY OF CLARK )
I, Narine Yenovkian, an attorney-at-law admitted to practice in the State of Nevada as In House Counsel for Credit
One Bank, N.A., do hereby certify that I am fully acquainted with the laws of the State of Nevada pertaining to
administration and taking of oaths, affirmations and acknowledgements. I further state that I am duly qualified to make
——lennied
Nevada.
Fows
thi is , Certificate ‘onformity and that the acknowledgement upon the Affidavit of Sale was taken by
, notary public in the State of Nevada, in the manner prescribed by the laws of the State of
~
IN WITNE: HEREOF, [have signed this Certificate the YW ney ot Vege ,2019
ame en
Narine Yengv jan
Nevada Stale’ Bar # 13297C
Credit On Ik, N.A.
6801 S, Cimarron Rd.
Las Vegas, NV 89113
BILL OF SALE AND ASSIGNMENT OF ACCOUNTS AND RECEIVABLE:
ROM SHERMAN ORIGINATOR III LLC TO MIDLAND CREDIT MANAGEMENT, INC.
Sherman Originator IIT LLC (“Seller”), the owner of certain accounts and associated receivables (hereinafter referred
to collectively as “Purchased Accounts”), for value received and in accordance with the terms of the Purchase and
Sale Agreement, by and between Seller and Midland Credit Management, Inc. (“Buyer”), dated as of January 21,
2019 (“Agreement”), does hereby sell, assign and transfer to Buyer, its successors and assigns, all right, title and
interest in and to the Purchased Accounts as described on the computer file named
20191217_ChgOff_Final_Sale_Excel_CreditOne_Encore_Decl9_628917_684611-1_append data (the
“Computer File”), a copy of which is attached hereto and incorporated herein by reference as “Exhibit A”.
This Bill of Sale and Assignment of Accounts and Receivables is subject to the terms of the Agreement and
is made without representations and warranties of any kind or character except as expressly stated in the Agreement,
or as expressly stated below.
With respect to information for the Purchased Accounts described in the related Computer File, to the best
of Seller’s knowledge, Seller represents and warrants to Buyer that such information (i) is materially complete and
accurate; (ii) constitutes Seller’s own business records that pertain to the Purchased Accounts and accurately reflects
in all material respects the information in Seller’s database; (iii) was kept in the regular course of Seller’s business;
(iv) was made, entered or compiled in the regular course of business; (v) was recorded at or near the time the
underlying activity occurred, by a person with knowledge of the data recorded; (vi) has been accurately maintained in
Seller’s database since it was recorded there; and (vii) it is the regular practice of Seller’s business to maintain and
compile such data.
This Bill of Sale and Assignment of Accounts and Receivables may be entered as evidence of ownership for
any of the Purchased Accounts conveyed hereby.
Closing date: December 20, 2019
SHERMAN ORIGINATOR II LLC
y: Aaa? ce
Name: [I Ton pay p2aer
Title: U ‘ A
MIDLAND.CREDIT MANAGEMENT, INC.
By:
Nate: Sarat. Go$4 rade
Title: hue t Betwer Bere lggn~-F
EXHIBIT A
ACCOUNT SCHEDULE
The Purchased Accounts pursuant to the BILL OF SALE AND ASSIGNMENT OF ACCOUNTS AND
RECEIVABLES FROM SHERMAN ORIGINATOR III LLC TO MIDLAND CREDIT MANAGEMENT, INC. that
are specifically identified in the electronic file named
20191217_ChgOff_Final_Sale_Excel_CreditOne_Encore_Dec19_628917_684611-1_append data with such
electronic file incorporated herein by reference.
Exhibit F
AFFIDAVIT OF SALE OF ACCOUNTS BY
SHERMAN ORIGINATOR II LLC
State of South Carolina
County of Charleston
I, Jon Mazzoli, hereby affirm as follows:
1 I am over 18 and not a party to this action. I am a Vice President of Sherman Originator III LLC
(“Sherman Originator III LLC”). In that capacity, I have access to certain books and records of Sherman
Originator III LLC and certain of its subsidiaries and affiliates (as defined by common control) (collectively,
“Sherman”), and am aware of the process of the sale and assignment of electronically stored business records.
2 Sherman Originator III LLC owns certain accounts and maintains and records information in its
business records as those records relate to such accounts. I am authorized to make the statements and
representations set forth in this affidavit on behalf of Sherman Originator III LLC. The statements set forth
herein are true and correct to the best of my knowledge, information, and belief, based on either personal
knowledge or review of the business records of Sherman Originator III LLC.
3 On December 20, 2019 (the “Sale Date”), Sherman Originator III LLC sold a pool of charged-off
accounts, and receivables due and owing associated with those accounts (hereinafter referred to collectively
as “Purchased Accounts”), described on the computer file which specifically references each account in the
data file, named 20191217_ChgOff_Final_Sale_Excel_CreditOne_Encore_Dec19_628917_684611-
1_append data (the “Computer File”) by a Purchase and Sale Agreement and a Bill of Sale and Assignment
to Midland Credit Management, Inc. (the “Buyer”) (such transaction being the “Sale”). The originating
creditor, charge-off creditor, and prior servicer of the Purchased Accounts was Credit One Bank, N.A.
