Preview
INDEX NO. E2020000002
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/20/2022
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 2965156
Book Page CIVIL
Return To: No. Pages: 15
ANTHONY SCOTT POULIN
39 Broadway Suite 1250 Instrument: AFFIRMATION
New York, NY 10006
Control #: 202201201041
Index #: E2020000002
Date: 01/20/2022
LVNV FUNDING LLC Time: 3:23:25 PM
Astacio, Madeline
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING — THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO.
MONROE COUNTY CLERK
MINA
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AFFIDAVIT OF FACTS AND PURCHASE OF ACCOUNT BY
DEBT BUYER PLAINTIFF (Debt Buyer Actions)
The undersigned, being duly sworn, deposes and says:
1 I am an authorized representative of LVNV Funding LLC ("Plaintiff’) and I have access to Plaintiff's books
and records ("Business Records"), including electronic records, relating to the account ("Account") of Madeline
Astacio. The last four digits of the Account number are 5121. In my position, I also have personal knowledge of
Plaintiff's procedures for creating and maintaining its Business Records, including its procedures relating to the
purchase and assignment of consumer credit account Plaintiff's Business Records were made in the regular course
of business and it was the regular course of such busi ess to make the Business Records. The Business Records were
made at or near the time of the events recorded. Based on my knowledge of Plaintiff's Business Records, I have
personal knowledge of the facts set forth in this affidavit.
2. On or about 05/18/2018, Plaintiff purchased or was assigned the Account from Sherman Originator LLC
(the "Purchase"). At that time, Sherman Originator LLC assigned all of its interest in the Account, including the
right to any proceeds from the Account, to Plaintiff. As part of the Purchase, Business Records relating to the
Account were transferred to Plaintiff. Following the Purchase, those Business Records were maintained in the
ordinary course of Plaintiff's business.
3 As set forth in the affidavit(s) of Credit One Bank, N.A., MHC Receivables, LLC and/FNBM, LLC,
Sherman Originator II] LLC and Sherman Originator LLC, submitted herewith, the complete chain of title,
with the date on or about which each sale or assignment of the Account occurred, is as follows:
Credit One Bank, N.A. 4/30/2018
MHC Receivables. LLC and FNBM, LLC 5/18/2018
Sherman Originator II] LLC 18/2018
Sherman Originator LLC 18/2018
4. At this time, Defendant owes $1,389.34 on the Account. This amount includes the charge-off balance of
$1,389.34, post-charge-off interest of $0.00, and post-charge-off fees and charges of $0.00, less post-charge-off
credits or payments made by or on behalf
of the Defendant of $0.00.
WHEREFORE, deponent demands judgment against Defendant for $1,389.34, together with the costs and
disbursements of this action.
The above statements are true and correct to the best of my personal knowledge.
14/01/2020
STATEMENT BY LICENSED NOTARY
STATE OF SOUTH CAROLINA )
) ss
COUNTY OF GREENVILLE )
This instrument was sworn and subscribed before me on the Ist day of April, 2020 by Kathy Yang an Authorized
Representative of LVNV Funding LLG
wi
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Notary Pub
My Commission Expires ~OTAR
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9-16.
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NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/20/2022
CERTIFICATE OF CONFORMITY
T 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 tp 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 Andrew /|Hess, 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 April
1, 2020.
Meghaw Emmerich
Meghan Emmerich
Attorney at Law, State of South Carolina
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NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/20/2022
BILL OF SALE AND ASSIGNME! {| OF ACCOUNTS
FROM CREDIT O ANK, N.A. TO MHC RECEIVABLES, LLC
As of April 30, 2018, 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 cbnveyed, has granted
and has otherwise delivered to MHC Receivables, LLC (“Assignee”), all of Assignor’s right, tile and interest in and
to (i) the charged-off credit card accounts identified on an account level basis in the data file named
CreditOne_Sherman_052018 (the ‘Computer File”). a copy of which is attached hereto and incorporated herein by
reference as “ xhibit 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 ea h
account referenced on the Computer File (collectively hereinafter, the “Accounts”) including, but not limited to, II
claims and rights afforded each Account by virtue of that Account’s corresponding terms and canditions.
