Preview
FILED: SCHENECTADY COUNTY CLERK 03/28/2022 11:26 AM INDEX NO. 2021-1073
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/28/2022
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 Ill 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 MHC Receivables, LLC and FNBM, LLC on or about
8/20/2019 (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 procedures 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 8/20/2019 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 to Sherman 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 statemen are true and correct to the best of my personal knowledge.
Arlah Klugh
Authorized Representative of
Sherman Originator III LLC
Dated: 03/09/2022
STATEMENT BY LICENSED NOTARY
STATE OF SOUTH CAROLINA )
) ss.
COUNTY OF GREENVILLE )
This instrument was sworn and subscribed before me on the 9th day of March, 2022 by Ar Klugh, an Au rized
Representative of Sherman Originator Ill LLC.
Notary Public
My Commission Expires:
OTAR p .
.. Page 1/2
a o
561,685319705,4167467 Sou
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FILED: SCHENECTADY COUNTY CLERK 03/28/2022 11:26 AM INDEX NO. 2021-1073
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/28/2022
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 Chelsea
Hudson, 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
March 9, 2022.
Tyler Dolphin
Attorp y at Law, State of South Carolina
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"B"
Appendix
Debt Seller Account Data Sheet
Data to Sherman Originator LLC
Sale Date: 08/20/2019
Orig Czditor Acet Number: XXXXXXXXXX4607
Account Open Date: 11/21/2016
Charge-off Amount: $889.46
Charge-off Date: 07/02/2019
Consumer Last four digits of SSN: XXX-XX-5757
Consumer First Name: Jenee
Consumer Middle Name:
Consumer Last Name: Walker
Consumer Suffix:
Consumer Residence Addrs 1: 1071 GARNER AVE
Consumer Residence Addrs 2:
Consumer City: SCHENECTADY
Consumer State: NY
Consumer Zip Code: 12309-5703
Post-Charge-off Interest: $ .00
Post-Charge-off Fees: $ .00
Post-Charge-off Credits or Payments Made: $ .00
Last Payment Amount: $25.00
Last Payment Date: 11/22/2018
Balance Due at time of Sale: $889.46
Page 2/2
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NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/28/2022
BILL OF SALE AND ASSIGNMENT OF ACCOUNTS
FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES, LLC
As of July 31, 2019, for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, Credit One Bank, N.A. ("Assignor") has transferred, has sold, has assigned, has conveyed, has granted
and has otherwise delivered to MHC Receivables, LLC ("Assignee"), all of Assignor's right, title and interest in and
to (i) the charged-off credit card accounts identified on an account level basis in the data file named
CreditOne-Sherman_082019 (the "Computer
File"), a copy of which is attached hereto and incorporated herein by
reference as "Exhibit
A"; and, (ii) certain related account level media or electronic copies thereof (including, but not
limited to applications, statements, terms and condition), and (iii) all claims or rights arising out of or relating to each
account referenced on the Computer File (collectively hereinafter, the "Accounts") including, but not limited to, all
claims and rights afforded each Account by.virtue of that Account's corresponding terms and conditions.
The Accounts transferred under the terms of this Bill of Sale and Assignment of Accounts were each
transferred to Assignee immediately following charge off for each applicable Account, as shown in the Computer File.
With respect to information for the Accounts, Assignor represents and warrants to Assignee that the business
records conveyed to Assignee relating to: (i) the Accounts issued by Assignor; and (ii) the sale and assignment of
Accounts by Assignor (collectively, the "Business Records"), are kept by Assignor in the regular course of its business.
It is in the regular course of business of Assignor for an employee or an authorized representative with personal
knowledge of the act. event, condition, or opinion (collectively "Event") to be recorded, to make the appropriate
memorandum or recording of the Event at or reasonably near the time of the Event. Furthermore, Assignor represents
and warrants to Assignee that the Business Records are materially complete and accurate, and thoroughly embody the
information in Assignor's custody and control for the Accounts from their creation until the time of transfer to
Assignee. These representations and warranties are intended to augment any other representations and warranties the
parties may have in place and not supplant any other existing warranties and representations.
This Bill of Sale and Assignment of Accounts shall serve as evidence of ownership for the Accounts
conveyed hereby and shall serve as an acknowledgment, as ratification, and as evidence of the intent of the parties to
transfer the Accounts.