4 Pursuant to the Sale, Sherman Originator III LLC sold, transferred, assigned, conveyed, granted,
bargained, set over and delivered to the Buyer and its successors and assigns as of the Sale Date: (i) good
and marketable title to the Purchased Accounts; (ii) the right to any future payments made arising out of the
Purchased Accounts, (iii) any unpaid balance related to the Purchased Accounts, and (iv) all account
documents in Sherman Originator III LLC’s possession. All of the assets transferred to Buyer were
transferred free and clear of any encumbrance, equity, lien, pledge, charge, claim or security interest of any
kind. I am not aware of any errors or defects related to the Purchased Accounts, the Computer File, the
account documents, or Sherman Originator III LLC’s ownership of and title to the Purchased Accounts,
5. In connection with the Sale of the Purchased Accounts, various records in different formats were
transferred to or otherwise made available to the Buyer (the “Business Records”). As part of my regular job
duties, I have knowledge of and access to Business Records relating to the Purchased Accounts. These
Business Records were kept by Sherman Originator III LLC in the regular course of business. It was within
Sherman Originator III LLC’s regular course of business for a representative with personal knowledge of the
act, event, condition, or opinion recorded to make memorandums or records or to transmit information thereof
to be included in memorandums or records. Any such memorandums or records were created at or near the
time of the act or event recorded or reasonably soon thereafter. To the extent that the Business Records
include records that were prepared by a third party, an agent, an affiliate, or a subsidiary, those records were
incorporated into the records of Sherman Originator III LLC becoming part of its own Business Records.
[signatures included on following page]
The above statements are true to the best of my knowledge.
Signed this AO th day of January, 2020
JON MAZZOLI
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Affirmed fo and cubsebival before me this 7Z oth day of January, 2020
AH » Notary
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CERTIFICATE OF CONFORMITY
I, Meghan Emmerich , an attorney-at-law admitted to
practice in the State of South Carolina and fully acquainted with
the laws of the State of South Carolina pertaining to the
acknowledgement or proof of deeds of real property to be recorded
therein, do hereby certify that I am duly qualified to make this
certificate of conformity and that the acknowledgement or proof
upon the affidavits of merit were taken by Savannah Ramsey, notary
public in the State of South Carolina, in the manner prescribed by
the laws of the State of South Carolina and conforms to the laws
thereof in all respects.
IN WITNESS WHEREOF, I have hereunto set my signature, on
January 30, 2020.
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AL Z VUE LL Z oe
Megha E erich
Att ey at Lay, State of South Carolina
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EXHIBIT B
CREDIT ONE BANK CREDIT CARD STATEMENT
‘Account Numbe 1358
‘October 23, 2019to November 22, 2019
‘SUMMARY OF ACCOUNT ACTIVITY PAYMENT INFORMATION
Previous Balance 5135212 New Balance $1,424.54
Payments 00 Past Due Amount $396.05
Other Credits $0.00 ‘Amount Due This Period $1,063.49
$0.00 Minimum Payment Due $4,424.54
Cash Advances $0.00 Payment Due Date 128/19
Foes Charged $40.00 Late Payment Warning:
Interest Charged $22.42 lf we do not receive your minimum payment by the date listed above,
New Balance $1,424.54 ‘you may have to pay alate fee up to
Credit Limit soo 00
Minimum Payment Waming:
Available Credit Ityou make only the minimum payment each pettod, you will pay more
in Interest and it will take you longer to pay off your balance.
‘Statement Cl Date 1172219
Days in Billing Cycle 3t For example:
you make no ‘You wil pay off the ‘And you will
QUESTIONS? ‘additional charges lance shown on ‘end up paying
Call Customer Service or Report using this card and the statementin ‘an estimated
a Lost or Stolen Creait Card 1-877-825-3242 ‘each month you pay. bout total of.
Outside the U.S. Call 1-702-408-2042 (Only the minimum,
Please send biling inquiries and correspondence to: payment 1 months, $1,425.00
P.O. Box 98873, Las Vegas, NV 89193-8873
If you would lke 2 location for credit counseling services,
call 1-866-515-5720.
‘TRANSACTIONS
Reference Number Trans Date Post Date Description of Transaction or Credit Amount
Fees
FaSSSO0AG000CYLAC 11/22 11122 ANNUAL FEE 12/19 THROUGH 12/19 5.00
11/22 11122 LATE FEE 35.00
TOTAL FEES FOR THIS PERIOD 40.00
Interest Charged
11122 11122 Interest Charge on Purchases 22.42
11122 11722 Interest Charge on Cash Advances 0.00
TOTAL INTEREST FOR THIS PERIOD 22.42
2019 Totals Year-to-Date
Total fees charged in 2019 $369.90
Total interest charged in 2019 $164.46
‘Your account is currently closed.
INTEREST CHARGE CALCULATION
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Balance Subject to
Tyre of Balance ‘Annual Percentage Rate (APR) In Rate Interest Charge
21.65%(v) $1,242.79 $22.42
‘Cash Advances 21.65%) $0.00 ‘$0.00
(v) = Variable Rate
5385 JBH 004 7 2 1911220 CXPAGE 1 of 1 20 8555 4510 M154 O1GR5385
Please ratun tis portion with your payment, and wrt your account numbar on your check, made payable to CREDIT
ONE BANK.
sng
CreditOnie
PAY YOUR BILL ONLINE at CreditOneBank.com
‘Account Number: SORE1350
New Balance: $1,424.54
Minimum Payment Que: $1,424.54
For address, telephone and email changes, Payment Dus Date: 42a
please complete the reverse side.
