Preview
FILED: ONTARIO COUNTY CLERK 03/15/2022 10:04 AM INDEX NO. 130418-2021
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/15/2022
Ontario County Clerk Recording Page
Return To Matthew J. Hoose, County Clerk
JAMES PAUL SCULLY Ontario County Clerk
20 Ontario Street
Canandaigua, New York 14424
(585) 396-4200
Document Type: AFFIDAVIT Receipt Number: 600638
Plaintiff Defendant
LVNV FUNDING LLC HILL, TESSA
Fees
Control #: 202203150060
Total Fees Paid: $0.00
Index #: 130418-2021
State of New York
County of Ontario
EFiling through NYSCEF with a total page count of
15.
Ontario County Clerk
This sheet constitutes the Clerk’s endorsement required by section 319 of the Real Property Law of the State of New York
PK
Do Not Detach
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NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/15/2022
AFFDAVIT OF FACTS AND PURCHASE OF ACCOUNT BY
DEBT BUYER PLAINTIFF (Debt Buyer Actions)
The undersigned, being duly swom deposes and says:
and I have access to Plaintiffs books and
1. I am an authorized representative of LVNV Funding LLC ("Plaintiff')
tir account ("Account") of Tessa Hill. The last
records ("Business Records"), including clectronic records, rebring to
personal knowledg ofPlaintiffs procedures for
four digits ofthe Account number are 9451. In my position, I also haw
its procedures relating to the purchase and assigonent of
creating and nnintainingits Business Records, including
Plaintiffs Business Records were nude in the regular course of business and it was the regular
consunrr credit accounts.
Records were nude at or near the time ofthe
course of such business to rmke the Business Records. The Business
events recorded. Based on my knowledge of Phintiffs Business Records, I have personal knowledge ofthe facts set
forth in this affidavit.
or was assigned the Account§omSheman Originator Llf (thi:
2. On or about 12/17/2019. Phintiffptatinsed
assigned all ofits interest in the Account. including tle right to any
"Purchase"). At that tint, Sheman Originator LLC
Phintiff As part of the Purcinse, Business Records rehting to the Account wre
proceeds fiom the Account, to
were nuintained in the ordinary course of
transfened to Phintiff Following the Purchase, those Business Records
Plaintiffs business.
LLC and FNBM, LLC, Shenmn
3. As set forth in the aflidavit(s) of Credit One Bank, N.A., MHC Receivables,
the conplete clain oftitle, with the date on or
Originator LLC and Sherman Originator ( LLC, submitted herewith,
as follows:
about which each sale or assignnent of the Account occurred, is
11/30/2019
Credit One Bank, N.A.
LIf 12/17/2019
MHC Receivables, LLC and FNBM,
12/17/2019
Shenmn Originator ( LLC
12/17/2019
Shenmn Originator LLC
This amount includes the charge-offbalance of $1,373.16,
4. At this tinr, Defendant owes $1,373.16 on the Account.
post-clnrg-offinterest of$0.00, and post-cinrge-offfees and charges of$0.00, less post-charge-offeredits or
payments nude or on behalfofthe Defendant of$0.00.
by
Defendant for $1,373.16, together with the costs and
WHEREFORE, deponent denunds judgment against
disbursenrnts of this action.
personalknowledge.
The above statenrnts are true and correct to the best ofmy
Heather Bailey
01/03/2022
STATEMENT BY LICENSED NOTARY
STATE OF SOUTH CAROLINA )
)SS
COUNTY OF GREENVILLE )
of January, 2022 by Heather Bailey nhomed
This instrunrnt was swom and subsenbed before nr on the 3
Representative of LVNV Funding LLC.
Not lic R
My C nmssion Expires:
688491570
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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 Jessica
Restrepo, 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
January 3, 2022.
ler Dolphin
Attorney at Law, State of South Carolina
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BILL OF SALE AND ASSIGNMENT OF ACCOUNTS
FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES, LLC
As of November 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 charged-off credit card accounts identified on an account level basis in the data file named
CreditOne_Sherman_122019 (the "Computer File"), a copy of which is attached hereto and incorpomted herein by
reference as "Exhibit and, (ii) certain related account level media or electronic copies thereof (including,
A"; 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 at or reasonably near the time of the Event. Furthermore,
or recording of the Event 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.