CREDIT ONE BANK, N.A.
Ga o
Vice President
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. .
EXHIBIT A
ACCOUNT SCHEDULE
The Accounts that are specifically identified in the electronic file named CreditOne_Sherman_082019 with such
electronic file incorporated herein by reference.
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BILL OF SALE AND ASSIGNMENT OF RECEIVABLES
FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES, LLC
As of July 31, 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_082019 (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 B NK, N.A.
Vice President
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EXHIBIT A
ACCOUNT SCHEDULE
The Accounts that are specifically identified in the electronic file named CreditOne_Sherman_082019 with such
electronic file incorporated herein by reference.
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BILL OF SALE AND ASSIGNMENT OF RECEIVABLES
FROM MHC RECEIVABLES, LLC, TO FNBM, LLC
As of August 20, 2019, MHC Receivables, LLC ("Assignor"), for good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, has periodically transferred, has sold, has assigned, has
conveyed, has granted and has otherwise delivered to FNBM, LLC, ("Assignee") all of its rights, title and interest in
and to (i) the receivables identified and specifically referenced for each of the accounts on an account level basis on
A"
the data file titled Credione-Sherman_082019 attached hereto and incorporated by reference as "Exhibit ; and
(ii) all claims or rights arising out of or relating to the account level receivables (hereinafter the "Receivables").
With respect to information for the Receivables, Assignor represents and warrants to Assignee that the
business records conveyed to Assignee relating to the Receivables (the "Business Records"), are kept by Assignor in
the regular course of its business. It is in the regular course of business of Assignor for an employee or an authorized
representative with personal knowledge of the act, event, condition, or opinion (collectively "Event") to be recorded,
to make the appropriate memorandum or recording of the Event at or reasonably near the time of the Event.
Furthermore, Assignor represents and warrants to Assignee that the Business Records are materially complete and
accurate, and thoroughly embody the information in Assignor's custody and control for the Receivables from their
creation until the time of transfer to Assignee. These representations and warranties are intended to augment any other
representations and warranties the parties may have in place and not supplant any other existing warranties and
representations.
This Bill of Sale and Assignment of Receivables shall serve as an acknowledgment, as ratification, and as evidence
of the intent of the parties to transfer the Released Receivables referenced herein.
MHC Receivables, LLC
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_082019 , with such
electronic file incorporated herein by reference.
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BILL OF SALE AND ASSIGNMENT OF RECEIVABLES
FROM FNBM, LLC, TOSHERMAN ORIGINATOR m LLC
On August 20, 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_082019 attached hereto
and incorporated by reference as "Exhibit A"; and (ii) all claims or rights arising out of or relating to the receivables
(hereinafter the "Receivables").
With respect to information for the Receivables, Assignor represents and warrants to Assignee that the
business records relating to the Receivables (the "Business Records") are kept by Assignor in the regular course of its
business. It is in the regular course of business of Assignor for an employee or an authorized representative with
personal knowledge of the act, event, condition, or opinion (collectively "Event") to be recorded, to make the
appropriate memorandum or recording at or reasonably near the time of the Event. Furthermore, Assignor represents
and warrants to Assignee that the Business Records are materially complete and accurate and thoroughly embody the
information in Assignor's custody and control for the Receivables from Assignor's receipt of those Receivables until
the time of transfer to Assignee. These representations and warranties are intended to augment any other
representations and warranties the parties may have in place and not supplant any other existing warranties and
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 Mazz 1, uthorized e r sentative
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.
EXHIBIT A
ACCOUNT SCHEDULE
The Accounts that are specifically identified in the electronic file name CreditOne-Sherman_082019 , with such
electronic file incorporated herein by reference.
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BILL OF SALE AND ASSIGNMENT QF ACCOUNTS
FROM MEC RECEIVABLES, LLC TO SHERMAN ORIGINATOR III LLC
On August 20, 2019, for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, MHC Receivables, LLC ("Assignor"), hereby transfers, sells, assigns, conveys, grants and otherwise
delivers to Sherman Originator m LLC ("Assignee"), all of Assignor's, rights title and interest in and to (i) the
charged-off accounts identified on an account level basis in the data file named CreditOne-Sherman_082019 (the
"Computer File"), a copy of which is attached hereto and incorporated herein by reference as "Exhibit A"; and, (ii)
certain related account level media or electronic copies thereof (including, but not limited to applications, statements,
terms and condition), and (iii) all claims or rights arising out of or relating to each referenced account (collectively
hereinafter the "Accounts") including, but not limited to, all claims and rights afforded each account by virtue of that
account's corresponding terms and conditions.
