Preview
FILED: BROOME COUNTY CLERK 09/29/2021 04:34 PM INDEX NO. EFCA2021001409
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/29/2021
AFFIDAVIT OF PURCHASE AND SALE OF ACCOUNT BY DEBT SELLER
(Debt Buyer Actions)
The undersigned, being duly sworn, deposes and says:
1. I am an authorized representative of Sherman Originator 111LLC ("Debt Seller") and I have personal knowledge of and
access to Debt Seller's books and records ("Business Records"), including electronic records, relating to a pool of charged-off
consumer credit accounts purchased by or assigned to the Debt Seller from MHC Receivables, LLC and FNBM, LLCon or about
10/15/2019 (the "Purchase"), which included the account ("Account") of the consumer ("Consumer") identified in the exhibits
attached hereto and incorporated herein. As part of the Purchase, MHC Receivables, LLC and FNBM, LLC assigned all of its
interest in the Account, including the right to any proceeds from the Account, to Debt Seller, and it transferred Business Records
relating to the Account to Debt Seller.
2. In my position, I also have personal knowledge of Debt Seller's procedures for creating and maintaining its Business
Records, including its prGcedures relating to the purchase, sale and assigñrñent of consumer credit accounts. Debt Seller's
Business Records were made in the regular course of business, and it was the regular course of such business to make the
Business Records. The Business Records were made at or near the time of the events recorded. Based on my kñGw|êdge of Debt
Seller's Business Records, I have personal knowledge of the facts set forth in this affidavit.
3. On or about 10/15/2019 Debt Seller sold or assigned a pool of charged-off consumer credit accounts to Sherman
Originator LLC (the "Sale"), which included the Account of the Consumer. At that time, Debt Seller assigned all of its interest in
the Account, including the right to any proceeds from the Account, to Sherman Originator LLC. As part of the Sale, Business
Records relating to the Account were transferred toSherman Originator LLC. Prior to the Sale, those Business Records had been
created and maintained in the ordinary course of Debt Seller's business. A true and correct copy of the bill of sale or written
assignment of the Account is attached as an exhibit to this affidavit.
4. At the time of Sale, Consumer owed the amount set forth in an exhibit attached hereto and made a part hereof, which
also sets forth the amount of the charge-off balance and, the total amounts, if applicable, of any post-charge-off interest and
post-charge-off fees and charges, less any post-charge-off credits or payments made by or on behalf of the Consumer.
The above statements are true and correct to the best of my personal knowledge.
Shanekqua Williams
Authorized Representative of
Sherman Originator III LLC
Dated: 09/15/2021
STATEMENT BY LICENSED NOTARY
STATE OF SOUTH CAROLINA )
) ss.
COUNTY OF GREENVILLE )
This instrument was sworn and subscribed before me on the 15th day of September, 2021 by Shanekqua Williams, an
Authorized Representative of Sherman Originator 111LLC.
##™¾ Notary Public
O O
, My Commission Expires:
561,686634518,3818336
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NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/29/2021
CERTIFICATE OF CONFORMITY
I, Tyler Dolphin , 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 Antonia Young , 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
September 15,2021.