IT ONE BANK, N.A.
Ha wood
Vice President
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EXHIBIT A
ACCOUNT SCHEDULE
identified in the electronic file named CreditOne_Sherman_122019 with such
The Accounts that are specifically
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 RECElVABLES, LLC
As of November 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, 1.LC ("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_122019 (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 accounts, as shown in the Computer File. This Bill of
to the charge off of the associated
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.
arwood
Vice President
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EXHIBIT A
ACCOUNT SCHEDULE
that are specifically identified in the electronic file named CreditOne__Sherman__122019 with such
The Accounts
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 December 17, 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 CreditOne__Sherman_122019 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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EXHIB1T A
ACCOUNT SCHEDULE
The Accounts that are specifically identified in the electronic file named CreditOne_Sherman_122019 , 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 December 17, 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 m 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_122019 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 Ma o i. Authoriz Representative
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EXHIBIT A
ACCOUNT SCHEDULE
The Accounts that are specifically identified in the electronic file name CreditOne_Sherman-122019 , with such
electronic file incorporated herein by reference.
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pILL OF SALE AND ASSIGNyIENT OF ACCOUNTS
FRQM MHC R CEIVABLES, LLC TOSHERMAN 9419INATOR IH I,LC
On December 17, 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 ( 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_122019 (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 relating to: (i) the Accounts owned by Assignor;
records 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 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_122019 , with such
electronic file incorporated herein by reference.
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Index NO. 130418-2021
FILED:
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/15/2022
Transfer and Assignment
Sherman Originator III LLC ("SOLLC IH"), 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 December 03, 2019
delivered by MHC Receivables, LLC and FNBM, LLC on December 17, 2019 for purchase by
SOLLC IH on December 17, 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: December 17, 2019 Sherman Originator III LLC
a Delaware Limited Liability C.ompany
By:
Na : Jon Ma
Titl : Director
Dated: December 2019 Shennan Originator LLC
17,
a Delaware Limited Liability Company
me: Jackson Walker
tie: Authorized Representative
Dated: December 17, 2019
LVNV Funding LLC
a Delaware Limited Liability Company
Name: Daniel Picciano
Title: Authorized Representative
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Exhibit A
Receivables File
12.17.19 CreditOne_Fresh_Sherman_122019
Transfer Group Portfolio Transfer Batch
628924 36360 N/A
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Preview
FILED: ONTARIO COUNTY CLERK 03/15/2022 10:04 AM INDEX NO. 130418-2021 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/15/2022 Ontario County Clerk Recording Page Return To Matthew J. Hoose, County Clerk JAMES PAUL SCULLY Ontario County Clerk 20 Ontario Street Canandaigua, New York 14424 (585) 396-4200 Document Type: AFFIDAVIT Receipt Number: 600638 Plaintiff Defendant LVNV FUNDING LLC HILL, TESSA Fees Control #: 202203150060 Total Fees Paid: $0.00 Index #: 130418-2021 State of New York County of Ontario EFiling through NYSCEF with a total page count of 15. Ontario County Clerk This sheet constitutes the Clerk’s endorsement required by section 319 of the Real Property Law of the State of New York PK Do Not Detach 1 of 15 202203150060 Index NO. INDEX # : 130418-2021 130418-2021 FILED: ONTARIO COUNTY CLERK 03/15/2022 10:04 AM NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/15/2022 AFFDAVIT OF FACTS AND PURCHASE OF ACCOUNT BY DEBT BUYER PLAINTIFF (Debt Buyer Actions) The undersigned, being duly swom deposes and says: and I have access to