Preview
FILED: ESSEX COUNTY CLERK 12/10/2021 10:55 AM INDEX NO. CV21-0026
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/10/2021
AFFIDAVIT OF FACTS AND SAl,E OF ACCOUNT RY ORIGINAL CREDITOR
(Debt Buver Actions)
The undersigned, being duly sworn, deposes and says:
1. I am an employee of Credit One Bank, N.A. ("Credit One Bank") and an authorized repre=ntative of its affiliates, as
described in the Supple=ental Affidavit attached hereto (collectively, "Original Creditor"), and I have personal knowledge of
and access to Original Creditor's books and records ("Business Records"), including electronic records, relating to a pool of
charged-off con==:r credit accounts sold or assigned by Original Creditor to Sherman Originator III LLC ("Debt Buyer"), on
05/14/2019 (the "Sale"), which included the account ("Account") of the consumer ("Consumer") as identiñed in the exhibits
attached hereto and incorporated herein. As part of the Sale, Original Creditor assigned all of its interest in the Accounts,
lüding the right to any proceeds from the Accounts, to Debt Buyer, and it transferred Business Records relating to the
Accounts to Debt Buyer. A true and correct copy of the bill of sale or written assignment of the Account is attached as an exhibit
to this affidavit.
2. In my position, I also have personal knowledge of Original Creditor's procedures for creating and maintaining its Business
Records, including its preced-es relating to the sale and assignment of consumer credit accounts. Original Creditor'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 kñcwicdge of Original
Creditor's Business Records, I have personal knowledge of the facts set forth in this affidavit.
3. Credit One Bank and Consumer were parties to a credit agreement ("Agreement"). Consumer agreed to pay Credit One
Bank for all goods, services and cash advances provided pursuant to the Agreement. The date and the amount of the last
payment, if any, made by Conemer are set forth in an exhibit attached hereto and made a part hereof. Consumer defaulted and a
demand for payment was made by Credit One Bank. A true and correct copy of a document provided to Consumer evidencing
the Agreement is attached as an exhibit to this affidavit.
4. At the time of Sale, Censumer owed the amount set forth in the exhibits attached hereto and made a part hereof, which also
set forth the name of the Censumer; the last four digits of the Account number; the date and amount of the charge-off balance;
the date and amount of the last payment, if any; the total amounts, if spplicable, of any post-charge-offinterest and post-charge-
off fees and charges; any post-charge-off credits or payments made by or on behalf of the Cens'==er; and the balance due at the
time of the Sale. The above statements are true and correct to the best of my personal knowledge.
David Ryan
Employee of Credit One Bank, N.A.
Dated: MGd t
ACKNOWLEDGMENT OF SIGNATURE BY LICENSEDROTARY
STATE OF NEVADA )
) ss.
COUNTY OF CLARK )
This instrument was acknowicdged
Employee of Credit One Bank, N.A.
before me on the /gday of Ó , 20Óby ,
Notary Public
CRYSTAL OFFORD
NOTARY PUBLIC
STATE OF NEVADA
Appt. No. 20-5948-01
My Appt Expires June 4. 2024
11114Ill|llllll1Ill1Illll Ililllill
682494452
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FILED: ESSEX COUNTY CLERK 12/10/2021 10:55 AM INDEX NO. CV21-0026
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/10/2021
CERTIFICATE OF CONFORMITY
STATE OF NV
CITY OF LAS VEGAS
The undersigned does hereby certify that he/she is an attorney at law duly admitted to practice in the State of NV
and is a resident of Las Vegas, in the State of Nevada; that he/she is a person duly qualified to make this certificate
of conformity pursuant to the laws of the State of NV; that the foregoing acknowledgment by David Ryan named in
the foregoing instrument taken before Crystal Offord notary in the State of NV was taken in the manner prescribed
by such laws of the State of NV, being the State in which it was taken; and that it duly conforms with such laws and
is in all respects valid and effective in such state.
April 26, 2021
Date Timothy J. Bellamy
Nevada State Bar # 14973C
Credit One Bank, N.A.
6801 S. Cimmaron Rd
Las Vegas, NV 89113
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FILED: ESSEX COUNTY CLERK 12/10/2021 10:55 AM INDEX NO. CV21-0026
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/10/2021
SUPPLEMENTAL AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY ORIGINAL
CREDITOR
(Debt Buyer Actions)
State of: Nevada
County of: Clark
Account Holder: Donald Sherman
Social Security No: XXX-XX-4337
Original Creditor Account No: XXXXXXXXXXXX7386
ppwirl Ryan , being duly swom, deposes and says:
1. I am over 18 and not a party to this action. I am an employee of Credit One Bank, N.A. ("Credit One"). In that capacity, I
have access to certain business records of Credit One. I am aware of the process of the sale and assignment of ele±adcally
stored business records of Credit One.
2. I am an authorized representative of FNBM, LLC ("FNBM"), and an authorized representative of MHC Receivables, LLC
("MHC") and have been duly authorized by both entities to make the statements and representations included in this affidavit.