The Accounts transferred under the terms of this Bill of Sale and Assignment of Accounts were each
transferred to Assignee
g immediately following charge off for each applicable Account. as shown jn 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 gourse 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, As ignor represents
and warrants to Assignee that the Business Records are materially comple! ind a urate, and thoroughly embody the
information in Assignor 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 iptent of the parties to
transfer the Accounts.
CREDIT ONE BANK, N.A.
Tary Harwood
Vice President
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HIBIT A
ACCOUNT SCHEDULE
The Accounts that are specifically identified in the electronic file named CreditOne_Sherman|
052018 with such
electronic file incorporated herein by reference
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BILL OF SAL ND IGNMENT OF RECEIVABLES
FROM CREDIT ANK. TO MHC RECEIVABLES, LLC,
As of April 30, 2018. for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, Credit One Bank, N.A. ("A nor”) 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_Sherman_052018 (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 Regeivables (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, s shown in the Computer File. This Bill of
Sale and Assignment of Receivables evidences the intent between the parti for the transfer ofthe 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 r ular course of its business. It is in the regular course of business of Assignor for an employce or an authorized
representative with personal knowledge of the act, event, condition, or opinion (collectively “ t”) 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 Re ivables.
CREDIT ONE BANK, N.A.
jar food’
Vice President
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EXHIBIT A
ACCOUNT SCHEDULE
The Accounts that are specifically identified in the electronic file named CreditOne_Sherman|
052018 with such
electronic file incorporated herein by reference
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BILL OF SALE AND ASSIGN JENT OF RECEIVABLES
FROM MHC RECEIVABLES, LLC, TO FNBM, LLC
|
|
As of May 18, 2018, MHC Receivables. LLC (“Assignor”), for good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, has periodically transferred. has sold, has ass}gned, 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_Sherman_052018 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”), ar¢ 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 tha the Business Records are materially complete and
accurate, and thoroughly embody the information in Assignor’s custody and control for the R vables 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
Mark Rufail, Authorized Representative
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EXHIBIT A
ACCOUNT SCHEDULE
The Accounts that are specifically identified in the electronic file named CreditOne_Sherman_|052018, with such
electronic file incorporated herein by reference
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BILL OF SAL) iD ASSIG AEN OF IVABL
FROM FNBM, LL TO ERMAN ORIG 3 TOR I LLC
On May 18, 2018, FNBM, LLC (“Ass ignor™”), for good and valuable consideration, th receipt of which is
hereby acknowledged, hereby transfers, sell signs, conv s, grants and delivers to Sherman Originator [1] 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 a ‘ount level bi sis on the data file titled CreditOne_Sherman_052018 attached hereto
and incorporated by referenci ‘Exhibit A’ and (ii) all claims or rights arising out of or relating to the receivables
(hereinafter the “Receivables”).
With re! ect to information for the Receivables, Assignor represents and wa ants 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 t, 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 As: ee 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
representations.
This Bill of Sale and Assignment of Receivables shall serve as evidence of ownership for any of the
Receivables conveyed hereby
FNBM, LLC
— _ ——
Jon May i, Authorize} Representative
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EXHIBIT A
ACCOUNT SCHEDULE
The Accounts that are specifically identified in the electronic file name CreditOne_Sherman_@52018, with such
electronic file incorporated herein by reference.