With respect to information for the Accounts described in the related Computer File, Assignor represents and
warrants to Assignee that the business records relating to: (i) the Accounts owned by Assignor; and (ii) the sale and
assignment of Accounts by Assignor (collectively, the "Business Records"), are kept by Assignor in the regular course
of its business. It is in the regular course of business of Assignor for an employee or an authorized representative with
personal knowledge of the act, event, condition, or opinion (collectively "Event") to be recorded, to make the
appropriate memorandum or recording at or reasonably near the time of the Event. Furthermore, Assignor represents
and warrants to Assignee that the Business Records are materially complete and accurate and thoroughly embody the
information in Assignor's custody and control for the Accounts listed in the Computer File from Assignor's receipt
of those Accounts until the time of transfer to Assignee. These representations and warranties are intended to augment
any other representations and warranties the parties may have in place and not supplant any other existing warranties
and representations.
This Bill of Sale and Assignment of Accounts shall serve as evidence of ownership for any of the Accounts
conveyed he eby.
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_082019 , 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 August06, 2019
delivered by MHC Receivables, LLC and FNBM, LLC on August 20, 2019 for purchase by
SOLLC IH on August 20, 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: August 20, 2019 Sherman Originator III LLC
a Delaware Limited Liability C mpany
By:
Na : Jon M
Titl : Director
Dated: August 20, 2019 Sherman Originator LLC
a Delaware Limited Liability Company
By:
me: Jackson Walker
itle: Authorized Representative
Dated: August 20, 2019 LVNV Funding LLC
a Delaware Limited Liability Company
By.
Name: Daniel Picciano
Title: Authorized Representative
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NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/28/2022
Exhibit A
Receivables File
08.20.19 CreditOne_Sherman_082019
Transfer Group Portfolio Transfer Batch
607035 35808 N/A
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NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/28/2022
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 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 Ill LLC on or about 8/20/2019
(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 Ill 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 procedures 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 8/20/2019 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, to LVNV Funding LLC. As part of the Sale, Business Records
relating to the Account were transferred to LVNV 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 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 ab statements are true and correct to the best of my personal knowledge.
Pa Fallavo a
Authorized Representative of
Sherman Originator LLC
Dated: 03/09/2022
STATEMENT BY LICENSED NOTARY
STATE OF SOUTH CAROLINA )
) ss.
COUNTY OF GREENVILLE )
This instrument was sworn and subscribed before me on the 9th day of March, 2022 by Pa Fallavollit Authorized
Representative of Sherman Originator LLC.
.1. . v, Notary Public
My Commission Expires:
OTAR
hof Imm¦ø Page 1/2
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CERTIFICATE OF CONFORMITY
I, Tyler Dolphin , an attorney-at-law admitted to
practice in the State of South
Preview
FILED: SCHENECTADY COUNTY CLERK 03/28/2022 11:26 AM INDEX NO. 2021-1073 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/28/2022 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 Ill 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 MHC Receivables, LLC and FNBM, LLC on or about 8/20/2019 (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 procedures 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 8/20/2019 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 to Sherman 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 statemen are true and correct to the best of my personal knowledge. Arlah Klugh Authorized Representative of Sherman Originator III LLC Dated: 03/09/2022 STATEMENT BY LICENSED NOTARY STATE OF SOUTH CAROLINA ) ) ss. COUNTY OF GREENVILLE ) This instrument was sworn and subscribed before me on the 9th day of March, 2022 by Ar Klugh, an Au rized Representative of Sherman Originator Ill LLC. Notary Public My Commission Expires: OTAR p . .. Page 1/2 a o 561,685319705,4167467 Sou 1 of 30 FILED: SCHENECTADY COUNTY CLERK 03/28/2022 11:26 AM INDEX NO. 2021-1073 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/28/2022 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 Chelsea Hudson, 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 