The si-i=eests set forth herein are true and correct, based on either personal knowledge or review of the business records, or
both, of one or more of Credit One, MHC, or FNBM.
3. Credit One originates consumer credit card accounts ("Accounts") and is entitled to all amounts due under such Accounts
("Receivables") from the time the Receivable is created until such rights are sold or *•ached. At all times that Credit One, or
MHC, or FNBM owns any Account or Receivable, Credit One services such Accounts and Receivables whether in its own right,
or as an agent of MHC or of FNBM. Such servicing includes msismising and recording information related to the origination,
servicing, transaction history, and ownership of such aceanac and Receivables ("Business Records") whether such Business
Records relate to Credit One, to MHC, or to FNBM. It is in the regular course of business of Credit One for an employee or
representative with personal knowledge of the act, event, condition, or opinion recorded to be recorded in the Business Records
to: (i) make mememadam or records; or (ii) to transmit information thereof to be included in such memorandum or records; and
(iii) that the records be made at or near the time of the act and/or event recorded or reasonably soon thereafter.
4. As an authorized representative of MHC, and of FNBM, my duties include having irewledge of, and access to, business
records relating to the Accounts and Receivables owned by MHC and FNBM, respectively. These records include Business
Records received from Credit One, as the business records of Credit One, and incorporated and maintin-d by MHC and by
FNBM as the business records of MHC and FNBM, respectively.
5. Such Business Records include those maintained by or on behalf of Credit One, of MHC and of FNBM in the ordinary course
of its business with regard to the sale and edgnment of Credit One, of MHC, and of FNBM's Accounts and Receivables.
6. From time to time, Credit One transfers certain Business Records to MHC and to FNBM related to the Accounts and
Receivables serviced by Credit One. These Business Records are transmitted to FNBM and to MHC in the normal course of
Credit One's business. Both FNBM and MHC accept these Business Records as the business records of Credit One and
incorporated these Business Records into their own.
7. For such Business Records, it was in the regular course of MHC and FNBM's business for an employee or representative with
personal knowledge of the act, event, ccedities, or opinion receided to: (i) make memorandum or records; or (ii) to transmit
information thereof to be included in such memorandum or records; and (iii) that the records be made at or near the time of the
act and/or event recorded or reasonably soon thereafter.
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FILED: ESSEX COUNTY CLERK 12/10/2021 10:55 AM INDEX NO. CV21-0026
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/10/2021
8. The Business Records indicate that account XXXXXXXXXXXX7386 (the "Account") was opened by Credit One on
11/28/2017 (the "Originaticñ Date") in the name of Donald Sherman with a Social Security Number with the last four digits
ending in 4337 (the "Consumer").
9. Under the terms and c::di:!::3 of the Account, the Consumer agreed to pay Credit One for all goods, services, and cash
advances provided pursuant the terms and c::f!!!n.; of the Account. As shown in the Business Records, the Ce:::=:r failed
to make all the payments as required by the terms and conditions of the Account. Under the terms and ceedit!:= of the Account
referenced by the Business Records, the full balance under the Account was charged off on April I1, 2019 with a balance
immediately due and owing of Sl,357.74.
10. On or about May 14, 2019 (the "Sale Date"), MHC and FNBM, as applicable, sold a pool of charged-off accounts and their
associated receivables to Sherman Originator III LLC ("Debt Buyer"). The Account was included within the pool sold to Debt
Buyer on the Sale Date. I am not aware of any errors in the Busiñcss Records, account documents, or any other document
evidencing the ownership and status of the Account.
I I. For the period from the Origimrinn Date to the Sale Date, Credit One, in the regular course of business, caused periodic
billing statements to be delivered each month to the Consumer, unless such satements were not required by law. Such
statements were a true and accurate reflection of the Business Records and were sent each month from the date the Account was
opened until the Sale Date (other than where no statement may have been required by law).
12. The Business Records of Credit One indicate that as of the date the Account was sold, there was due and payable on the
Account of $1,357.74. The records indicate that there were no üñcredited paymcñ:3 against such amount at the time of sale.
13. The Business Records of Credit One indicate that the last payment received on the Account prior to the Sale Date was posted
to the Account on 9/8/2018 in the amount of $38.00. The unpaid balance does not include any interest or fees of any kind
accrued or otherwise charged to the Customer after the Charge-off Date.
14. Pursuant to the sale, both MHC and FNBM, as applicable, sold, transferred, assigned, ccñveyed, granted, bargained, set over
and delivered to Debt Buyer and its successors and assigns, good and marketable title to the Account and all associated unpaid
Receivables free and clear of any encumbrance, lien, pledge, charge, claim or security interest.
15. In conn~·tier with the sale of the Account, Business Records, including but not limited to electisñic copies of billing
eatementc, were transferred to or otherwise made available to the Debt Buyer (the "Transferred Records"). The Transferred
Records were kept by Credit One, MHC, and/or FNBM in the regular course of business, and it was in the regular course of
business for an employee or representative with personal knowledge of the act, event, condition, or opinion ra'erded : (i) make
memorandum or records; or (ii) to transmit informâ:icñ thereof to be included in such memer-adum or records; and (iii) that the
records be made at or near the time of the act and/or event recorded or reasonably soon thereafter. To the extent that the
Transferred Records include records that were prepared by a third party, including but not limited to any credit card assõciation,
they are records that were incorporated into the records of Credit One, MHC, and/or FNBM as a business record and the
accuracy of such records are relied upon by Credit One, MHC, and/or FNBM in the regular course of business. The relevant
Business Records pertaining to the Account described about is hereby attached and made a part hereof.