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BILL OF SALE AND ASSIGNM TOF ACCOUNTS
FROM MHC RECEIVABLES, LLC TO SHERMAN ORIGINATOR TIT LLC
On May 18, 2018, for good and valuable consideration, the receipt and sufficienc: of which is hereby
acknowledged, MHC Re civables, LLC (“Assignor”), hereby transfers, sells, assigns, conveys, grants and otherwise
delivers to Sherman Originator HI] LLC (“Assignee”), all of Assignor’s, rights title and intetest in and to (i) the
charged-off counts identified on an ‘count level basis in the data file named CreditOne_Sherman_052018 (the
“Computer Fil 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, statement
terms and condition), and (iii) all claims or rights arising out of or relating to each referenced pccount (collectively
hereinafter the “Accounts”) including, but not limited to, all claims and rights afforded each accpunt 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 Assignorin 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 othér 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
ne” te
Mark Rufail, Authorized Representative
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EXHIBIT A
ACCOUNT SCHEDULE
The Accounts that are specifically identified in the electronic file named CreditOne_Sherman 1052018, with such
electronic file incorporated herein by reference
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FECES MONROE COUNTY CLERK 0172072022 03:21 PM
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/20/2022
Transfer and Assignment
Sherman Originator III LLC (“SOLLC III”), without recourse, to the extent permitted by
applicable law, hereby transfers, sells, assigns, conveys, grants and delivers to Sherman
Originator LLC (“SOLLC”) all of its right, title and interest in and to the receivables and other
assets (the “Assets”) identified on Exhibit A, in the Receivable File dated May 07, 2018
delivered by MHC Receivables, LLC and FNBM, LLC on May 18, 2018 for purchase by
SOLLC III on May 18, 2018. The transfer of the Assets included electronically stored business
records
SOLLC, subsequent to the above mentioned transfer, hereby transfers, sells, assigns, conveys,
grants and delivers to LVNV Funding LLC (“LVNV”), the above mentioned Assets. The
transfer of the Assets included electronically stored business records.
Dated: May 18, 2018 Sherman Originator II] LLC
a Delaware bn ryhiwl
By:
Na
Titl fs a
Jon Maz:
Director
Dated: May 18, 2018 Sherman Originator LLC
a Delaware Limited Liability Company
By [Aang
amd. Wevi ranigan
Title: Authorized Representative
Dated: May 18, 2018 LVNV Funding LLC
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a Delaware\Li ited Liab ity\Company
By: n cu
Name: Rusty Kendall |
Title: Authorized Representative
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Exhibit A
Receivables File
05.18.18 CreditOne_Sherman_052018
Transfer Group Portfolio Transfer Batch
524603 33389 N/A
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INDEX NO. E2020000002 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/20/2022 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 2965156 Book Page CIVIL Return To: No. Pages: 15 ANTHONY SCOTT POULIN 39 Broadway Suite 1250 Instrument: AFFIRMATION New York, NY 10006 Control #: 202201201041 Index #: E2020000002 Date: 01/20/2022 LVNV FUNDING LLC Time: 3:23:25 PM Astacio, Madeline Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING — THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO. MONROE COUNTY CLERK MINA 1 of 15 INDE& HOE 2€202000D 002 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/20/2022 AFFIDAVIT OF FACTS AND PURCHASE OF ACCOUNT BY DEBT BUYER PLAINTIFF (Debt Buyer Actions) The undersigned, being duly sworn, deposes and says: 1 I am an authorized representative of LVNV Funding LLC ("Plaintiff’) and I have access to Plaintiff's books and records ("Business Records"), including electronic records, relating to the account ("Account") of Madeline Astacio. The last four digits of the Account number are 5121. In my position, I also have personal knowledge of Plaintiff's procedures for creating and maintaining its Business Records, including its procedures relating to the purchase and assignment of consumer credit account Plaintiff's Business Records were made in the regular course of business and it was the regular course of such busi ess to make the Business Records. The Business Records were made at or near the time of the events recorded. Based on my knowledge of Plaintiff's Business Records, I have personal knowledge of the facts set forth in this affidavit. 2. On or about 05/18/2018, Plaintiff purchased or was assigned the Account from Sherman Originator LLC (the "Purchase"). At that time, Sherman Originator LLC assigned all of its interest in the Account, including the right to any proceeds from the Account, to Plaintiff. As part of the Purchase, Business Records relating to the Account were transferred to Plaintiff. Following the Purchase, those Business Records were maintained in the ordinary course of Plaintiff's business. 