March 9, 2022. Tyler Dolphin Attorp y at Law, State of South Carolina 2 of 30 FILED: SCHENECTADY COUNTY CLERK 03/28/2022 11:26 AM INDEX NO. 2021-1073 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/28/2022 "B" Appendix Debt Seller Account Data Sheet Data to Sherman Originator LLC Sale Date: 08/20/2019 Orig Czditor Acet Number: XXXXXXXXXX4607 Account Open Date: 11/21/2016 Charge-off Amount: $889.46 Charge-off Date: 07/02/2019 Consumer Last four digits of SSN: XXX-XX-5757 Consumer First Name: Jenee Consumer Middle Name: Consumer Last Name: Walker Consumer Suffix: Consumer Residence Addrs 1: 1071 GARNER AVE Consumer Residence Addrs 2: Consumer City: SCHENECTADY Consumer State: NY Consumer Zip Code: 12309-5703 Post-Charge-off Interest: $ .00 Post-Charge-off Fees: $ .00 Post-Charge-off Credits or Payments Made: $ .00 Last Payment Amount: $25.00 Last Payment Date: 11/22/2018 Balance Due at time of Sale: $889.46 Page 2/2 3 of 30 FILED: SCHENECTADY COUNTY CLERK 03/28/2022 11:26 AM INDEX NO. 2021-1073 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/28/2022 BILL OF SALE AND ASSIGNMENT OF ACCOUNTS FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES, LLC As of July 31, 2019, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Credit One Bank, N.A. ("Assignor") has transferred, has sold, has assigned, has conveyed, has granted and has otherwise delivered to MHC Receivables, LLC ("Assignee"), all of Assignor's right, title and interest in and to (i) the charged-off credit card accounts identified on an account level basis in the data file named CreditOne-Sherman_082019 (the "Computer File"), a copy of which is attached hereto and incorporated herein by reference as "Exhibit A"; and, (ii) certain related account level media or electronic copies thereof (including, but not limited to applications, statements, terms and condition), and (iii) all claims or rights arising out of or relating to each account referenced on the Computer File (collectively hereinafter, the "Accounts") including, but not limited to, all claims and rights afforded each Account by.virtue of that Account's corresponding terms and conditions. The Accounts transferred under the terms of this Bill of Sale and Assignment of Accounts were each transferred to Assignee immediately following charge off for each applicable Account, as shown in the Computer File. With respect to information for the Accounts, Assignor represents and warrants to Assignee that the business records conveyed to Assignee relating to: (i) the Accounts issued by Assignor; and (ii) the sale and assignment of Accounts by Assignor (collectively, the "Business Records"), are kept by Assignor in the regular course of its business. It is in the regular course of business of Assignor for an employee or an authorized representative with personal knowledge of the act. event, condition, or opinion (collectively "Event") to be recorded, to make the appropriate memorandum or recording of the Event at or reasonably near the time of the Event. Furthermore, Assignor represents and warrants to Assignee that the Business Records are materially complete and accurate, and thoroughly embody the information in Assignor's custody and control for the Accounts from their creation until the time of transfer to Assignee. These representations and warranties are intended to augment any other representations and warranties the parties may have in place and not supplant any other existing warranties and representations. This Bill of Sale and Assignment of Accounts shall serve as evidence of ownership for the Accounts conveyed hereby and shall serve as an acknowledgment, as ratification, and as evidence of the intent of the parties to transfer the Accounts. CREDIT ONE BANK, N.A. Ga o Vice President 4 of 30 FILED: SCHENECTADY COUNTY CLERK 03/28/2022 11:26 AM INDEX NO. 2021-1073 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/28/2022 . . EXHIBIT A ACCOUNT SCHEDULE The Accounts that are specifically identified in the electronic file named CreditOne_Sherman_082019 with such electronic file incorporated herein by reference. 5 of 30 FILED: SCHENECTADY COUNTY CLERK 03/28/2022 11:26 AM INDEX NO. 2021-1073 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/28/2022 BILL OF SALE AND ASSIGNMENT OF RECEIVABLES FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES, LLC As of July 31, 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_082019 (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 B NK, N.A. Vice President 6 of 30 FILED: SCHENECTADY COUNTY CLERK 03/28/2022 11:26 AM INDEX NO. 2021-1073 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/28/2022 EXHIBIT A ACCOUNT SCHEDULE The Accounts that are specifically identified in the electronic file named CreditOne_Sherman_082019 with such electronic file incorporated herein by reference. 