(Or, update your contact information oniine
‘at www.CreditOneBank.com. AMOUNT ENCLOSED: s |
Lavelle solelsbeleal
MH oseelt La leb bil ceases
CREDIT ONE BANK KELLY CHASE
PO BOX 60500 3426 SEDGEFIELD DR
CITY OF INDUSTRY CA 91716-0500 ‘SAINT CLOUD FL 34772-8540
Us tesslle bal beet lelosees IIb Ha Deels bbl
CREDIT ONE BANK CREDIT CARD STATEMENT
‘Account Numbe 1358
April 23, 2019 to May 22, 2019
‘SUMMARY OF ACCOUNT ACTIVITY PAYMENT INFORMATION
Previous Balance 00 New Balance $1,059.23
Payments $827.79 Past Due Amount $31.05
Other Credits ‘Amount Due This Period $88.00
$1,820. i Minimum Payment Due $119.05
‘Cash Advances 00 Payment Due Date 06/1819
Foes Charged
Preview
Filing # 129644188 E-Filed 06/28/2021 03:31:43 PM IN THE COUNTY COURT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO.: MIDLAND CREDIT MANAGEMENT, INC. Plaintiff, vs. COMPLAINT KELLY CHASE, Defendant. / COMES NOW the Plaintiff, MIDLAND CREDIT MANAGEMENT, INC., by and through its undersigned counsel, and sues Defendant, KELLY CHASE, and states as follows: GENERAL ALLEGATIONS This is an action for damages that are within the jurisdictional limits of this court exclusive of costs. Venue of this action is proper in the county named above because the Defendant is a resident of this county and/or because the Defendant executed the subject agreement in this county. Plaintiff, MIDLAND CREDIT MANAGEMENT, INC. (hereinafter “Plaintiff’), is a DELAWARE LIMITED LIABILITY COMPANY, authorized to do business in Florida. Plaintiff and its predecessors have duly performed all promises and conditions precedent as required. This is an attempt to collect a debt and any information obtained herein will be used for that purpose. COUNT I~ ACCOUNT XXXXXXXXXXXX1358 ACCOUNT STATED Plaintiff readopts and re-alleges allegations one (1) through five (5) above and further states as follows: 6. This is an action for damages that are within the jurisdictional limits of this court exclusive of costs. Upon Defendant’s request, the original creditor, CREDIT ONE BANK, N.A., issued a credit account in the name of Defendant bearing the account number XXXXXXXXXXXX1358. Prior to the commencement of this action, Plaintiff acquired Defendant’s account originated by CREDIT ONE BANK, N.A. and as such is entitled to all rights originally bestowed upon the original creditor. See attached Exhibit “A”. Although demands have been made by Plaintiff upon Defendant for payment, Defendant has failed or refused to pay the amount due and owing on the account. 10. Before the institution of this action, Plaintiff’s predecessor in interest and the Defendant had business transactions between them where the parties agreed upon a resulting balance. Plaintiff is an assignee and as such obtains all rights of the original creditor to be repaid. 11 There are no unresolved billing disputes made in response to receiving the account statements and, therefore, there is a prima facie case establishing the correctness of the account balance. See, Farley v. Chase Bank, USA, NA, 37 So. 3d 936 (Fla. 4 DCA 2010). Copies of any available statements are attached hereto and incorporated herein as Composite Exhibit “B”. 12 By submitting payments in response to the monthly statements rendered and delivered by the original creditor, the Defendant accepted the resulting balance. 13 After adjustment for any credits or payments made after charge-off of the account, Defendant owes Plaintiff the amount of $1,424.54. WHEREFORE, as to Count I, Plaintiff respectfully requests this Honorable Court enter Judgment in its favor against Defendant in the sum of $1,424.54 together with Court costs as described herein and any other just and further relief as this Honorable Court deems just and proper. COUNT II ACCOUNT XXXXXXXXXXXX3248 ACCOUNT STATED Plaintiff readopts and re-alleges allegations one (1) through five (5) above and further states as follows: 14. This is an action for damages that are within the jurisdictional limits of this court exclusive of costs. 15. Upon Defendant’s request, the original creditor, CITIBANK, N.A., issued a credit account in the name of Defendant bearing the account number XXXXXXXXXXXX3248. 16. Prior to the commencement of this action, Plaintiff acquired Defendant’s account originated by CITIBANK, N.A. and as such is entitled to all rights originally bestowed upon the original creditor. See attached Exhibit “C”. 17. Although demands have been made by Plaintiff upon Defendant for payment, Defendant has failed or refused to pay the amount due and owing on the account. 18. Before the institution of this action, Plaintiff's predecessor in interest and the Defendant had business transactions between them where the parties agreed upon a resulting balance. Plaintiff is an assignee and as such obtains all rights of the original creditor to be repaid. 19. There are no unresolved billing disputes made in response to receiving the account statements and, therefore, there is a prima facie case establishing the correctness of the account balance. See, Farley v. Chase Bank, USA, NA, 37 So. 3d 936 (Fla. 4" DCA 2010). Copies of any available statements are attached hereto and incorporated herein as Composite Exhibit “D”. 20. By submitting payments in response to the monthly statements rendered and delivered by the original creditor, the Defendant accepted the resulting balance. 21. After adjustment for any credits or payments made after charge-off of the account, Defendant owes Plaintiff, the amount of $1,465.16. WHEREFORE, as to Count II, Plaintiff respectfully requests this Honorable Court enter Judgment in its favor against Defendant in the sum of $1,465.16 together with Court costs as described herein and any other just and further relief as this Honorable Court deems just and proper. WHEREFORE in aggregate of the amounts owed in Count I, and Count II of the Complaint, Plaintiff, respectfully requests this Honorable Court enter Judgment in its favor against Defendant in the sum of $2,889.70 together with court costs as described herein and any other just and further relief as this Honorable Court deems just and proper. Respectfully submitted, ANDREU, PALMA, LAVIN, & SOLIS, PLLC Richard A. Russell, Esq. - 586651 887 Donald Ross Road Juno Beach, FL 33408 Tel. (877)229-5972 Fax. (800)391-2178 Email: eservice@andreupalma.com 2105000956 EXHIBIT A BILL OF SALE AND ASSIGNMENT