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. 5 RECEIVED NYSCEF: 10/18/2023
Exhibit D
FILED: OSWEGO COUNTY CLERK 10/18/2023 03:47 PM INDEX NO. EFC-2023-1473
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/18/2023
EXHIBIT B
BILL OF SALE AND ASSIGNMENT OF ACCOUNTS
Swift Financial, I LC, a limited liability organized under the laws of Delaware with an office at
company
3505 Siherside Rd. Wilmington. DE I9810 ("Seller") hereby absolutely sells, transfers, assigns, sets-over
and conveys to TBF Financial, LLC, a limited organized under the laws of Illinois
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 (hereinafter 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, set-over and conveyed
assigned, 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 F IN IA , LC
By:
Name: F medRs Ilo awa
Title: C ief Fin· cial Officer
.
STATE OF MARYLAND )
) ss.
COUNTY OF BALTIMORE )
On December 19, 2019, before me the undersigned appeared officer,
Francois
personally Horikawa, who
acknowledged himself to be the Chief Financial of Swift Officer
LLC, a Delaware limited
Financial,
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 liability company.
IN WITNESS WHEREOF, I hereunto set my hand.
40 L
KAREN
- - - - - - -
LVNNKA5KEt
Commissione f the Superior Lourt NOLary
Pubut 5tattaof Ar yhtnd
Notary Public nananorecounty
Record Number:
39174188 \ |
Page 2 of 18
FILED: OSWEGO COUNTY CLERK 10/18/2023 03:47 PM INDEX NO. EFC-2023-1473
NYSCEF DOC. NO. 5 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
Preview
FILED: OSWEGO COUNTY CLERK 10/18/2023 03:47 PM INDEX NO. EFC-2023-1473 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/18/2023 Exhibit D FILED: OSWEGO COUNTY CLERK 10/18/2023 03:47 PM INDEX NO. EFC-2023-1473 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/18/2023 EXHIBIT B BILL OF SALE AND ASSIGNMENT OF ACCOUNTS Swift Financial, I LC, a limited liability organized under the laws of Delaware with an office at company 3505 Siherside Rd. Wilmington. DE I9810 ("Seller") hereby absolutely sells, transfers, assigns, sets-over and conveys to TBF Financial, LLC, a limited organized under the laws of Illinois 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 (hereinafter 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, set-over and conveyed assigned, 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 F IN IA , LC By: Name: F medRs Ilo awa Title: C ief Fin· cial Officer . STATE OF MARYLAND ) ) ss. COUNTY OF BALTIMORE ) On December 19, 2019, before me the undersigned appeared officer, Francois personally Horikawa, who acknowledged himself to be the Chief Financial of Swift Officer LLC, a Delaware limited Financial, 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 liability company. IN WITNESS WHEREOF, I hereunto set my hand. 40 L KAREN - - - - - - - LVNNKA5KEt Commissione f the Superior Lourt NOLary Pubut 5tattaof Ar yhtnd Notary Public nananorecounty Record Number: 39174188 \ | Page 2 of 18 FILED: OSWEGO COUNTY CLERK 10/18/2023 03:47 PM INDEX NO. EFC-2023-1473 NYSCEF DOC. NO. 5 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