7 of 30 FILED: SCHENECTADY COUNTY CLERK 03/28/2022 11:26 AM INDEX NO. 2021-1073 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/28/2022 BILL OF SALE AND ASSIGNMENT OF RECEIVABLES FROM MHC RECEIVABLES, LLC, TO FNBM, LLC As of August 20, 2019, MHC Receivables, LLC ("Assignor"), for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has periodically transferred, has sold, has assigned, has conveyed, has granted and has otherwise delivered to FNBM, LLC, ("Assignee") all of its rights, title and interest in and to (i) the receivables identified and specifically referenced for each of the accounts on an account level basis on A" the data file titled Credione-Sherman_082019 attached hereto and incorporated by reference as "Exhibit ; and (ii) all claims or rights arising out of or relating to the account level receivables (hereinafter the "Receivables"). With respect to information for the Receivables, Assignor represents and warrants to Assignee that the business records conveyed to Assignee relating to the Receivables (the "Business Records"), are kept by Assignor in the regular course of its business. It is in the regular course of business of Assignor for an employee or an authorized representative with personal knowledge of the act, event, condition, or opinion (collectively "Event") to be recorded, to make the appropriate memorandum or recording of the Event at or reasonably near the time of the Event. Furthermore, Assignor represents and warrants to Assignee that the Business Records are materially complete and accurate, and thoroughly embody the information in Assignor's custody and control for the Receivables from their creation until the time of transfer to Assignee. These representations and warranties are intended to augment any other representations and warranties the parties may have in place and not supplant any other existing warranties and representations. This Bill of Sale and Assignment of Receivables shall serve as an acknowledgment, as ratification, and as evidence of the intent of the parties to transfer the Released Receivables referenced herein. MHC Receivables, LLC Mark Rufail, Authorized Representative 8 of 30 FILED: SCHENECTADY COUNTY CLERK 03/28/2022 11:26 AM INDEX NO. 2021-1073 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/28/2022 EXHIBIT A ACCOUNT SCHEDULE The Accounts that are specifically identified in the electronic file named CreditOne-Sherman_082019 , with such electronic file incorporated herein by reference. 9 of 30 FILED: SCHENECTADY COUNTY CLERK 03/28/2022 11:26 AM INDEX NO. 2021-1073 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/28/2022 BILL OF SALE AND ASSIGNMENT OF RECEIVABLES FROM FNBM, LLC, TOSHERMAN ORIGINATOR m LLC On August 20, 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_082019 attached hereto and incorporated by reference as "Exhibit A"; and (ii) all claims or rights arising out of or relating to the receivables (hereinafter the "Receivables"). With respect to information for the Receivables, Assignor represents and warrants to Assignee that the business records relating to the Receivables (the "Business Records") are kept by Assignor in the regular course of its business. It is in the regular course of business of Assignor for an employee or an authorized representative with personal knowledge of the act, event, condition, or opinion (collectively "Event") to be recorded, to make the appropriate memorandum or recording at or reasonably near the time of the Event. Furthermore, Assignor represents and warrants to Assignee that the Business Records are materially complete and accurate and thoroughly embody the information in Assignor's custody and control for the Receivables from Assignor's receipt of those Receivables until the time of transfer to Assignee. These representations and warranties are intended to augment any other representations and warranties the parties may have in place and not supplant any other existing warranties and 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 Mazz 1, uthorized e r sentative 10 of 30 FILED: SCHENECTADY COUNTY CLERK 03/28/2022 11:26 AM INDEX NO. 2021-1073 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/28/2022 . EXHIBIT A ACCOUNT SCHEDULE The Accounts that are specifically identified in the electronic file name CreditOne-Sherman_082019 , with such electronic file incorporated herein by reference. 