OF ACCOUNTS AND RECEIVABLE: ROM SHERMAN ORIGINATOR III LLC TO MIDLAND CREDIT MANAGEMENT, INC. Sherman Originator IIT LLC (“Seller”), the owner of certain accounts and associated receivables (hereinafter referred to collectively as “Purchased Accounts”), for value received and in accordance with the terms of the Purchase and Sale Agreement, by and between Seller and Midland Credit Management, Inc. (“Buyer”), dated as of January 21, 2019 (“Agreement”), does hereby sell, assign and transfer to Buyer, its successors and assigns, all right, title and interest in and to the Purchased Accounts as described on the computer file named 20191217_ChgOff_Final_Sale_Excel_CreditOne_Encore_Decl9_628917_684611-1_append data (the “Computer File”), a copy of which is attached hereto and incorporated herein by reference as “Exhibit A”. This Bill of Sale and Assignment of Accounts and Receivables is subject to the terms of the Agreement and is made without representations and warranties of any kind or character except as expressly stated in the Agreement, or as expressly stated below. With respect to information for the Purchased Accounts described in the related Computer File, to the best of Seller’s knowledge, Seller represents and warrants to Buyer that such information (i) is materially complete and accurate; (ii) constitutes Seller’s own business records that pertain to the Purchased Accounts and accurately reflects in all material respects the information in Seller’s database; (iii) was kept in the regular course of Seller’s business; (iv) was made, entered or compiled in the regular course of business; (v) was recorded at or near the time the underlying activity occurred, by a person with knowledge of the data recorded; (vi) has been accurately maintained in Seller’s database since it was recorded there; and (vii) it is the regular practice of Seller’s business to maintain and compile such data. This Bill of Sale and Assignment of Accounts and Receivables may be entered as evidence of ownership for any of the Purchased Accounts conveyed hereby. Closing date: December 20, 2019 SHERMAN ORIGINATOR II LLC y: Aaa? ce Name: [I Ton pay p2aer Title: U ‘ A MIDLAND.CREDIT MANAGEMENT, INC. By: Nate: Sarat. Go$4 rade Title: hue t Betwer Bere lggn~-F BILL OF SALE AND ASSIGNMENT OF ACCOUNTS FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES, LLC As of November 30, 2019, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Credit One Bank, N.A. (“Assignor”) has transferred, has sold, has assigned, has conveyed, has granted and has otherwise delivered to MHC Receivables, LLC (“Assignee”), all of Assignor’s right, title and interest in and to (i) the charged-off credit card accounts identified on an account level basis in the data file named CreditOne_Encore_122019 (the “Computer File”), a copy of which is attached hereto and incorporated herein by reference as “Exhibit A”; and, (ii) certain related account level media or electronic copies thereof (including, but not limited to applications, statements, terms and condition), and (iii) all claims or rights arising out of or relating to each account referenced on the Computer File (collectively hereinafter, the “Accounts”) including, but not limited to, all claims and rights afforded each Account by virtue of that Account’s corresponding terms and conditions. The Accounts transferred under the terms of this Bill of Sale and Assignment of Accounts were each transferred to Assignee immediately following charge off for each applicable Account, as shown in the Computer File. With respect to information for the Accounts, Assignor represents and warrants to Assignee that the business records conveyed to Assignee relating to: (i) the Accounts issued by Assignor; and (ii) the sale and assignment of Accounts by Assignor (collectively, the “Business Records”), are kept by Assignor in the regular course of its business. It is in the regular course of business of Assignor for an employee or an authorized representative with personal knowledge of the act, event, condition, or opinion (collectively “Event”) to be recorded, to make the appropriate memorandum or recording of the Event at or reasonably near the time of the Event. Furthermore, Assignor represents and warrants to Assignee that the Business Records are materially complete and accurate, and thoroughly embody the information in Assignor’s custody and control for the Accounts from their creation until the time of transfer to Assignee. These representations and warranties are intended to augment any other representations and warranties the parties may have in place and not supplant any other existing warranties and representations. This Bill of Sale and Assignment of Accounts shall serve as evidence of ownership for the Accounts conveyed hereby and shall serve as an acknowledgment, as ratification, and as evidence of the intent of the parties to transfer the Accounts. C IT ONE BANK, N.A. fh (_ TSH larws ‘bofod Vice President EXHIBIT A ACCOUNT SCHEDULE The Accounts pursuant to the BILL OF SALE AND ASSIGNMENT OF ACCOUNTS FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES, LLC that are specifically identified in the electronic file named CreditOne_Encore_122019 with such electronic file incorporated herein by reference, BILL OF SALE AND ASSIGNMENT OF RECEIVABLES "ROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES, LLC As of November 30, 2019, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Credit One Bank, N.A. (“Assignor”) has transferred, has sold, has assigned, has conveyed, has granted and has otherwise delivered to MHC Receivables, LLC (“Assignee”), all of Assignor’s right, title and interest in and to (i) the receivables associated with each and every account referenced in the data file named CreditOne_Encore_122019 (the “Computer File”), a copy of which is attached hereto and incorporated herein by reference as “Exhibit A”; and, (ii) all claims or rights arising out of or relating to each of those Receivables (hereinafter, the “Receivables”). The Receivables transferred under the terms of this Bill of Sale and Assignment of Receivables were each transferred to Assignee prior to the charge off of the associated accounts, as shown in the Computer File. This Bill of Sale and Assignment of Receivables evidences the intent between the parties for the transfer of the