3 As set forth in the affidavit(s) of Credit One Bank, N.A., MHC Receivables, LLC and/FNBM, LLC, Sherman Originator II] LLC and Sherman Originator LLC, submitted herewith, the complete chain of title, with the date on or about which each sale or assignment of the Account occurred, is as follows: Credit One Bank, N.A. 4/30/2018 MHC Receivables. LLC and FNBM, LLC 5/18/2018 Sherman Originator II] LLC 18/2018 Sherman Originator LLC 18/2018 4. At this time, Defendant owes $1,389.34 on the Account. This amount includes the charge-off balance of $1,389.34, post-charge-off interest of $0.00, and post-charge-off fees and charges of $0.00, less post-charge-off credits or payments made by or on behalf of the Defendant of $0.00. WHEREFORE, deponent demands judgment against Defendant for $1,389.34, together with the costs and disbursements of this action. The above statements are true and correct to the best of my personal knowledge. 14/01/2020 STATEMENT BY LICENSED NOTARY STATE OF SOUTH CAROLINA ) ) ss COUNTY OF GREENVILLE ) This instrument was sworn and subscribed before me on the Ist day of April, 2020 by Kathy Yang an Authorized Representative of LVNV Funding LLG wi N a DE > Notary Pub My Commission Expires ~OTAR BLS 9-16. OuTH 2 of 15 Page: 1 of 1 | INDH#€xN® E 262000002002 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/20/2022 CERTIFICATE OF CONFORMITY T 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 tp 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 Andrew /|Hess, 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 April 1, 2020. Meghaw Emmerich Meghan Emmerich Attorney at Law, State of South Carolina 3 of 15 INDWSxNOE 220020000 002 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/20/2022 BILL OF SALE AND ASSIGNME! {| OF ACCOUNTS FROM CREDIT O ANK, N.A. TO MHC RECEIVABLES, LLC As of April 30, 2018, 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 cbnveyed, has granted and has otherwise delivered to MHC Receivables, LLC (“Assignee”), all of Assignor’s right, tile and interest in and to (i) the charged-off credit card accounts identified on an account level basis in the data file named CreditOne_Sherman_052018 (the ‘Computer File”). a copy of which is attached hereto and incorporated herein by reference as “ xhibit 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 ea h account referenced on the Computer File (collectively hereinafter, the “Accounts”) including, but not limited to, II claims and rights afforded each Account by virtue of that Account’s corresponding terms and canditions. The Accounts transferred under the terms of this Bill of Sale and Assignment of Accounts were each transferred to Assignee g immediately following charge off for each applicable Account. as shown jn 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 gourse 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, As ignor represents and warrants to Assignee that the Business Records are materially comple! ind a urate, and thoroughly embody the information in Assignor 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 iptent of the parties to transfer the Accounts. CREDIT ONE BANK, N.A. Tary Harwood Vice President 4 of 15 INDH#€xN® E 262000002002 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/20/2022 HIBIT A ACCOUNT SCHEDULE The Accounts that are specifically identified in the electronic file named CreditOne_Sherman| 052018 with such electronic file incorporated herein by reference 5 of 15 INDWSxNOE 220020000 002 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/20/2022 BILL OF SAL ND IGNMENT OF RECEIVABLES FROM CREDIT ANK. TO MHC RECEIVABLES, LLC, As of April 30, 2018. for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Credit One Bank, N.A. ("A nor”) 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_Sherman_052018 (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 Regeivables (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, s shown in the Computer File. This Bill of Sale and Assignment of Receivables evidences the intent between the parti for the transfer ofthe 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 r ular course of its business. It is in the regular course of business of Assignor for an employce or an authorized representative with personal knowledge of the act, event, condition, or opinion (collectively “ t”) 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 Re ivables. CREDIT ONE BANK, N.A. jar food’ Vice President 6 of 15 INDH#€xN® E 262000002002 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/20/2022 EXHIBIT A ACCOUNT SCHEDULE The Accounts that are specifically identified in the electronic file named CreditOne_Sherman| 052018 with such electronic file incorporated herein by reference 7 of 15 | INDH#€xN® E 262000002002 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/20/2022 BILL OF SALE AND ASSIGN JENT OF RECEIVABLES FROM MHC RECEIVABLES, LLC, TO FNBM, LLC | | As of May 18, 2018, MHC Receivables. LLC (“Assignor”), for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has periodically transferred. has sold, has ass}gned, 