Tyler Dolphin
Atto ney at Law, State of South Carolina
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"B"
Appendix
Debt Seller Account Data Sheet
Data to Sherman Originator LLC
Sale Date: 10/15/2019
Orig Creditor Acet Number: XXXXXXXXXXI513
Account Open Date: 12/08/2016
Charge-off Amount: $1,394.70
Charge-off Date: 09/19/2019
Consumer Last four digits of SSN: XXX-XX-1769
Consumer First Name: Mark
Consumer Middle Name:
Consumer Last Name: Vymislicky
Consumer Suffix:
Consumer Residence Addrs 1: 31 Ketchum Hill Rd
Consumer Residence Addrs 2:
Consumer City: Port Crane
Consumer State: NY
Consumer Zip Code: 13833-1113
Post-Charge-off Interest: $.00
Post-Charge-off Fees: $.00
Post-Charge-off Credits or Payments Made: $.00
Last Payment Amount: $50.00
Last Payment Date: 02/18/2019
Balance Due at time of Sale: $1,394.70
Page 2/2
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FILED: BROOME COUNTY CLERK 09/29/2021 04:34 PM INDEX NO. EFCA2021001409
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/29/2021
BILL OF SALE AND ASSIGNMENT OF ACCOUNTS
FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES. LLC
As of Scp'.c;;."c; 30, 2019, for good and valuable consiileration, the receipt and sufficiency of which is
(" Assignor"
hereby acl nowledged. Credit One Bank, N.A. ) has transferred, has sold. has assigned. has conveyed, has
(" Assignee"
granted and has otherwise delivered to MHC Receivables. LLC ), 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
File"
CreditOne Sherman 102019 (the 'Computer ), a copy of vvhich is attached hereto ancl 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 io each
"Accounts"
account referenced on the Computer File (collectively hereinaf'ter, the ) including, but not limited to, all
claims and rights afforcled each Account by virtue nf that Account's corresponding terms and conditions.
ol'
The Accounts transferred under the terms this Bill of Sale and Assignment nf Accounts were each
foi'
transferred to Assignee immediately follov ing charge off each applicable Account. as shown in the Computer File.
With respect to information for the Accounts, Assignor represents and vvarrants io Assignee thai the business
records conveyed io Assignee relating io: (i) the Accounts issued hy Assignor: and (ii) the sale and assignment of
Records"
Accounts by Assi nor (collectively. the "Business ), are kepi by Assignor in the I'egular course of iis business.
Ii is in thc regular course of business for an cntployee
of Assignor or an authorized representative with personal
-Event"
I nowlcdge of the act, event, condition. or opinion
(collectively ) to be recorded, tn make the appropriate
ol'
memorandum or recording of the Event at or reasonably near the time the Event. Furthermore, Assignor represents
and v'arrants to Assignee that the Business Records are materially complete and accurate, and thoroughly the
ol' embody
inlormation in Assignor'scustody and control for ihe Accounts from their creation until the time transfer to
Assignee. These representations and ivarranties are intentled io augl11cnt ally other representations and walraniies the
parties may have in place and noi supplant any other existing vvarranties and representations.
ol'
This Bill of Sale and Assignmcnt Accounts shall serve as evidence of ownership for the Accounts
conveyed hereby and shall serve as an tcknowledgntent, as ratification, and as evidence of the intent of the parties to
transfer the Accounts.
CREDIT ONE BANK, N.A.
Ga y Har ood
Vice President
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EXHIBIT A
ACCOUNT SCHEDULE
The Accounts that are specifically identified in the electronic file named CreditOne__Sherman_102019 with such
electronic file incorporated herein by reference.
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B_ILL OF SALE AND ASSIGNMENT OF RECEIVABLES
FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES, LLC
As of Septeinber 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 _Sherman_102019 (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.
ary ÓIar od
Vice President
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NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/29/2021
EXHIBIT A
ACCOUNT SCHEDULE
The Accounts that are specifically identified in the electronic file named CreditOne__Sherman_102019 with such
electronic file incorporated herein by reference.
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BILL OF SALE AND ASSIGNMENT OF RECE1YABLES
FROM MHC RECEIVABLES, LLC, TO FNBM, LLC
As of October 15, 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 sprifically referenced for each of the accounts on an account level basis on
the data file titled CreditOne_Sherman_102019 attached hereto and iñcorporated 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 ofSale and A:;signment 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 speciñce!!y identified in the electronic file named CreditOne_She-man-192019 , with such
electronic file incorporated herein by reference.
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.
BILL OF SALE AND ASSIGNMENT OF RECEIVABLES
FROM FNBM, LLC, TO SHERMAN ORIGINATOR III LLC
On October 15, 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 III 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-102019 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 wan·ants 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
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 M· z_oli, Aut o zed Representative
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EXHIBIT A
ACCOUNT SCHEDULE
The Accounts that are specifically identified in the electzede file name CreditOne_Sherman.102019 , with such
electronic file incorporated berein by reference.