Plaintiffs books and 1. I am an authorized representative of LVNV Funding LLC ("Plaintiff') tir account ("Account") of Tessa Hill. The last records ("Business Records"), including clectronic records, rebring to personal knowledg ofPlaintiffs procedures for four digits ofthe Account number are 9451. In my position, I also haw its procedures relating to the purchase and assigonent of creating and nnintainingits Business Records, including Plaintiffs Business Records were nude in the regular course of business and it was the regular consunrr credit accounts. Records were nude at or near the time ofthe course of such business to rmke the Business Records. The Business events recorded. Based on my knowledge of Phintiffs Business Records, I have personal knowledge ofthe facts set forth in this affidavit. or was assigned the Account§omSheman Originator Llf (thi: 2. On or about 12/17/2019. Phintiffptatinsed assigned all ofits interest in the Account. including tle right to any "Purchase"). At that tint, Sheman Originator LLC Phintiff As part of the Purcinse, Business Records rehting to the Account wre proceeds fiom the Account, to were nuintained in the ordinary course of transfened to Phintiff Following the Purchase, those Business Records Plaintiffs business. LLC and FNBM, LLC, Shenmn 3. As set forth in the aflidavit(s) of Credit One Bank, N.A., MHC Receivables, the conplete clain oftitle, with the date on or Originator LLC and Sherman Originator ( LLC, submitted herewith, as follows: about which each sale or assignnent of the Account occurred, is 11/30/2019 Credit One Bank, N.A. LIf 12/17/2019 MHC Receivables, LLC and FNBM, 12/17/2019 Shenmn Originator ( LLC 12/17/2019 Shenmn Originator LLC This amount includes the charge-offbalance of $1,373.16, 4. At this tinr, Defendant owes $1,373.16 on the Account. post-clnrg-offinterest of$0.00, and post-cinrge-offfees and charges of$0.00, less post-charge-offeredits or payments nude or on behalfofthe Defendant of$0.00. by Defendant for $1,373.16, together with the costs and WHEREFORE, deponent denunds judgment against disbursenrnts of this action. personalknowledge. The above statenrnts are true and correct to the best ofmy Heather Bailey 01/03/2022 STATEMENT BY LICENSED NOTARY STATE OF SOUTH CAROLINA ) )SS COUNTY OF GREENVILLE ) of January, 2022 by Heather Bailey nhomed This instrunrnt was swom and subsenbed before nr on the 3 Representative of LVNV Funding LLC. Not lic R My C nmssion Expires: 688491570 Page 1 of 1 2 of 15 202203150060 INDEX FILED: ONTARIO COUNTY CLERK 03/15/2022 10:04 AM IndexNO. 130418-2021 #: 130418-2021 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/15/2022 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 Jessica Restrepo, 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 January 3, 2022. ler Dolphin Attorney at Law, State of South Carolina 3 of 15 202203150060 INDEX FILED: ONTARIO COUNTY CLERK 03/15/2022 10:04 AM IndexNO. 130418-2021 #: 130418-2021 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/15/2022 BILL OF SALE AND ASSIGNMENT OF ACCOUNTS FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES, LLC As of November 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 charged-off credit card accounts identified on an account level basis in the data file named CreditOne_Sherman_122019 (the "Computer File"), a copy of which is attached hereto and incorpomted herein by reference as "Exhibit and, (ii) certain related account level media or electronic copies thereof (including, A"; 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 at or reasonably near the time of the Event. Furthermore, or recording of the Event 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. IT ONE BANK, N.A. Ha wood Vice President 4 of 15 202203150060 Index NO. INDEX #: 130418-2021 130418-2021 FILED: ONTARIO COUNTY CLERK 03/15/2022 10:04 AM NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/15/2022 EXHIBIT A ACCOUNT SCHEDULE identified in the electronic file named CreditOne_Sherman_122019 with such The Accounts that are specifically electronic file incorporated herein by reference. 5 of 15 202203150060 INDEX FILED: ONTARIO COUNTY CLERK 03/15/2022 10:04 AM IndexNO. 