On October 18, 2023 a
Exhibit,Appendix
was filed
involving a dispute between
Tbf Financial, Llc,
and
Kenneth C. Scott Jr.,
Performance Heating And Cooling, Inc,
Sean P. Beardsley,
for Commercial - Contract
in the District Court of Oswego County.
Preview
FILED: OSWEGO COUNTY CLERK 10/18/2023 03:47 PM INDEX NO. EFC-2023-1473
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/18/2023
Exhibit B
FILED: OSWEGO COUNTY CLERK 10/18/2023 03:47 PM INDEX NO. EFC-2023-1473
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/18/2023
EXHIBIT B
BILL OF SALE AND ASSIGNMENT OF ACCOUNTS
Swift Financial, LLC, a limited liability organized under the laws of Delaware
company with an office at
3505 Silverside Rd. W ibnington. DE 19810 ("Seller") hereby absolutely sells, transfers, assigns, sets-over
and conveys to TBF Financial, LLC, a limited organized under the laws of lilinois
liability company with
an office at 740 Waukegan Road, Suite #404, Deerfield, IL 60015, ("Buyer") without recourse and without
representations or warranties, express or implied, of any type, kind or nature except as set forth in the
Agreement (hereinaller defined):
(a) all of Seller's right, title and interest in and to each of the Accounts identified in the
Computer File, and
(b) all principal, interest or other proceeds of any kind with respect to the Accounts, but
excluding any payments or other consideration received by or on behalf of Seller on or
prior to October 22, 2019, with respect to the Accounts.
This Bill of
Sale is being executed and delivered pursuant to and in accordance with the terms and
provisions of that certain Account Sale Agreement made and entered into by and between Seller and Buyer
dated December 19, 2019 (the "Agreement"). The Accounts are defined and described in the Agreement
and are being sold, transferred, assigned, set-over and conveyed hereby subject to the terms, conditions and
provisions set forth in the Agreement.
This Bill of Sale and Assignment of Accounts shall be governed by the laws of the State of Delaware
without regard to the conflicts-of-laws rules thereof.
DATED: December 19, 2019
SELLER: SW I . LC
Bv:
Name: F net is Hor awa
Title: C ief Fin cial Officer
STATE OF MARYLAND )
) ss.
COUNTY OF BALTIMORE )
On December 19, 2019, before me the undersigned appeared Francois
officer, who
personally Horikawa,
acknowledged himself to be the Chief
of Swift Financial Officer
a Delaware limited
Financial, LLC,
liability company, signer and sealer of the foregoing instrument, and that he as such officer, being
authorized so to do, acknowledged the execution of the same to be his free act and deed as such officer and
the free act and deed of said limited company.
liability
IN WITNESS WHEREOF, I hereunto set my hand.
KARE N LYNNKA5KEL
Cominissione f the Superior Court NotaryPubM Wit" of Mar
Public 9"tifimore County yland
Notary my commmionE-onesJui
23.2022
Record Number:
39174188 v I
Page 2 of 18
FILED: OSWEGO COUNTY CLERK 10/18/2023 03:47 PM INDEX NO. EFC-2023-1473
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/18/2023
Computer File of the Bill of Sale and Assignment of Accounts dated December 19, 2019
Purchased Assets
TBF File # Loan ID Merchant Guarantor
Performance Heating And Cooling, Inc. Sean P Beardsley
Kenneth C Scott Jr