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BILL OF SALE AND ASSIGNMENT OF ACCOUNTS
FROM MHC RECE1VABLES, LLC TO SHERMAN ORIGINATOR III LLC
On October 15, 2019, for good and valuable consideration, the receipt and sufficiency of which is hereby
acknGwlôdged, MHC Receivables, LLC ("Assignor"), hereby transfers, sells, assigns, conveys, grants and otherwise
delivers to Sherman Originator 111LLC ("Assignee"), all of Assignor's, rights title and interest in and to (1) the
charged-off accounts idêntif cd on an account level basis in the data file named Credit0ne_Sherman-102019 (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 epplicadens, statements,
terms and condition), and (iii) all claims or rights arising out of or relating to each referenced account (collectively
heminafter 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 memora ndum 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 represcatations and wasaniics are intended to augment
the parties may have in place and not supplant any other existing warra adas
any other representations and warranties
and representations.
This Bill of Sale and Assigniiicñt of Accounts shall serve as evidence of ownership for any of the Accounts
conveyed hereby.
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_102019 , with such
electronic file incorporated herein by reference.
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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 October 02, 2019
delivered by MHC Receivables, LLC and FNBM, LLC on October 15, 2019 for purchase by
SOLLC Ill on October 15, 2019. 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: October 15, 2019 Sherman Originator III LLC
a Delaware Limited Liability Cpmpany
By:
Na : Jon Maz
Titl : Director
October Shennan Originator LLC
Dated: 15, 2019
a Delaware Limited Liability Company
By: / )J(lb-Ó
ame: Jackson Walker
itle: Authorized Representative
LVNV LLC
Dated: October 15, 2019 Funding
a Delaware Limited Liability Company
Name: Daniel Picciano
Title: Authorized Representative
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NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/29/2021
Exhibit A
Receivables File
10.15.19 CreditOne_Fresh_Sherman_102019
Transfer Group Partfólio Transfer Batch
616738 36082 N/A
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NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/29/2021
AFFIDAVIT OF PURCHASE AND SALE OF ACCOUNT BY DEBT SELLER
(Debt Buyer Actions)
The undersigned, being duly sworn, deposes and says:
1. 1 am an authorized representative of Sherman Originator LLC ("Debt Seller") and I have personal knowledge of and
access to Debt Seller's books and records ("Business Records"), including electronic records, relating to a pool of charged-off
consumer credit accounts purchased by or assigned to the Debt Seller from Sherman Originator lil LLC on or about 10/15/2019
(the "Purchase"), which included the account ("Account") of the consumer ("Consumer") identified in the exhibits attached
hereto and incorporated herein. As part of the Purchase, Sherman Originator lli LLC assigned all of its interest in the Account,
including the right to any proceeds from the Account, to Debt Seller, and it transferred Business Records relating to the Account
to Debt Seller.
2. In my position, I also have personal knowledge of Debt Seller's procedures for creating and maintaining its Business
Records, including its piecedures relating to the purchase, sale and assignment of consumer credit accounts. Debt Seller's
Business Records were made in the regular course of business, and it was the regular course of such business to make the
Business Records. The Business Records were made at or near the time of the events recorded. Based on my knowledge of Debt
Seller's Business Records, I have personal knowledge of the facts set forth in this affidavit.
3. On or about 10/15/2019 Debt Seller sold or assigned a pool of charged-off consumer credit accounts to LVNV Funding
LLC (the "Sale"), which included the Account of the Consumer. At that time, Debt Seller assigned all of its interest in the
Account, including the right to any proceeds from the Account, toLVNV Funding LLC. As part of the Sale, Business Records
relating to the Account were transferred toLVNV Funding LLC. Prior to the Sale, those Business Records had been created and
maintained in the ordinary course of Debt Seller's business. A true and correct copy of the bill of sale or written assignment of
the Account is attached as an exhibit to this affidavit.