130418-2021 #: 130418-2021 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/15/2022 BILL OF SALE AND ASSIGNMENT OF RECEIVABLES FROM CREDIT ONE BANK, N.A. TO MHC RECElVABLES, LLC As of November 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, 1.LC ("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_122019 (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 accounts, as shown in the Computer File. This Bill of to the charge off of the associated 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. arwood Vice President 6 of 15 202203150060 Index NO. INDEX #: 130418-2021 130418-2021 FILED: ONTARIO COUNTY CLERK 03/15/2022 10:04 AM NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/15/2022 EXHIBIT A ACCOUNT SCHEDULE that are specifically identified in the electronic file named CreditOne__Sherman__122019 with such The Accounts electronic file incorporated herein by reference. 7 of 15 202203150060 INDEX FILED: ONTARIO COUNTY CLERK 03/15/2022 10:04 AM IndexNO. 130418-2021 #: 130418-2021 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/15/2022 BILL OF SALE AND ASSIGNMENT OF RECEIVABLES FROM MHC RECEIVABLES, LLC, TO FNBM, LLC As of December 17, 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 CreditOne__Sherman_122019 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 15 202203150060 Index NO. INDEX #: 130418-2021 130418-2021 FILED: ONTARIO COUNTY CLERK 03/15/2022 10:04 AM NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/15/2022 EXHIB1T A ACCOUNT SCHEDULE The Accounts that are specifically identified in the electronic file named CreditOne_Sherman_122019 , with such electronic file incorporated herein by reference. 9 of 15 202203150060 Index NO. INDEX #: 130418-2021 130418-2021 FILED: ONTARIO COUNTY CLERK 03/15/2022 10:04 AM NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/15/2022 BILL OF SALE AND ASSIGNMENT OF RECEIVABLES FROM FNBM, LLC. TO SHERMAN ORIGINATOR III LLC On December 17, 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 m 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_122019 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 Ma o i. Authoriz Representative 10 of 15 202203150060 Index NO. INDEX #: 130418-2021 130418-2021 FILED: ONTARIO COUNTY CLERK 03/15/2022 10:04 AM NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/15/2022 EXHIBIT A ACCOUNT SCHEDULE The Accounts that are specifically identified in the electronic file name CreditOne_Sherman-122019 , with such electronic file incorporated herein by reference. 11 of 15 202203150060 INDEX FILED: ONTARIO COUNTY CLERK 03/15/2022 10:04 AM IndexNO. 130418-2021 #: 130418-2021 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/15/2022 pILL OF SALE AND ASSIGNyIENT OF ACCOUNTS FRQM MHC R CEIVABLES, LLC TOSHERMAN 9419INATOR IH I,LC On December 17, 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 ( 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_122019 (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 relating to: (i) the Accounts owned by Assignor; records 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 hereby. MHC Receivables, LLC Mark Rufail, Authorized Representative 12 of 15 202203150060 Index NO. INDEX #: 130418-2021 130418-2021 FILED: ONTARIO COUNTY CLERK 03/15/2022 10:04 AM NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/15/2022 EXHIBIT A ACCOUNT SCHEDULE The Accounts that are specifically identified in the electronic file named CreditOne_Sherman_122019 , with such electronic file incorporated herein by reference. 13 of 15 202203150060 ONTARIO COUNTY CLERK 03/15/2022 10:04 AM INDEX #: 130418-2021 Index NO. 130418-2021 FILED: NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/15/2022 Transfer and Assignment Sherman Originator III LLC ("SOLLC IH"), 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 December 03, 2019 delivered by MHC Receivables, LLC and FNBM, LLC on December 17, 2019 for purchase by SOLLC IH on December 17, 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: December 17, 2019 Sherman Originator III LLC a Delaware Limited Liability C.ompany By: Na : Jon Ma Titl : Director Dated: December 2019 Shennan Originator LLC 17, a Delaware Limited Liability Company me: Jackson Walker tie: Authorized Representative Dated: December 17, 2019 LVNV Funding LLC a Delaware Limited Liability Company Name: Daniel Picciano Title: Authorized Representative 14 of 15 202203150060 Index NO. INDEX #: 130418-2021 130418-2021 FILED: ONTARIO COUNTY CLERK 03/15/2022 10:04 AM NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/15/2022 Exhibit A Receivables File 12.17.19 CreditOne_Fresh_Sherman_122019 Transfer Group Portfolio Transfer Batch 628924 36360 N/A 15 of 15