The remainder of the page is intentionally left blank.
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FILED: ESSEX COUNTY CLERK 12/10/2021 10:55 AM INDEX NO. CV21-0026
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/10/2021
16. The above setscnts are true to the best of my knowledge.
FURTHER AFFIANT SAYETH NOT.
Signed this _15 day of Apr { \ , 20 _11
David Ryan
Employee of Credit One Bank, N.A.
Au±orized Representative of MHC Receivables, LLC
Authorized Repre::ntetive of FNBM, LLC
ACKNOWLEDGMENT OF SIGNATURE BY LICENSED NOTARY
STATE OF NEVADA )
) ss.
COUNTY OF CLARK )
This instmment was ackacwledged before me on thd day of JU Ê, 2 by ___ ,
Authorized Representative of FNBM, LLC, Authorized Representati e of MHC Receivables, LLC, and Employee of Credit One
Bank, N.A.
'
Notary Public
9
CRYSTALOFFORD
NOTARYPUBUC
STAM OFNEVADA
Appl No.204948-0f
W Appt. Expires June 4, 2024
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CERTIFICATE OF CONFORMITY
STATE OF NV
CITY OF LAS VEGAS
The undersigned does hereby certify that he/she is an attorney at law duly ±.i::cd to practice in the State of NV
and is a resident of Las Vegas, in the State of Nevada; that he/she is a person duly qualified to make this certificate
of conformity pursuant to the laws of the State of NV; that the foregoing acknowledgment by David Ryan named in
the foregoing instrument taken before Crystal Offord notary in the State of NV was taken in the manner prescribed
by such laws of the State of NV, being the State in which it was taken; and that it duly conforms with such laws and
is in all respects valid and effective in such state.
April 26, 2021
Date Timothy J. Bellamy
Nevada State Bar # 14973C
CreditOne Bank, N.A.
6801 S. Cimmaron Rd
Las Vegas, NV 89113
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Original Creditor Seller Data Sheet
Orig. Creditor Acet Number: XXXXXXXXXXXX7386
Orig. Creditor Cross Ref number: 34752985
Account Open Date: 11/28/2017
Charge-off Amount: Sl,357.74
Charge-off Date: 04/l 1/2019 p
Consumer Last four digits of SSN: XXX-XX-4337
Consumer First Name: Donald
Consumer Middle Name
Consumer Last Name: Shennan
Consumer Suffix:
Consumer Residence Addrs 1: 177 Furnace Rd
Consumer Residence Addrs 2:
Consumer City: Moriah
Consumer State: NY
ConsumerZip Code: 12960
Post-Charge-offinterest:
Post-Charge-off Fees: S.00
Post-Charge-off Credits or Payments Made: S.00
Last Payment Amount: $38.00
Last Payment Date: 09/08/2018
Balance Due at time of Sale: SI,357.74
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/10/2021
BILL OF SALE AND ASSIGNMENT OF ACCOUNTS
FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES, LLC
As of April 30, 2019, for good and valuable consideration, the receipt and sufñciency of which is hereby
acknaw!adged, 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 intemst in and
to (i) the charged-off credit card accounts identi&ed on an account level basis in the data file named
CreditOne-Sherman_052019 (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 epp!ications, statements, terms and condition), and (iii) all claims or rights arising out of or relating to each
account referenced on the Computer File (collectively hereinefter, the "Accounts") inebding, but not limited to, all
claims and rights afforded each Account by virtue of that Account's corresponding terms and cc;di:!cs.
The Accounts transferred under the terms of this Bill of Sale and Assignment of Accounts were each
transferred to Assignee im=:di:::!y fc"s d .g charge off for each applicablo Account, as shown in the Computer File.
With respect to information for the Accounts, Assignor represents and warrants to Assignee that the hesissi
records conscycd to Assignee relating to: (i) the Acccüats issued by Assignor; and (ii) the sale and ==ign=::: of
Accounts by Assignor (cüllectively, 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 mpmsentative with personal
Lusw|dge of the act, event, condition, or opinion (collectively "Event") to be recorded, to make the appropriate
mse-adc: or recording of the Event at or reasonably near the time of the Event. Furthcrmarc, Assignor represents
and warnmts to Assignee that the Business Records are materially comp!ete and accurate, and thomughly embody the
information in Assignor's custody and control for the Accaüñis 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 warrantics 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 acknawicdgment, as rati&cation, and as evidence of the intent of the parties to
transfer the Accounts.