4. At the time of Sale, Consumer owed the ailicüiit set forth in an exhibit attached hereto and made a part hereof, which
also sets forth the amount of the charge-off balance and, the total amounts, if app!!cable, of any post-charge-off interest and
post-charge-off fees and charges, less any post-charge-off credits or payiiaeiits made by or on behalf of the Consumer.
The above statements are true and correct to the best of my personal knowledge.
Arlah Klugh
Authorized Representative of
Sherman Originator LLC
Dated: 09/15/2021
STATEMENT BY LICENSED NOTARY
STATE OF SOUTH CAROLINA )
) ss.
COUNTY OF GREENVILLE )
This instrument was sworn and subscribed before me on the15th day of September, 2021 by Arlah Klugh, an Authorized
Representative of Sherman Originator LLC.
Notary Public
My Commission Expires:
Page 1/2
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NYSCEF DOC. NO. 8
Preview
FILED: BROOME COUNTY CLERK 09/29/2021 04:34 PM INDEX NO. EFCA2021001409 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/29/2021 AFFIDAVIT OF PURCHASE AND SALE OF ACCOUNT BY DEBT SELLER (Debt Buyer Actions) The undersigned, being duly sworn, deposes and says: 1. I am an authorized representative of Sherman Originator 111LLC ("Debt Seller") and I have personal knowledge of and access to Debt Seller's books and records ("Business Records"), including electronic records, relating to a pool of charged-off consumer credit accounts purchased by or assigned to the Debt Seller from MHC Receivables, LLC and FNBM, LLCon or about 10/15/2019 (the "Purchase"), which included the account ("Account") of the consumer ("Consumer") identified in the exhibits attached hereto and incorporated herein. As part of the Purchase, MHC Receivables, LLC and FNBM, LLC assigned all of its interest in the Account, including the right to any proceeds from the Account, to Debt Seller, and it transferred Business Records relating to the Account to Debt Seller. 2. In my position, I also have personal knowledge of Debt Seller's procedures for creating and maintaining its Business Records, including its prGcedures relating to the purchase, sale and assigñrñent of consumer credit accounts. Debt Seller's Business Records were made in the regular course of business, and it was the regular course of such business to make the Business Records. The Business Records were made at or near the time of the events recorded. Based on my kñGw|êdge of Debt Seller's Business Records, I have personal knowledge of the facts set forth in this affidavit. 3. On or about 10/15/2019 Debt Seller sold or assigned a pool of charged-off consumer credit accounts to Sherman Originator LLC (the "Sale"), which included the Account of the Consumer. At that time, Debt Seller assigned all of its interest in the Account, including the right to any proceeds from the Account, to Sherman Originator LLC. As part of the Sale, Business Records relating to the Account were transferred toSherman Originator LLC. Prior to the Sale, those Business Records had been created and maintained in the ordinary course of Debt Seller's business. A true and correct copy of the bill of sale or written assignment of the Account is attached as an exhibit to this affidavit. 4. At the time of Sale, Consumer owed the amount set forth in an exhibit attached hereto and made a part hereof, which also sets forth the amount of the charge-off balance and, the total amounts, if applicable, of any post-charge-off interest and post-charge-off fees and charges, less any post-charge-off credits or payments made by or on behalf of the Consumer. The above statements are true and correct to the best of my personal knowledge. Shanekqua Williams Authorized Representative of Sherman Originator III LLC Dated: 09/15/2021 STATEMENT BY LICENSED NOTARY STATE OF SOUTH CAROLINA ) ) ss. COUNTY OF GREENVILLE ) This instrument was sworn and subscribed before me on the 15th day of September, 2021 by Shanekqua Williams, an Authorized Representative of Sherman Originator 111LLC. ##™¾ Notary Public O O , My Commission Expires: 561,686634518,3818336 1 of 30 FILED: BROOME COUNTY CLERK 09/29/2021 04:34 PM INDEX NO. EFCA2021001409 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/29/2021 