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_Sherman_052018 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”), ar¢ 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 tha the Business Records are materially complete and accurate, and thoroughly embody the information in Assignor’s custody and control for the R vables 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 Mark Rufail, Authorized Representative 8 of 15 INDH#€xN® E 262000002002 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/20/2022 EXHIBIT A ACCOUNT SCHEDULE The Accounts that are specifically identified in the electronic file named CreditOne_Sherman_|052018, with such electronic file incorporated herein by reference 9 of 15 IND#€xN® E 2620000002002 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/20/2022 BILL OF SAL) iD ASSIG AEN OF IVABL FROM FNBM, LL TO ERMAN ORIG 3 TOR I LLC On May 18, 2018, FNBM, LLC (“Ass ignor™”), for good and valuable consideration, th receipt of which is hereby acknowledged, hereby transfers, sell signs, conv s, grants and delivers to Sherman Originator [1] 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 a ‘ount level bi sis on the data file titled CreditOne_Sherman_052018 attached hereto and incorporated by referenci ‘Exhibit A’ and (ii) all claims or rights arising out of or relating to the receivables (hereinafter the “Receivables”). With re! ect to information for the Receivables, Assignor represents and wa ants 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 t, 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 As: ee 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 representations. This Bill of Sale and Assignment of Receivables shall serve as evidence of ownership for any of the Receivables conveyed hereby FNBM, LLC — _ —— Jon May i, Authorize} Representative 10 of 15 INDH#€xN® E 262000002002 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/20/2022 EXHIBIT A ACCOUNT SCHEDULE The Accounts that are specifically identified in the electronic file name CreditOne_Sherman_@52018, with such electronic file incorporated herein by reference. 11 of 15 oo INDH#€xN® E 262000002002 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/20/2022 BILL OF SALE AND ASSIGNM TOF ACCOUNTS FROM MHC RECEIVABLES, LLC TO SHERMAN ORIGINATOR TIT LLC On May 18, 2018, for good and valuable consideration, the receipt and sufficienc: of which is hereby acknowledged, MHC Re civables, LLC (“Assignor”), hereby transfers, sells, assigns, conveys, grants and otherwise delivers to Sherman Originator HI] LLC (“Assignee”), all of Assignor’s, rights title and intetest in and to (i) the charged-off counts identified on an ‘count level basis in the data file named CreditOne_Sherman_052018 (the “Computer Fil 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, statement terms and condition), and (iii) all claims or rights arising out of or relating to each referenced pccount (collectively hereinafter the “Accounts”) including, but not limited to, all claims and rights afforded each accpunt 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 Assignorin 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 othér 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 ne” te Mark Rufail, Authorized Representative 12 of 15 INDH#€xN® E 262000002002 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/20/2022 EXHIBIT A ACCOUNT SCHEDULE The Accounts that are specifically identified in the electronic file named CreditOne_Sherman 1052018, with such electronic file incorporated herein by reference 13 of 15 | INDH#€xN® E 262000002002 FECES MONROE COUNTY CLERK 0172072022 03:21 PM NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/20/2022 Transfer and Assignment Sherman Originator III LLC (“SOLLC III”), without recourse, to the extent permitted by applicable law, hereby transfers, sells, assigns, conveys, grants and delivers to Sherman Originator LLC (“SOLLC”) all of its right, title and interest in and to the receivables and other assets (the “Assets”) identified on Exhibit A, in the Receivable File dated May 07, 2018 delivered by MHC Receivables, LLC and FNBM, LLC on May 18, 2018 for purchase by SOLLC III on May 18, 2018. The transfer of the Assets included electronically stored business records SOLLC, subsequent to the above mentioned transfer, hereby transfers, sells, assigns, conveys, grants and delivers to LVNV Funding LLC (“LVNV”), the above mentioned Assets. The transfer of the Assets included electronically stored business records. Dated: May 18, 2018 Sherman Originator II] LLC a Delaware bn ryhiwl By: Na Titl fs a Jon Maz: Director Dated: May 18, 2018 Sherman Originator LLC a Delaware Limited Liability Company By [Aang amd. Wevi ranigan Title: Authorized Representative Dated: May 18, 2018 LVNV Funding LLC | a Delaware\Li ited Liab ity\Company By: n cu Name: Rusty Kendall | Title: Authorized Representative 14 of 15 IND €xN® E 2620000002002 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/20/2022 Exhibit A Receivables File 05.18.18 CreditOne_Sherman_052018 Transfer Group Portfolio Transfer Batch 524603 33389 N/A 15 of 15