CREDIT ONE BANK, N.A,
ry wood
Vice President
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EXHIBIT A
ACCOUNT SCHEDULE
The Accounts that are specifically ideliñcd in the electronic tile named CreditOne-Sherman_052019 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 April 30, 2019, for good and valuable wesidwâilon, the receipt and sufficiency of which is hereby
acknowledged, Credit One Bank, N.A. ("A=ign=") has transferred, has sold, has assigned, has conveyed, has granted
and has otherwise delivered to MHC Receivab!=, 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_052019 (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 Assignmear of Receivab'es evidences the intent between the parties for the transfer of the Reccivabica, acts
as an acknowledgement of those transfers, and, to the extent necessary, ratificatiañ of the transfers.
With respect to ;ñfermatiañ 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 b=in=s. It is in the regular course of business of Assignor for an employee or an authorized
representative with personal knowledge of the act, event, candition, or opinion (collectively "Event") to be recorded,
to make the appropriate memo andt:m 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 informatian in Assignor's custody and control for the Rcccivables 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
n:presentations.
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 ratificatica, and as evidence of the intent of the parties to
transfer the Receivables.
CREDIT ONE BANK, N.A.
ary Har od
Vice President
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EXHIBIT A
ACCOUNT SCHEDULE
The Accounts that are specifically identified in the electronic file named CreditOne-Sherman_052019 with such
electronic file incGrps iéd herein by reference.
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BILL OF SALE 4NDASSIGNMENT OF RECEIVABLES
FROM MHC RECEIVABLES, LLC, TO FNBM, LLC
As of May 14, 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, IlC, ("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
A"
titled CreditOne-Sherman_052019 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 materiaHy complete and
accurate, and thcmngh!y embody the information in Assignor's custody and control for the Receivables from their
creation until the time of transfer to Assignee. These reprcser,tations and warranties am intended to augment any other
reprosoutations and warranties the parties may have in place and not supplant any other existing warranties and
representations.
This Bill of Sale and A=ig=ont 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 Menti5ed in the electronic file named CreditOne _Sherman_052019, with such
electronic file incevrated herein by reference.
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BILL OF SALE ANDASSIGNMENT OF RECEIVABLES
FROM FNBM, LLC, TO SHERMAN ORIGINATOR IH LLC
On May 14, 2019, PNBM, 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 IH 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_052019 attached hereto
and incep-t-d by reference as "Bxhibit 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 tecords 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 reconfed, 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 transferto 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 i, Authori epresentative
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I
EXHIBIT A
ACCOUNT SCHEDULE
The Accounts that are specifically ider.tified in the electro::ic file name CreditOne-Sherman_052019 , with such
electronic file ir.cargstated herein by reference,
I
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BILL OF SAIA AND ASSIGNMENT OF ACCOUNTS
FROM MHC RECEIVApbES, LLC TO SHERMAN ORIGINATOR HI LLC
On May 14, 2019, for good and valuable consideration, the receipt and sufficiency of which is hereby
acFaewl-dged, MHC Receivables, LLC ("Assignor"), hereby transfers, sells, assigns, conveys, grants and otherwise
delivers to Sherman Originator IH 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 0s2019 (the
"Computer Pile"), a copy of which is attached hereto and ince:porated herein by reference as "Exhibit A"; and, (ii)
certain related account level media or electronic copies thereof (including, but not limited to applications, steam-nts,
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
a=ip=ent 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 n:corded, 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 repr=nt=tions and warranties are intended to augment
any other repn:sentations and warranties the parties may have in place and not supplant any other existing warranties
and representations.
This Bill of Sale and A=ip=cnt 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 spaciñcally id::t!T.:d in the electronic file named Creditone_Sherman_052019 , with such
alaer-=ia 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 May 02, 2019
delivered by MHC Receivables, LLC and FNBM, LLC on May 14, 2019 for purchase by
SOLLC III on May 14, 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: 14, 2019 Sherman Originator Ill LLC
May
a Delaware Limited Liability Company
By:
Na : Jon Ma
Titl : Director
Dated: 14, 2019 Sherman Originator LLC
May
a Delaware Limited Liability Company
By:
me: Jackson Walker
itle: Authorized Representative
Dated: 14, 2019
LVNV Funding LLC
May
a Delaware Limited Liability Company
Preview