CERTIFICATE OF CONFORMITY I, Tyler Dolphin , 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 Antonia Young , 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 September 15,2021. Tyler Dolphin Atto ney at Law, State of South Carolina 2 of 30 FILED: BROOME COUNTY CLERK 09/29/2021 04:34 PM INDEX NO. EFCA2021001409 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/29/2021 "B" Appendix Debt Seller Account Data Sheet Data to Sherman Originator LLC Sale Date: 10/15/2019 Orig Creditor Acet Number: XXXXXXXXXXI513 Account Open Date: 12/08/2016 Charge-off Amount: $1,394.70 Charge-off Date: 09/19/2019 Consumer Last four digits of SSN: XXX-XX-1769 Consumer First Name: Mark Consumer Middle Name: Consumer Last Name: Vymislicky Consumer Suffix: Consumer Residence Addrs 1: 31 Ketchum Hill Rd Consumer Residence Addrs 2: Consumer City: Port Crane Consumer State: NY Consumer Zip Code: 13833-1113 Post-Charge-off Interest: $.00 Post-Charge-off Fees: $.00 Post-Charge-off Credits or Payments Made: $.00 Last Payment Amount: $50.00 Last Payment Date: 02/18/2019 Balance Due at time of Sale: $1,394.70 Page 2/2 3 of 30 FILED: BROOME COUNTY CLERK 09/29/2021 04:34 PM INDEX NO. EFCA2021001409 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/29/2021 BILL OF SALE AND ASSIGNMENT OF ACCOUNTS FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES. LLC As of Scp'.c;;."c; 30, 2019, for good and valuable consiileration, the receipt and sufficiency of which is (" Assignor" hereby acl nowledged. Credit One Bank, N.A. ) has transferred, has sold. has assigned. has conveyed, has (" Assignee" granted and has otherwise delivered to MHC Receivables. LLC ), 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 File" CreditOne Sherman 102019 (the 'Computer ), a copy of vvhich is attached hereto ancl 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 io each "Accounts" account referenced on the Computer File (collectively hereinaf'ter, the ) including, but not limited to, all claims and rights afforcled each Account by virtue nf that Account's corresponding terms and conditions. ol' The Accounts transferred under the terms this Bill of Sale and Assignment nf Accounts were each foi' transferred to Assignee immediately follov ing charge off each applicable Account. as shown in the Computer File. With respect to information for the Accounts, Assignor represents and vvarrants io Assignee thai the business records conveyed io Assignee relating io: (i) the Accounts issued hy Assignor: and (ii) the sale and assignment of Records" Accounts by Assi nor (collectively. the "Business ), are kepi by Assignor in the I'egular course of iis business. Ii is in thc regular course of business for an cntployee of Assignor or an authorized representative with personal -Event" I nowlcdge of the act, event, condition. or opinion (collectively ) to be recorded, tn make the appropriate ol' memorandum or recording of the Event at or reasonably near the time the Event. Furthermore, Assignor represents and v'arrants to Assignee that the Business Records are materially complete and accurate, and thoroughly the ol' embody inlormation in Assignor'scustody and control for ihe Accounts from their creation until the time transfer to Assignee. These representations and ivarranties are intentled io augl11cnt ally other representations and walraniies the parties may have in place and noi supplant any other existing vvarranties and representations. ol' This Bill of Sale and Assignmcnt Accounts shall serve as evidence of ownership for the Accounts conveyed hereby and shall serve as an tcknowledgntent, as ratification, and as evidence of the intent of the parties to transfer the Accounts. CREDIT ONE BANK, N.A. Ga y Har ood Vice President 4 of 30 FILED: BROOME COUNTY CLERK 09/29/2021 04:34 PM INDEX NO. EFCA2021001409 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/29/2021 EXHIBIT A ACCOUNT SCHEDULE The Accounts that are specifically identified in the electronic file named CreditOne__Sherman_102019 with such electronic file incorporated herein by reference. 