Receivables, acts as an acknowledgement of those transfers, and, to the extent necessary, ratification of the transfers. With respect to information for the Receivables, Assignor represents and warrants to Assignee that the business records conveyed to Assignee relating to the Receivables (the “Business Records”), are kept by Assignor in the regular course of its business. It is in the regular course of business of Assignor for an employee or an authorized representative with personal knowledge of the act, event, condition, or opinion (collectively “Event”) to be recorded, to make the appropriate memorandum or recording of the Event at or reasonably near the time of the Event. Furthermore, Assignor represents and warrants to Assignee that the Business Records are materially complete and accurate, and thoroughly embody the information in Assignor’s custody and control for the Receivables from their creation until the time of transfer to Assignee. These representations and warranties are intended to augment any other representations and warranties the parties may have in place and not supplant any other existing warranties and representations. This Bill-of Sale and Assignment of Receivables shall serve as evidence of ownership for the Receivables conveyed hereby and shall serve as an acknowledgment, as ratification, and as evidence of the intent of the parties to transfer the Receivables. CREDIT ONE BANK, N.A. — Vice President EXHIBIT A ACCOUNT SCHEDULE The Receivables pursuant to the BILL OF SALE AND ASSIGNMENT OF RECEIVABLES FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES, LLC that are specifically identified in the electronic file named CreditOne_Encore_122019 with such electronic file incorporated herein by reference. BILL OF SALE AND ASSIGNM! OF RECEIVABLES EARLIMEAIEL REL EV ABLES ELL EU ENDM LLL As of December 17, 2019, MHC Receivables, LLC (“Assignor”), for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has periodically transferred, has sold, has assigned, has conveyed, has granted and has otherwise delivered to FNBM, LLC (“Assignee”) all of its rights, title and interest in and to (i) the receivables identified and specifically referenced for each of the accounts on an account level basis on the data file titled CreditOne_Encore_122019 attached hereto and incorporated by reference as “Exhibit A” ; and (ii) all claims or rights arising out of or relating to the account level receivables (hereinafter the “Receivables”. With respect to information for the Receivables, Assignor represents and warrants to Assignee that the business records conveyed to Assignee relating to the Receivables (the “Business Records”), are kept by Assignor in the regular course of its business. It is in the regular course of business of Assignor for an employee or an authorized representative with personal knowledge of the act, event, condition, or opinion (collectively “Event”) to be recorded, to make the appropriate memorandum or recording of the Event at or reasonably near the time of the Event. Furthermore, Assignor represents and warrants to Assignee that the Business Records are materially complete and accurate, and thoroughly embody the information in Assignor’s custody and control for the Receivables from their creation until the time of transfer to Assignee. These representations and warranties are intended to augment any other representations and warranties the parties may have in place and not supplant any other existing warranties and representations, This Bill of Sale and Assignment of Receivables shall serve as an acknowledgment, as ratification, and as evidence of the intent of the parties to transfer the Released Receivables referenced herein. MHC Receivables, LLC r Ae fou Mark Rufail, Authorized Representative EXHIBIT A ACCOUNT SCHEDULE The Receivables pursuant to the BILL OF SALE AND ASSIGNMENT OF RECEIVABLES FROM MHC RECEIVABLES, LLC TO FNBM, LLC that are specifically identified in the electronic file named CreditOne_Encore_122019, with such electronic file incorporated herein by reference. BILL OF SALE ASSIGNMENT OF RECEIVABLES FR! LC On December 17, 2019, FNBM, LLC (“Assignor”), for good and valuable consideration, the receipt of which is hereby acknowledged, hereby transfers, sells, assigns, conveys, grants and delivers to Sherman Originator IT LLC (“Assignee”), all of its rights, title and interest in and to (i) the receivables identified and specifically referenced for each of the accounts on an account level basis on the data file titled CreditOne_Encore_122019 attached hereto and incorporated by reference as “Exhibit A”; and (ii) all claims or rights arising out of or relating to the receivables (hereinafter the “Receivables”). With respect to information for the Receivables, Assignor represents and warrants to Assignee that the business records relating to the Receivables (the “Business Records”) are kept by Assignor in the regular course of its business. It is in the regular course of business of Assignor for an employee or an authorized representative with personal knowledge of the act, event, condition, or opinion (collectively “Event”) to be recorded, to make the appropriate memorandum or recording at or reasonably near the time of the Event. Furthermore, Assignor represents and warrants to Assignee that the Business Records are materially complete and accurate and thoroughly embody the information in Assignor’s custody and control for the Receivables from Assignor’s receipt of those Receivables until the time of transfer to Assignee. These representations and warranties are intended to augment any other representations and warranties the parties may have in place and not supplant any other existing warranties and Tepresentations. This Bill of Sale and Assignment of Receivables shall serve as evidence of ownership for any of the Receivables conveyed hereby. FNBM, LLC JonM: i, Authori: ‘epresentative EXHIBIT A ACCOUNT SCHEDULE The Receivables pursuant to the BILL OF SALE AND ASSIGNMENT OF RECEIVABLES FROM FNBM, LLC TO SHERMAN ORIGINATOR II, LLC that are specifically identified in the electronic file named CreditOne_Encore_122019, with such electronic file incorporated herein by reference. BILL OF SALE AND ASSIGNMENT OF ACCOUNTS FROM Mi s ‘OR I LLC On December 17, 2019, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, MHC