FILED: ESSEX COUNTY CLERK 12/10/2021 10:55 AM INDEX NO. CV21-0026 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/10/2021 AFFIDAVIT OF FACTS AND SAl,E OF ACCOUNT RY ORIGINAL CREDITOR (Debt Buver Actions) The undersigned, being duly sworn, deposes and says: 1. I am an employee of Credit One Bank, N.A. ("Credit One Bank") and an authorized repre=ntative of its affiliates, as described in the Supple=ental Affidavit attached hereto (collectively, "Original Creditor"), and I have personal knowledge of and access to Original Creditor's books and records ("Business Records"), including electronic records, relating to a pool of charged-off con==:r credit accounts sold or assigned by Original Creditor to Sherman Originator III LLC ("Debt Buyer"), on 05/14/2019 (the "Sale"), which included the account ("Account") of the consumer ("Consumer") as identiñed in the exhibits attached hereto and incorporated herein. As part of the Sale, Original Creditor assigned all of its interest in the Accounts, lüding the right to any proceeds from the Accounts, to Debt Buyer, and it transferred Business Records relating to the Accounts to Debt Buyer. A true and correct copy of the bill of sale or written assignment of the Account is attached as an exhibit to this affidavit. 2. In my position, I also have personal knowledge of Original Creditor's procedures for creating and maintaining its Business Records, including its preced-es relating to the sale and assignment of consumer credit accounts. Original Creditor'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 kñcwicdge of Original Creditor's Business Records, I have personal knowledge of the facts set forth in this affidavit. 3. Credit One Bank and Consumer were parties to a credit agreement ("Agreement"). Consumer agreed to pay Credit One Bank for all goods, services and cash advances provided pursuant to the Agreement. The date and the amount of the last payment, if any, made by Conemer are set forth in an exhibit attached hereto and made a part hereof. Consumer defaulted and a demand for payment was made by Credit One Bank. A true and correct copy of a document provided to Consumer evidencing the Agreement is attached as an exhibit to this affidavit. 4. At the time of Sale, Censumer owed the amount set forth in the exhibits attached hereto and made a part hereof, which also set forth the name of the Censumer; the last four digits of the Account number; the date and amount of the charge-off balance; the date and amount of the last payment, if any; the total amounts, if spplicable, of any post-charge-offinterest and post-charge- off fees and charges; any post-charge-off credits or payments made by or on behalf of the Cens'==er; and the balance due at the time of the Sale. The above statements are true and correct to the best of my personal knowledge. David Ryan Employee of Credit One Bank, N.A. Dated: MGd t ACKNOWLEDGMENT OF SIGNATURE BY LICENSEDROTARY STATE OF NEVADA ) ) ss. COUNTY OF CLARK ) This instrument was acknowicdged Employee of Credit One Bank, N.A. before me on the /gday of Ó , 20Óby , Notary Public CRYSTAL OFFORD NOTARY PUBLIC STATE OF NEVADA Appt. No. 20-5948-01 My Appt Expires June 4. 2024 11114Ill|llllll1Ill1Illll Ililllill 682494452 Page: 1 of 7 1 of 20 FILED: ESSEX COUNTY CLERK 12/10/2021 10:55 AM INDEX NO. CV21-0026 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/10/2021 CERTIFICATE OF CONFORMITY STATE OF NV CITY OF LAS VEGAS The undersigned does hereby certify that he/she is an attorney at law duly admitted to practice in the State of NV and is a resident of Las Vegas, in the State of Nevada; that he/she is a person duly qualified to make this certificate of conformity pursuant to the laws of the State of NV; that the foregoing acknowledgment by David Ryan named in the foregoing instrument taken before Crystal Offord notary in the State of NV was taken in the manner prescribed by such laws of the State of NV, being the State in which it was taken; and that it duly conforms with such laws and is in all respects valid and effective in such state. April 26, 2021 Date Timothy J. Bellamy Nevada State Bar # 14973C Credit One Bank, N.A. 6801 S. Cimmaron Rd Las Vegas, NV 89113 2 of 20 FILED: ESSEX COUNTY CLERK 12/10/2021 10:55 AM INDEX NO. CV21-0026 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/10/2021 SUPPLEMENTAL AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY ORIGINAL CREDITOR (Debt Buyer Actions) State of: Nevada County of: Clark Account Holder: Donald Sherman Social Security No: XXX-XX-4337 Original Creditor Account No: XXXXXXXXXXXX7386 ppwirl Ryan , being duly swom, deposes and says: 1. I am over 18 and not a party to this action. I am an employee of Credit One Bank, N.A. ("Credit One"). In that capacity, I have access to certain business records of Credit One. I am aware of the process of the sale and assignment of ele±adcally stored business records of Credit One. 2. I am an authorized representative of FNBM, LLC ("FNBM"), and an authorized representative of MHC Receivables, LLC ("MHC") and have been duly authorized by both entities to make the statements and representations included in this affidavit. The si-i=eests set forth herein are true and correct, based on either personal knowledge or review of the business records, or both, of one or more of Credit One, MHC, or FNBM. 3. Credit One originates consumer credit card accounts ("Accounts") and is entitled to all amounts due under such Accounts ("Receivables") from the time the Receivable is created until such rights are sold or *•ached. At all times that Credit One, or MHC, or FNBM owns any Account or Receivable, Credit One services such Accounts and Receivables whether in its own right, or as an agent of MHC or of FNBM. Such servicing includes msismising and recording information related to the origination, servicing, transaction history, and ownership of such aceanac and Receivables ("Business Records") whether such Business Records relate to Credit One, to MHC, or to FNBM. It is in the regular course of business of Credit One for an employee or representative with personal knowledge of the act, event, condition, or opinion recorded to be recorded in the Business Records to: (i) make mememadam or records; or (ii) to transmit information thereof to be included in such memorandum or records; and (iii) that the records be made at or near the time of the act and/or event recorded or reasonably soon thereafter. 