5 of 30 FILED: BROOME COUNTY CLERK 09/29/2021 04:34 PM INDEX NO. EFCA2021001409 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/29/2021 B_ILL OF SALE AND ASSIGNMENT OF RECEIVABLES FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES, LLC As of Septeinber 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 _Sherman_102019 (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. ary ÓIar od Vice President 6 of 30 FILED: BROOME COUNTY CLERK 09/29/2021 04:34 PM INDEX NO. EFCA2021001409 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/29/2021 EXHIBIT A ACCOUNT SCHEDULE The Accounts that are specifically identified in the electronic file named CreditOne__Sherman_102019 with such electronic file incorporated herein by reference. 7 of 30 FILED: BROOME COUNTY CLERK 09/29/2021 04:34 PM INDEX NO. EFCA2021001409 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/29/2021 BILL OF SALE AND ASSIGNMENT OF RECE1YABLES FROM MHC RECEIVABLES, LLC, TO FNBM, LLC As of October 15, 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 sprifically referenced for each of the accounts on an account level basis on the data file titled CreditOne_Sherman_102019 attached hereto and iñcorporated 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 ofSale and A:;signment 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 30 FILED: BROOME COUNTY CLERK 09/29/2021 04:34 PM INDEX NO. EFCA2021001409 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/29/2021 EXHIBIT A ACCOUNT SCHEDULE The Accounts that are speciñce!!y identified in the electronic file named CreditOne_She-man-192019 , with such electronic file incorporated herein by reference. 9 of 30 FILED: BROOME COUNTY CLERK 09/29/2021 04:34 PM INDEX NO. EFCA2021001409 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/29/2021 . BILL OF SALE AND ASSIGNMENT OF RECEIVABLES FROM FNBM, LLC, TO SHERMAN ORIGINATOR III LLC On October 15, 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 III 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-102019 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 wan·ants 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 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 M· z_oli, Aut o zed Representative 10 of 30 FILED: BROOME COUNTY CLERK 09/29/2021 04:34 PM INDEX NO. EFCA2021001409 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/29/2021 EXHIBIT A ACCOUNT SCHEDULE The Accounts that are specifically identified in the electzede file name CreditOne_Sherman.102019 , with such electronic file incorporated berein by reference. 11 of 30 FILED: BROOME COUNTY CLERK 09/29/2021 04:34 PM INDEX NO. EFCA2021001409 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/29/2021 BILL OF SALE AND ASSIGNMENT OF ACCOUNTS FROM MHC RECE1VABLES, LLC TO SHERMAN ORIGINATOR III LLC On October 15, 2019, for good and valuable consideration, the receipt and sufficiency of which is hereby acknGwlôdged, MHC Receivables, LLC ("Assignor"), hereby transfers, sells, assigns, conveys, grants and otherwise delivers to Sherman Originator 111LLC ("Assignee"), all of Assignor's, rights title and interest in and to (1) the charged-off accounts idêntif cd on an account level basis in the data file named Credit0ne_Sherman-102019 (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 epplicadens, statements, terms and condition), and (iii) all claims or rights arising out of or relating to each referenced account (collectively heminafter 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 memora ndum 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 represcatations and wasaniics are intended to augment the parties may have in place and not supplant any other existing warra adas any other representations and warranties and representations. This Bill of Sale and Assigniiicñt of Accounts shall serve as evidence of ownership for any of the Accounts conveyed hereby. MHC Receivables, LLC Mark Rufail, Authorized Representative 12 of 30 FILED: BROOME COUNTY CLERK 09/29/2021 04:34 PM INDEX NO. EFCA2021001409 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/29/2021 EXHIBIT A ACCOUNT SCHEDULE The Accounts that are specifically identified in the electronic file named Creditone_Sherman_102019 , with such electronic file incorporated herein by reference. 