Receivables, LLC (“‘Assignor”), hereby transfers, sells, assigns, conveys, grants and otherwise delivers to Sherman Originator III LLC (“Assignee”), all of Assignor’s, rights title and interest in and to (i) the charged-off accounts identified on an account level basis in the data file named CreditOne_Encore_122019 (the “Computer File”), a copy of which is attached hereto and incorporated herein by reference as “Exhibit A”; and, (ii) certain related account level media or electronic copies thereof (including, but not limited to applications, statements, terms and condition), and (iii) all claims or rights arising out of or relating to each referenced account (collectively hereinafter the “Accounts”) including, but not limited to, all claims and rights afforded each account by virtue of that account's corresponding terms and conditions. With respect to information for the Accounts described in the related Computer File, Assignor represents and warrants to Assignee that the business records relating to: (i) the Accounts owned by Assignor; and (ii) the sale and assignment of Accounts by Assignor (collectively, the “Business Records”), are kept by Assignor in the regular course of its business. It is in the regular course of business of Assignor for an employee or an authorized representative with personal knowledge of the act, event, condition, or opinion (collectively “Event”) to be recorded, to make the appropriate memorandum or recording at or reasonably near the time of the Event. Furthermore, Assignor represents and warrants to Assignee that the Business Records are materially complete and accurate and thoroughly embody the information in Assignor’s custody and control for the Accounts listed in the Computer File from Assignor’s receipt of those Accounts until the time of transfer to Assignee. These representations and warranties are intended to augment any other representations and warranties the parties may have in place and not supplant any other existing warranties and representations. This Bill of Sale and Assignment of Accounts shall serve as evidence of ownership for any of the Accounts conveyed hereby. MHC Receivables, LLC Mark Rufail, Authorized Representative EXHIBIT A ACCOUNT SCHEDULE The Accounts pursuant to the BILL OF SALE AND ASSIGNMENT OF ACCOUNTS FROM MHC RECEIVABLES, LLC TO SHERMAN ORIGINATOR III, LLC that are specifically identified in the electronic file named CreditOne_Encore_122019, with such electronic file incorporated herein by reference. Exhibit G AFFIDAVIT OF CREDIT ONE BANK, N.A., FNBM, LLC, AND MHC RECEIVABLES, LLC STATE OF NEVADA ) ) ss. COUNTY OF CLARK ) Your Affiant, Gary Harwood, being first duly sworn, states under oath as follows: 1 My name is Gary Harwood. I am a Vice President of Credit One Bank, N.A. (“Credit One”), and an authorized representative of Credit One, FNBM, LLC (“FNBM”), and MHC Receivables, LLC (“MHC”). I am over the age of eighteen and authorized to make this Affidavit on behalf of Credit One, FNBM, and MHC. If called as a witness, I can testify to a court competently as to my knowledge of the facts contained herein. 2. As part of my regular job duties, I have access to and routinely review the business records of Credit One, MHC, and FNBM related to accounts and associated receivables originated, serviced, and charged-off by Credit One. Such records include those maintained by or on behalf of Credit One, MHC and FNBM in the ordinary course of each entity’s business with regard to the sale and assignment of Credit One’s, MHC’s, and FNBM’s accounts and associated receivables, 3. The facts stated herein are within my personal knowledge and are based on my review of the relevant books and records available to me. 4. Assignment or Sale of Receivables. a. Each day, pursuant to the terms of self-executing purchase agreements, any new receivables (“Receivables”) associated with the Accounts (as defined below), are sold by (a) Credit One to MHC, as evidenced by a Bill of Sale and Assignment dated as of November 30, 2019, by Credit One in favor of MHC, a copy of which is attached hereto, and then (b) MHC to FNBM, as evidenced by a Bill of Sale and Assignment dated as of December 17, 2019, by MHC in favor of FNBM, a copy of which is attached hereto. b. On or about December 17, 2019, FNBM sold the Receivables to Sherman Originator TI, LLC (“Sherman”), as evidenced by a Bill of Sale and Assignment dated as of December 17, 2019, by FNBM in favor of Sherman, a copy of which is attached hereto. Assignment or Sale of Accounts. a. On or about November 30, 2019, Credit One sold a pool of charged-off accounts (“Accounts”) associated with the Receivables to MHC, as evidenced by a Bill of Sale and Assignment dated as of A November 30, 2019, by Credit One in favor of MHC, a copy of which is attached hereto. b. On or about December 17, 2019, MHC sold the Accounts to Sherman, as evidenced by a Bill of Sale and Assignment dated as of December 17, 2019, by MHC in favor of Sherman, a copy of which is attached hereto. 6. Neither Credit One, FNBM, nor MHC retains any rights to receive payments, or to collect on the Accounts or Receivables, As demonstrated in the preceding, the Accounts and Receivables are ultimately reunited and all rights, title, and interest in the Accounts and Receivables are ultimately held by Sherman. Sections 4 and 5 of this Affidavit shall hereinafter be referred to collectively as the “Sale of Accounts and Receivables”. 7. As part of the Sale of Accounts and Receivables, information contained in Credit One’s, MHC’s, and FNBM’s business records relating to the Accounts and Receivables (collectively, the “Business Records”) were provided to Sherman. These Business Records were made and/or recorded by or for Credit One, FNBM, and MHC as part of the regular course of business of each entity at or near the time of the acts, events, or conditions recorded. These Business Records accurately reflect the status of the Accounts and Receivables, are truthfully reflected in the computer file identified in each Bill of Sale and Assignment, and are complete without errors to the best of my knowledge. 