4. As an authorized representative of MHC, and of FNBM, my duties include having irewledge of, and access to, business records relating to the Accounts and Receivables owned by MHC and FNBM, respectively. These records include Business Records received from Credit One, as the business records of Credit One, and incorporated and maintin-d by MHC and by FNBM as the business records of MHC and FNBM, respectively. 5. Such Business Records include those maintained by or on behalf of Credit One, of MHC and of FNBM in the ordinary course of its business with regard to the sale and edgnment of Credit One, of MHC, and of FNBM's Accounts and Receivables. 6. From time to time, Credit One transfers certain Business Records to MHC and to FNBM related to the Accounts and Receivables serviced by Credit One. These Business Records are transmitted to FNBM and to MHC in the normal course of Credit One's business. Both FNBM and MHC accept these Business Records as the business records of Credit One and incorporated these Business Records into their own. 7. For such Business Records, it was in the regular course of MHC and FNBM's business for an employee or representative with personal knowledge of the act, event, ccedities, or opinion receided to: (i) make memorandum or records; or (ii) to transmit information thereof to be included in such memorandum or records; and (iii) that the records be made at or near the time of the act and/or event recorded or reasonably soon thereafter. Page: 3 of 7 3 of 20 FILED: ESSEX COUNTY CLERK 12/10/2021 10:55 AM INDEX NO. CV21-0026 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/10/2021 8. The Business Records indicate that account XXXXXXXXXXXX7386 (the "Account") was opened by Credit One on 11/28/2017 (the "Originaticñ Date") in the name of Donald Sherman with a Social Security Number with the last four digits ending in 4337 (the "Consumer"). 9. Under the terms and c::di:!::3 of the Account, the Consumer agreed to pay Credit One for all goods, services, and cash advances provided pursuant the terms and c::f!!!n.; of the Account. As shown in the Business Records, the Ce:::=:r failed to make all the payments as required by the terms and conditions of the Account. Under the terms and ceedit!:= of the Account referenced by the Business Records, the full balance under the Account was charged off on April I1, 2019 with a balance immediately due and owing of Sl,357.74. 10. On or about May 14, 2019 (the "Sale Date"), MHC and FNBM, as applicable, sold a pool of charged-off accounts and their associated receivables to Sherman Originator III LLC ("Debt Buyer"). The Account was included within the pool sold to Debt Buyer on the Sale Date. I am not aware of any errors in the Busiñcss Records, account documents, or any other document evidencing the ownership and status of the Account. I I. For the period from the Origimrinn Date to the Sale Date, Credit One, in the regular course of business, caused periodic billing statements to be delivered each month to the Consumer, unless such satements were not required by law. Such statements were a true and accurate reflection of the Business Records and were sent each month from the date the Account was opened until the Sale Date (other than where no statement may have been required by law). 12. The Business Records of Credit One indicate that as of the date the Account was sold, there was due and payable on the Account of $1,357.74. The records indicate that there were no üñcredited paymcñ:3 against such amount at the time of sale. 13. The Business Records of Credit One indicate that the last payment received on the Account prior to the Sale Date was posted to the Account on 9/8/2018 in the amount of $38.00. The unpaid balance does not include any interest or fees of any kind accrued or otherwise charged to the Customer after the Charge-off Date. 14. Pursuant to the sale, both MHC and FNBM, as applicable, sold, transferred, assigned, ccñveyed, granted, bargained, set over and delivered to Debt Buyer and its successors and assigns, good and marketable title to the Account and all associated unpaid Receivables free and clear of any encumbrance, lien, pledge, charge, claim or security interest. 15. In conn~·tier with the sale of the Account, Business Records, including but not limited to electisñic copies of billing eatementc, were transferred to or otherwise made available to the Debt Buyer (the "Transferred Records"). The Transferred Records were kept by Credit One, MHC, and/or FNBM in the regular course of business, and it was in the regular course of business for an employee or representative with personal knowledge of the act, event, condition, or opinion ra'erded : (i) make memorandum or records; or (ii) to transmit informâ:icñ thereof to be included in such memer-adum or records; and (iii) that the records be made at or near the time of the act and/or event recorded or reasonably soon thereafter. To the extent that the Transferred Records include records that were prepared by a third party, including but not limited to any credit card assõciation, they are records that were incorporated into the records of Credit One, MHC, and/or FNBM as a business record and the accuracy of such records are relied upon by Credit One, MHC, and/or FNBM in the regular course of business. The relevant Business Records pertaining to the Account described about is hereby attached and made a part hereof. The remainder of the page is