13 of 30 FILED: BROOME COUNTY CLERK 09/29/2021 04:34 PM INDEX NO. EFCA2021001409 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/29/2021 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 October 02, 2019 delivered by MHC Receivables, LLC and FNBM, LLC on October 15, 2019 for purchase by SOLLC Ill on October 15, 2019. 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: October 15, 2019 Sherman Originator III LLC a Delaware Limited Liability Cpmpany By: Na : Jon Maz Titl : Director October Shennan Originator LLC Dated: 15, 2019 a Delaware Limited Liability Company By: / )J(lb-Ó ame: Jackson Walker itle: Authorized Representative LVNV LLC Dated: October 15, 2019 Funding a Delaware Limited Liability Company Name: Daniel Picciano Title: Authorized Representative 14 of 30 FILED: BROOME COUNTY CLERK 09/29/2021 04:34 PM INDEX NO. EFCA2021001409 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/29/2021 Exhibit A Receivables File 10.15.19 CreditOne_Fresh_Sherman_102019 Transfer Group Partfólio Transfer Batch 616738 36082 N/A 15 of 30 FILED: BROOME COUNTY CLERK 09/29/2021 04:34 PM INDEX NO. EFCA2021001409 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/29/2021 AFFIDAVIT OF PURCHASE AND SALE OF ACCOUNT BY DEBT SELLER (Debt Buyer Actions) The undersigned, being duly sworn, deposes and says: 1. 1 am an authorized representative of Sherman Originator LLC ("Debt Seller") and I have personal knowledge of and access to Debt Seller's books and records ("Business Records"), including electronic records, relating to a pool of charged-off consumer credit accounts purchased by or assigned to the Debt Seller from Sherman Originator lil LLC on or about 10/15/2019 (the "Purchase"), which included the account ("Account") of the consumer ("Consumer") identified in the exhibits attached hereto and incorporated herein. As part of the Purchase, Sherman Originator lli LLC assigned all of its interest in the Account, including the right to any proceeds from the Account, to Debt Seller, and it transferred Business Records relating to the Account to Debt Seller. 2. In my position, I also have personal knowledge of Debt Seller's procedures for creating and maintaining its Business Records, including its piecedures relating to the purchase, sale and assignment of consumer credit accounts. Debt Seller's Business Records were made in the regular course of business, and it was the regular course of such business to make the Business Records. The Business Records were made at or near the time of the events recorded. Based on my knowledge of Debt Seller's Business Records, I have personal knowledge of the facts set forth in this affidavit. 3. On or about 10/15/2019 Debt Seller sold or assigned a pool of charged-off consumer credit accounts to LVNV Funding LLC (the "Sale"), which included the Account of the Consumer. At that time, Debt Seller assigned all of its interest in the Account, including the right to any proceeds from the Account, toLVNV Funding LLC. As part of the Sale, Business Records relating to the Account were transferred toLVNV Funding LLC. Prior to the Sale, those Business Records had been created and maintained in the ordinary course of Debt Seller's business. A true and correct copy of the bill of sale or written assignment of the Account is attached as an exhibit to this affidavit. 4. At the time of Sale, Consumer owed the ailicüiit set forth in an exhibit attached hereto and made a part hereof, which also sets forth the amount of the charge-off balance and, the total amounts, if app!!cable, of any post-charge-off interest and post-charge-off fees and charges, less any post-charge-off credits or payiiaeiits made by or on behalf of the Consumer. The above statements are true and correct to the best of my personal knowledge. Arlah Klugh Authorized Representative of Sherman Originator LLC Dated: 09/15/2021 STATEMENT BY LICENSED NOTARY STATE OF SOUTH CAROLINA ) ) ss. COUNTY OF GREENVILLE ) This instrument was sworn and subscribed before me on the15th day of September, 2021 by Arlah Klugh, an Authorized Representative of Sherman Originator LLC. Notary Public My Commission Expires: Page 1/2 16 of 30 FILED: BROOME COUNTY CLERK 09/29/2021 04:34 PM INDEX NO. EFCA2021001409 NYSCEF DOC. NO. 8