11 of 30 FILED: SCHENECTADY COUNTY CLERK 03/28/2022 11:26 AM INDEX NO. 2021-1073 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/28/2022 BILL OF SALE AND ASSIGNMENT QF ACCOUNTS FROM MEC RECEIVABLES, LLC TO SHERMAN ORIGINATOR III LLC On August 20, 2019, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, MHC Receivables, LLC ("Assignor"), hereby transfers, sells, assigns, conveys, grants and otherwise delivers to Sherman Originator m LLC ("Assignee"), all of Assignor's, rights title and interest in and to (i) the charged-off accounts identified on an account level basis in the data file named CreditOne-Sherman_082019 (the "Computer File"), a copy of which is attached hereto and incorporated herein by reference as "Exhibit A"; and, (ii) certain related account level media or electronic copies thereof (including, but not limited to applications, statements, terms and condition), and (iii) all claims or rights arising out of or relating to each referenced account (collectively hereinafter the "Accounts") including, but not limited to, all claims and rights afforded each account by virtue of that account's corresponding terms and conditions. With respect to information for the Accounts described in the related Computer File, Assignor represents and warrants to Assignee that the business records relating to: (i) the Accounts owned by Assignor; and (ii) the sale and assignment of Accounts by Assignor (collectively, the "Business Records"), are kept by Assignor in the regular course of its business. It is in the regular course of business of Assignor for an employee or an authorized representative with personal knowledge of the act, event, condition, or opinion (collectively "Event") to be recorded, to make the appropriate memorandum or recording at or reasonably near the time of the Event. Furthermore, Assignor represents and warrants to Assignee that the Business Records are materially complete and accurate and thoroughly embody the information in Assignor's custody and control for the Accounts listed in the Computer File from Assignor's receipt of those Accounts until the time of transfer to Assignee. These representations and warranties are intended to augment any other representations and warranties the parties may have in place and not supplant any other existing warranties and representations. This Bill of Sale and Assignment of Accounts shall serve as evidence of ownership for any of the Accounts conveyed he eby. MHC Receivables, LLC Mark Rufail, Authorized Representative 12 of 30 FILED: SCHENECTADY COUNTY CLERK 03/28/2022 11:26 AM INDEX NO. 2021-1073 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/28/2022 EXHIBIT A ACCOUNT SCHEDULE The Accounts that are specifically identified in the electronic file named CreditOne-Sherman_082019 , with such electronic file incorporated herein by reference. 13 of 30 FILED: SCHENECTADY COUNTY CLERK 03/28/2022 11:26 AM INDEX NO. 2021-1073 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/28/2022 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 August06, 2019 delivered by MHC Receivables, LLC and FNBM, LLC on August 20, 2019 for purchase by SOLLC IH on August 20, 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: August 20, 2019 Sherman Originator III LLC a Delaware Limited Liability C mpany By: Na : Jon M Titl : Director Dated: August 20, 2019 Sherman Originator LLC a Delaware Limited Liability Company By: me: Jackson Walker itle: Authorized Representative Dated: August 20, 2019 LVNV Funding LLC a Delaware Limited Liability Company By. Name: Daniel Picciano Title: Authorized Representative 14 of 30 FILED: SCHENECTADY COUNTY CLERK 03/28/2022 11:26 AM INDEX NO. 2021-1073 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/28/2022 Exhibit A Receivables File 08.20.19 CreditOne_Sherman_082019 Transfer Group Portfolio Transfer Batch 607035 35808 N/A 15 of 30 FILED: SCHENECTADY COUNTY CLERK 03/28/2022 11:26 AM INDEX NO. 2021-1073 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/28/2022 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 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 Ill LLC on or about 8/20/2019 (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 Ill 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 procedures 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 8/20/2019 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, to LVNV Funding LLC. As part of the Sale, Business Records relating to the Account were transferred to LVNV 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 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 ab statements are true and correct to the best of my personal knowledge. Pa Fallavo a Authorized Representative of Sherman Originator LLC Dated: 03/09/2022 STATEMENT BY LICENSED NOTARY STATE OF SOUTH CAROLINA ) ) ss. COUNTY OF GREENVILLE ) This instrument was sworn and subscribed before me on the 9th day of March, 2022 by Pa Fallavollit Authorized Representative of Sherman Originator LLC. .1. . v, Notary Public My Commission Expires: OTAR hof Imm¦ø Page 1/2 16 of 30 FILED: SCHENECTADY COUNTY CLERK 03/28/2022 11:26 AM INDEX NO. 2021-1073 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/28/2022 CERTIFICATE OF CONFORMITY I, Tyler Dolphin , an attorney-at-law admitted to practice in the State of South