intentionally left blank. Page: 4 of 7 4 of 20 FILED: ESSEX COUNTY CLERK 12/10/2021 10:55 AM INDEX NO. CV21-0026 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/10/2021 16. The above setscnts are true to the best of my knowledge. FURTHER AFFIANT SAYETH NOT. Signed this _15 day of Apr { \ , 20 _11 David Ryan Employee of Credit One Bank, N.A. Au±orized Representative of MHC Receivables, LLC Authorized Repre::ntetive of FNBM, LLC ACKNOWLEDGMENT OF SIGNATURE BY LICENSED NOTARY STATE OF NEVADA ) ) ss. COUNTY OF CLARK ) This instmment was ackacwledged before me on thd day of JU Ê, 2 by ___ , Authorized Representative of FNBM, LLC, Authorized Representati e of MHC Receivables, LLC, and Employee of Credit One Bank, N.A. ' Notary Public 9 CRYSTALOFFORD NOTARYPUBUC STAM OFNEVADA Appl No.204948-0f W Appt. Expires June 4, 2024 Page: 5 of 7 5 of 20 FILED: ESSEX COUNTY CLERK 12/10/2021 10:55 AM INDEX NO. CV21-0026 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/10/2021 CERTIFICATE OF CONFORMITY STATE OF NV CITY OF LAS VEGAS The undersigned does hereby certify that he/she is an attorney at law duly ±.i::cd to practice in the State of NV and is a resident of Las Vegas, in the State of Nevada; that he/she is a person duly qualified to make this certificate of conformity pursuant to the laws of the State of NV; that the foregoing acknowledgment by David Ryan named in the foregoing instrument taken before Crystal Offord notary in the State of NV was taken in the manner prescribed by such laws of the State of NV, being the State in which it was taken; and that it duly conforms with such laws and is in all respects valid and effective in such state. April 26, 2021 Date Timothy J. Bellamy Nevada State Bar # 14973C CreditOne Bank, N.A. 6801 S. Cimmaron Rd Las Vegas, NV 89113 6 of 20 FILED: ESSEX COUNTY CLERK 12/10/2021 10:55 AM INDEX NO. CV21-0026 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/10/2021 Original Creditor Seller Data Sheet Orig. Creditor Acet Number: XXXXXXXXXXXX7386 Orig. Creditor Cross Ref number: 34752985 Account Open Date: 11/28/2017 Charge-off Amount: Sl,357.74 Charge-off Date: 04/l 1/2019 p Consumer Last four digits of SSN: XXX-XX-4337 Consumer First Name: Donald Consumer Middle Name Consumer Last Name: Shennan Consumer Suffix: Consumer Residence Addrs 1: 177 Furnace Rd Consumer Residence Addrs 2: Consumer City: Moriah Consumer State: NY ConsumerZip Code: 12960 Post-Charge-offinterest: Post-Charge-off Fees: S.00 Post-Charge-off Credits or Payments Made: S.00 Last Payment Amount: $38.00 Last Payment Date: 09/08/2018 Balance Due at time of Sale: SI,357.74 Page: 7 of 7 7 of 20 FILED: ESSEX COUNTY CLERK 12/10/2021 10:55 AM INDEX NO. CV21-0026 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/10/2021 BILL OF SALE AND ASSIGNMENT OF ACCOUNTS FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES, LLC As of April 30, 2019, for good and valuable consideration, the receipt and sufñciency of which is hereby acknaw!adged, 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 intemst in and to (i) the charged-off credit card accounts identi&ed on an account level basis in the data file named CreditOne-Sherman_052019 (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 epp!ications, statements, terms and condition), and (iii) all claims or rights arising out of or relating to each account referenced on the Computer File (collectively hereinefter, the "Accounts") inebding, but not limited to, all claims and rights afforded each Account by virtue of that Account's corresponding terms and cc;di:!cs. The Accounts transferred under the terms of this Bill of Sale and Assignment of Accounts were each transferred to Assignee im=:di:::!y fc"s d .g charge off for each applicablo Account, as shown in the Computer File. With respect to information for the Accounts, Assignor represents and warrants to Assignee that the hesissi records conscycd to Assignee relating to: (i) the Acccüats issued by Assignor; and (ii) the sale and ==ign=::: of Accounts by Assignor (cüllectively, 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 mpmsentative with personal Lusw|dge of the act, event, condition, or opinion (collectively "Event") to be recorded, to make the appropriate mse-adc: or recording of the Event at or reasonably near the time of the Event. Furthcrmarc, Assignor represents and warnmts to Assignee that the Business Records are materially comp!ete and accurate, and thomughly embody the information in Assignor's custody and control for the Accaüñis 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 warrantics 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 acknawicdgment, as rati&cation, and as evidence of the intent of the parties to transfer the Accounts. CREDIT ONE BANK, N.A, ry wood Vice President 8 of 20 FILED: ESSEX COUNTY CLERK 12/10/2021 10:55 AM INDEX NO. CV21-0026 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/10/2021 EXHIBIT A ACCOUNT SCHEDULE The Accounts that are specifically ideliñcd in the electronic tile named CreditOne-Sherman_052019 with such electronic file incorporated herein by reference. 9 of 20 FILED: ESSEX COUNTY CLERK 12/10/2021 10:55 AM INDEX NO. CV21-0026 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/10/2021 BILL OF SALE AND ASSIGNMENT OF RECEIVABLES FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES, LLC As of April 30, 2019, for good and valuable wesidwâilon, the receipt and sufficiency of which is hereby acknowledged, Credit One Bank, N.A. ("A=ign=") has transferred, has sold, has assigned, has conveyed, has granted and has otherwise delivered to MHC Receivab!