8. Credit One, as servicing agent for MHC and FNBM, maintained the Business Records related to the Accounts and Receivables. To the extent the Business Records include records that were prepared by Credit One on behalf of MHC or FNBM, those records were accurately incorporated into the records of both FNBM and MHC as both FNBM’s and MHC’s own Business Records. To the extent that the Business Records include records that were prepared by a third party other than Credit One, those records were accurately incorporated into the records of both FNBM and MHC as Business Records, and were relied upon thereon. The above statements are true and accurate to the best of my knowledge and are made for the benefit of any court that from time to time considers whether Sherman (or its successors or assigns) has the right to collect and/or enforce all or any portion of the Receivables, or to enforce any rights related to the Accounts. Si; thisZO day of LEC. 2014 Gary Harwi Credit One Bank, N.A. — Authorized Representative and Vice President of Collections FNBM, LLC — Authorized Representative MHC Receivables, LLC — Authorized Representative ACKNOWLEDGMENT OF SIGNATURE BY LICENSED NOTARY STATE OF NEVADA ) ) ss. COUNTY OF CLARK ) This instrument was acknowledged before me on the 2&7 day of _ VECEAIBER ., 20, by Gary Harwood, authorized representative of FNBM, LLC, authorized representative of MHC Receivables, LLC, and Vice President of Collections for Credit One Bank, N.A. , Notary Public GEE JENNIFER HUI Notary Public State of Nevada Kae No, 16-2415-1 ‘My appt. exp, Apr 1, aad CERTIFICATE OF CONFORMITY STATE OF NEVADA ) ) ss. COUNTY OF CLARK ) I, Narine Yenovkian, an attorney-at-law admitted to practice in the State of Nevada as In House Counsel for Credit One Bank, N.A., do hereby certify that I am fully acquainted with the laws of the State of Nevada pertaining to administration and taking of oaths, affirmations and acknowledgements. I further state that I am duly qualified to make ——lennied Nevada. Fows thi is , Certificate ‘onformity and that the acknowledgement upon the Affidavit of Sale was taken by , notary public in the State of Nevada, in the manner prescribed by the laws of the State of ~ IN WITNE: HEREOF, [have signed this Certificate the YW ney ot Vege ,2019 ame en Narine Yengv jan Nevada Stale’ Bar # 13297C Credit On Ik, N.A. 6801 S, Cimarron Rd. Las Vegas, NV 89113 BILL OF SALE AND ASSIGNMENT OF ACCOUNTS AND RECEIVABLE: ROM SHERMAN ORIGINATOR III LLC TO MIDLAND CREDIT MANAGEMENT, INC. Sherman Originator IIT LLC (“Seller”), the owner of certain accounts and associated receivables (hereinafter referred to collectively as “Purchased Accounts”), for value received and in accordance with the terms of the Purchase and Sale Agreement, by and between Seller and Midland Credit Management, Inc. (“Buyer”), dated as of January 21, 2019 (“Agreement”), does hereby sell, assign and transfer to Buyer, its successors and assigns, all right, title and interest in and to the Purchased Accounts as described on the computer file named 20191217_ChgOff_Final_Sale_Excel_CreditOne_Encore_Decl9_628917_684611-1_append data (the “Computer File”), a copy of which is attached hereto and incorporated herein by reference as “Exhibit A”. This Bill of Sale and Assignment of Accounts and Receivables is subject to the terms of the Agreement and is made without representations and warranties of any kind or character except as expressly stated in the Agreement, or as expressly stated below. With respect to information for the Purchased Accounts described in the related Computer File, to the best of Seller’s knowledge, Seller represents and warrants to Buyer that such information (i) is materially complete and accurate; (ii) constitutes Seller’s own business records that pertain to the Purchased Accounts and accurately reflects in all material respects the information in Seller’s database; (iii) was kept in the regular course of Seller’s business; (iv) was made, entered or compiled in the regular course of business; (v) was recorded at or near the time the underlying activity occurred, by a person with knowledge of the data recorded; (vi) has been accurately maintained in Seller’s database since it was recorded there; and (vii) it is the regular practice of Seller’s business to maintain and compile such data. This Bill of Sale and Assignment of Accounts and Receivables may be entered as evidence of ownership for any of the Purchased Accounts conveyed hereby. Closing date: December 20, 2019 SHERMAN ORIGINATOR II LLC y: Aaa? ce Name: [I Ton pay p2aer Title: U ‘ A MIDLAND.CREDIT MANAGEMENT, INC. By: Nate: Sarat. Go$4 rade Title: hue t Betwer Bere lggn~-F EXHIBIT A ACCOUNT SCHEDULE The Purchased Accounts pursuant to the BILL OF SALE AND ASSIGNMENT OF ACCOUNTS AND RECEIVABLES FROM SHERMAN ORIGINATOR III LLC TO MIDLAND CREDIT MANAGEMENT, INC. that are specifically identified in the electronic file named 20191217_ChgOff_Final_Sale_Excel_CreditOne_Encore_Dec19_628917_684611-1_append data with such electronic file incorporated herein by reference. Exhibit F AFFIDAVIT OF SALE OF ACCOUNTS BY SHERMAN ORIGINATOR II LLC State of South Carolina County of Charleston I, Jon Mazzoli, hereby affirm as follows: 1 I am over 18 and not a party to this action. I am a Vice President of Sherman Originator III LLC (“Sherman Originator III LLC”). In that capacity, I have access to certain books and records of Sherman Originator III LLC and certain of its subsidiaries and affiliates (as defined by common control) (collectively, “Sherman”), and am aware of the process of the sale and assignment of electronically stored business records. 2 Sherman Originator III LLC owns certain accounts and maintains and records information in its business records as those records relate to such accounts. I am authorized to make the statements and representations set forth in this affidavit on behalf of Sherman Originator III LLC. The statements set forth herein are true and correct to the best of my knowledge, information, and belief, based on either personal knowledge or review of the business records of Sherman Originator III LLC. 3 On December 20, 2019 (the “Sale Date”), Sherman Originator III LLC sold a pool of charged-off accounts, and receivables due and owing associated with those accounts (hereinafter referred to collectively as “Purchased Accounts”), described on the computer file which specifically references each account in the data file, named 20191217_ChgOff_Final_Sale_Excel_CreditOne_Encore_Dec19_628917_684611- 1_append data (the “Computer File”) by a Purchase and Sale Agreement and a Bill of Sale and Assignment to Midland Credit Management, Inc. (the “Buyer”) (such transaction being the “Sale”). The originating creditor, charge-off creditor, and prior servicer of the Purchased Accounts was Credit One Bank, N.A. 4 Pursuant to the Sale, Sherman Originator III LLC sold, transferred, assigned, conveyed, granted, bargained, set over and delivered to the Buyer and its successors and assigns as of the Sale Date: (i) good and marketable title to the Purchased Accounts; (ii) the right to any future payments made arising out of the Purchased Accounts, (iii) any unpaid balance related to the Purchased Accounts, and (iv) all account documents in Sherman Originator III LLC’s possession. All of the assets transferred to Buyer were transferred free and clear of any encumbrance, equity, lien, pledge, charge, claim or security interest of any kind. I am not aware of any errors or defects related to the Purchased Accounts, the Computer File, the account documents, or Sherman Originator III LLC’s ownership of and title to the Purchased Accounts, 5. In connection with the Sale of the Purchased Accounts, various records in different formats were transferred to or otherwise made available to the Buyer (the “Business Records”). As part of my regular job duties, I have knowledge of and access to Business Records relating to the Purchased Accounts. These Business Records were kept by Sherman Originator III LLC in the regular course of business. It was within Sherman Originator III LLC’s regular course of business for a representative with personal knowledge of the act, event, condition, or opinion recorded to make memorandums or records or to transmit information thereof to be included in memorandums or records. Any such memorandums or records were created at or near the time of the act or event recorded or reasonably soon thereafter. To the extent that the Business Records include records that were prepared by a third party, an agent, an affiliate, or a subsidiary, those records were incorporated into the records of Sherman Originator III LLC becoming part of its own Business Records. [signatures included on following page] The above statements are true to the best of my knowledge. Signed this AO th day of January, 2020 JON MAZZOLI mM al Affirmed fo and cubsebival before me this 7Z oth day of January, 2020 AH » Notary nis. yf, ioeo ee my c e we Rov CERTIFICATE OF CONFORMITY I, Meghan Emmerich , an attorney-at-law admitted to practice in the State of South Carolina and fully acquainted with the laws of the State of South Carolina pertaining to the acknowledgement or proof of deeds of real property to be recorded therein, do hereby certify that I am duly qualified to make this certificate of conformity and that the acknowledgement or proof upon the affidavits of merit were taken by Savannah Ramsey, notary public in the State of South Carolina, in the manner prescribed by the laws of the State of South Carolina and conforms to the laws thereof in all respects. IN WITNESS WHEREOF, I have hereunto set my signature, on January 30, 2020. f net AL Z VUE LL Z oe Megha E erich Att ey at Lay, State of South Carolina ft EXHIBIT B CREDIT ONE BANK CREDIT CARD STATEMENT ‘Account Numbe 1358 ‘October 23, 2019to November 22, 2019 ‘SUMMARY OF ACCOUNT ACTIVITY PAYMENT INFORMATION Previous Balance 5135212 New Balance $1,424.54 Payments 00 Past Due Amount $396.05 Other Credits $0.00 ‘Amount Due This Period $1,063.49 $0.00 Minimum Payment Due $4,424.54 Cash Advances $0.00 Payment Due Date 128/19 Foes Charged $40.00 Late Payment Warning: Interest Charged $22.42 lf we do not receive your minimum payment by the date listed above, New Balance $1,424.54 ‘you may have to pay alate fee up to Credit Limit soo 00 Minimum Payment Waming: Available Credit Ityou make only the minimum payment each pettod, you will pay more in Interest and it will take you longer to pay off your balance. ‘Statement Cl Date 1172219 Days in Billing Cycle 3t For example: you make no ‘You wil pay off the ‘And you will QUESTIONS? ‘additional charges lance shown on ‘end up paying Call Customer Service or Report using this card and the statementin ‘an estimated a Lost or Stolen Creait Card 1-877-825-3242 ‘each month you pay. bout total of. Outside the U.S. Call 1-702-408-2042 (Only the minimum, Please send biling inquiries and correspondence to: payment 1 months, $1,425.00 P.O. Box 98873, Las Vegas, NV 89193-8873 If you would lke 2 location for credit counseling services, call 1-866-515-5720. ‘TRANSACTIONS Reference Number Trans Date Post Date Description of Transaction or Credit Amount Fees FaSSSO0AG000CYLAC 11/22 11122 ANNUAL FEE 12/19 THROUGH 12/19 5.00 11/22 11122 LATE FEE 35.00 TOTAL FEES FOR THIS PERIOD 40.00 Interest Charged 11122 11122 Interest Charge on Purchases 22.42 11122 11722 Interest Charge on Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD 22.42 2019 Totals Year-to-Date Total fees charged in 2019 $369.90 Total interest charged in 2019 $164.46 ‘Your account is currently closed. INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Balance Subject to Tyre of Balance ‘Annual Percentage Rate (APR) In Rate Interest Charge 21.65%(v) $1,242.79 $22.42 ‘Cash Advances 21.65%) $0.00 ‘$0.00 (v) = Variable Rate 5385 JBH 004 7 2 1911220 CXPAGE 1 of 1 20 8555 4510 M154 O1GR5385 Please ratun tis portion with your payment, and wrt your account numbar on your check, made payable to CREDIT ONE BANK. sng CreditOnie PAY YOUR BILL ONLINE at CreditOneBank.com ‘Account Number: SORE1350 New Balance: $1,424.54 Minimum Payment Que: $1,424.54 For address, telephone and email changes, Payment Dus Date: 42a please complete the reverse side. (Or, update your contact information oniine ‘at www.CreditOneBank.com. AMOUNT ENCLOSED: s | Lavelle solelsbeleal MH oseelt La leb bil ceases CREDIT ONE BANK KELLY CHASE PO BOX 60500 3426 SEDGEFIELD DR CITY OF INDUSTRY CA 91716-0500 ‘SAINT CLOUD FL 34772-8540 Us tesslle bal beet lelosees IIb Ha Deels bbl CREDIT ONE BANK CREDIT CARD STATEMENT ‘Account Numbe 1358 April 23, 2019 to May 22, 2019 ‘SUMMARY OF ACCOUNT ACTIVITY PAYMENT INFORMATION Previous Balance 00 New Balance $1,059.23 Payments $827.79 Past Due Amount $31.05 Other Credits ‘Amount Due This Period $88.00 $1,820. i Minimum Payment Due $119.05 ‘Cash Advances 00 Payment Due Date 06/1819 Foes Charged