=, 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_052019 (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 Assignmear of Receivab'es evidences the intent between the parties for the transfer of the Reccivabica, acts as an acknowledgement of those transfers, and, to the extent necessary, ratificatiañ of the transfers. With respect to ;ñfermatiañ 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 b=in=s. It is in the regular course of business of Assignor for an employee or an authorized representative with personal knowledge of the act, event, candition, or opinion (collectively "Event") to be recorded, to make the appropriate memo andt:m 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 informatian in Assignor's custody and control for the Rcccivables 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 n:presentations. 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 ratificatica, and as evidence of the intent of the parties to transfer the Receivables. CREDIT ONE BANK, N.A. ary Har od Vice President 10 of 20 FILED: ESSEX COUNTY CLERK 12/10/2021 10:55 AM INDEX NO. CV21-0026 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/10/2021 EXHIBIT A ACCOUNT SCHEDULE The Accounts that are specifically identified in the electronic file named CreditOne-Sherman_052019 with such electronic file incGrps iéd herein by reference. 11 of 20 FILED: ESSEX COUNTY CLERK 12/10/2021 10:55 AM INDEX NO. CV21-0026 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/10/2021 BILL OF SALE 4NDASSIGNMENT OF RECEIVABLES FROM MHC RECEIVABLES, LLC, TO FNBM, LLC As of May 14, 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, IlC, ("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 A" titled CreditOne-Sherman_052019 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 materiaHy complete and accurate, and thcmngh!y embody the information in Assignor's custody and control for the Receivables from their creation until the time of transfer to Assignee. These reprcser,tations and warranties am intended to augment any other reprosoutations and warranties the parties may have in place and not supplant any other existing warranties and representations. This Bill of Sale and A=ig=ont 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 12 of 20 FILED: ESSEX COUNTY CLERK 12/10/2021 10:55 AM INDEX NO. CV21-0026 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/10/2021 EXHIBIT A ACCOUNT SCHEDULE The Accounts that are specifically Menti5ed in the electronic file named CreditOne _Sherman_052019, with such electronic file incevrated herein by reference. 13 of 20 FILED: ESSEX COUNTY CLERK 12/10/2021 10:55 AM INDEX NO. CV21-0026 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/10/2021 BILL OF SALE ANDASSIGNMENT OF RECEIVABLES FROM FNBM, LLC, TO SHERMAN ORIGINATOR IH LLC On May 14, 2019, PNBM, 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 IH 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_052019 attached hereto and incep-t-d by reference as "Bxhibit 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 tecords 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 reconfed, 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 transferto 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 i, Authori epresentative 14 of 20 FILED: ESSEX COUNTY CLERK 12/10/2021 10:55 AM INDEX NO. CV21-0026 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/10/2021 I EXHIBIT A ACCOUNT SCHEDULE The Accounts that are specifically ider.tified in the electro::ic file name CreditOne-Sherman_052019 , with such electronic file ir.cargstated herein by reference, I 15 of 20 FILED: ESSEX COUNTY CLERK 12/10/2021 10:55 AM INDEX NO. CV21-0026 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/10/2021 BILL OF SAIA AND ASSIGNMENT OF ACCOUNTS FROM MHC RECEIVApbES, LLC TO SHERMAN ORIGINATOR HI LLC On May 14, 2019, for good and valuable consideration, the receipt and sufficiency of which is hereby acFaewl-dged, MHC Receivables, LLC ("Assignor"), hereby transfers, sells, assigns, conveys, grants and otherwise delivers to Sherman Originator IH 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 0s2019 (the "Computer Pile"), a copy of which is attached hereto and ince:porated herein by reference as "Exhibit A"; and, (ii) certain related account level media or electronic copies thereof (including, but not limited to applications, steam-nts, 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 a=ip=ent 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 n:corded, 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 repr=nt=tions and warranties are intended to augment any other repn:sentations and warranties the parties may have in place and not supplant any other existing warranties and representations. This Bill of Sale and A=ip=cnt of Accounts shall serve as evidence of ownership for any of the Accounts conveyed hereby. MHC Receivables, LLC Mark Rufail, Authorized Representative 16 of 20 FILED: ESSEX COUNTY CLERK 12/10/2021 10:55 AM INDEX NO. CV21-0026 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/10/2021 EXHIBIT A ACCOUNT SCHEDULE The Accounts that are spaciñcally id::t!T.:d in the electronic file named Creditone_Sherman_052019 , with such alaer-=ia file incorporated herein by reference. 17 of 20 FILED: ESSEX COUNTY CLERK 12/10/2021 10:55 AM INDEX NO. CV21-0026 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/10/2021 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 May 02, 2019 delivered by MHC Receivables, LLC and FNBM, LLC on May 14, 2019 for purchase by SOLLC III on May 14, 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: 14, 2019 Sherman Originator Ill LLC May a Delaware Limited Liability Company By: Na : Jon Ma Titl : Director Dated: 14, 2019 Sherman Originator LLC May a Delaware Limited Liability Company By: me: Jackson Walker itle: Authorized Representative Dated: 14, 2019 LVNV Funding LLC May a Delaware Limited Liability Company