Preview
FILED: WAYNE COUNTY CLERK 01/26/2022 10:24 AM INDEX NO. CV087155
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/26/2022
AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY 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 representative of its affiliates, as
described in the Suppleme±e! 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 consumer credit accounts sold or assigned by Original Creditor to hrman Originator III LLC ("Debt Buyer"),
on 08/20/2019 (the "Sale"), which included the account ("Account") of the consumer ('Consumer") as identified in the
exhibits attached hereto and incorporated herein. As part of the Sale, Original Creditor assigned all of its interest in the
Acccünts, including the right to any proceeds from the Accounts to Debt Buyer, and it transferred Business Records
relating to the Acccunts 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 méntening its
Business Records, including its procedures relating to the sale and as::ign=ent of com"=er 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
knowledge of OriginalCreditor's Business Records, I haw personal knowledge of the facts set forth in this davit.
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 Consumer 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.
5. At the time of Sale, Consumer owed the amount set forth in the exhibits attached hereto and made a part hereof, which
also set forth the name of the Consumer; the last four digits of the Account number; the date and amount of the charge-off
balance; the date and amount of the last psy=ent, if any; the total amounts, if applicable, of any post-charge-off interest and
post-chargeoff fees and charges; any post-charge-off credits or payments made by or on behalf of the Consumer; and the
balance due at the time of the Sale. The above statements are true and correct to the best of my personal knowledge.
Nancy Earie
d
ACKNOWLEDGMENT OF SIGNATURE BY LICENSED NOTARY
STATE OF NEVADA )
)ss.
COUNTY OF CLARK )
This instrument was acknowledged before me on the day of , 20_ y hcy Ea®
Employee of Credit One Bank, N.A.
Notary Public
CRYSTAL OFFORD
6853967 11 NOTARY PUBLIC
STATE OF NEVADA Pagc: 1 of 7
Appt No. 20-5948-01
My Appt. Expires June 4, 2024
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FILED: WAYNE COUNTY CLERK 01/26/2022 10:24 AM INDEX NO. CV087155
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/26/2022
CERTIFICATE OF CONFORMITY
STATE OF NV
CITY OF LAS VEGAS
The undersigned does hereby certify that be/she is an attorney at law duly ad±::d to practice in the State of NV
and is a resident of Las Vegas, in the State of Nevada; that he/she is a persön duly qualified to make this certificate
of cõñformity pursuant to the laws of the State of NV; that the foregoing ackacw'cdgmcat by Nancy Earle 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 cGñforms with such laws and
is in all respects valid and effective in such state.
Nov 19, 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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FILED: WAYNE COUNTY CLERK 01/26/2022 10:24 AM INDEX NO. CV087155
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/26/2022
SUPPLEMENTAL AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY ORIGINAL
CREDITOR
(Debt Buyer Actions)
State of: Nevada
County of: Clark
Account Holder: Allison Ralston
Social Security No: XXX-XX-4108
Original Creditor Account No: XXXXXXXXXXXX3982
Nancy ® , being duly sworn, 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
electronically 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 ddavit.
The statements 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 iramferred. 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 maintaining and recording information related to the
origination, servicing, transaction history, and ownership of such accounts 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 reprcscñ:atim with personal knowledge of the act, event, condition, or opinion recorded to be recorded in
the Business Records to: (i) make memorandum or records; or (ii) to transmit informatics 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 ½=ledge of, and access to, business
records relating to the Accounts and Receivables owned by MHC and FNBM, respectively.'Ihese records include Business
Records received from Credit One, as the business records of Credit One, and incorparated and -weed by MHC and by
FNBM as the business records of MHC and FNBM, respectively. j
5. Such Business Records include those rdntdred 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 assignment 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.'Ihese Business Records are te.rsñúñéd 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 Reces, it was in the regular course of MHC and FNBM's business for an employee or representative
with personal knowledge of the act, event, cen±tion, or opinion recorded to: (i) make memorandum or records; or (ii) to
transmit information thereof to be headed in such meñicrâñdum 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: WAYNE COUNTY CLERK 01/26/2022 10:24 AM INDEX NO. CV087155
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8. The Business Records indicate that account XXXXXXYYYYYY3982 (the "Account") was opened by Credit One on
08/25/2016 (the "Origination Date") in the name of Allison Ralston with a Social Security Number with the last four digits
ending in 4108 (the 'Consumer").
9. Under the terms and c itism of the Account, the Consumer agreed to pay Credit One for aII goods, services, and cash
advances prGvided pursuant the terms and conditions of the Account. As shown in the Business Records, the Consumer
failed to make all the payments as required by the terms and c::fit!:= of the Account. Under the terms and c::±!ti:= of
the Account referenced by the Business Records, the full balance under the Account was charged off on 07/21/2019 with a
balance immediately due and owing of S1,875.29.
10. On or about 08/20/2019 (the "Sale Date"), MHC and FNBM, as applicable, sold a pool of charged-off accounts and their
associated receivablesto Sherman Originator IH LLC ('Debt Buyer"). he Account was included within the pool sold to
Debt Buyer on the Sale Date. I am not aware of any errors in the Business Records, account dec=ents or any other
dGcümcat evidencing the ownership and status of the Account.
1 1. For the period from the Origination Date to the Sale Date, Credit One, in the regular course of business, caused periodic
billing statemen's to be de!i=cd each month to the Consumer, unless such statements 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. he Business Records of Credit One indicate that as of the date the Account was sold, there was due and payable on the
Account of $1,875.29. ne records indicate that there were no uncredited payments against such amount at the time of sale.
13. he 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 12/14/2018 in the amount of $70.00. The unpaid balance does not include any interest or fees of
any kind accrued or otherwise to the Customer after the Charge-off Date.
14. Pursuant to the sale, both MHC and FNBM, as applicable, sold, transferred, assigned, conveyed, 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 connection with the sale of the Account, Business Records, including but not limited to dcctronic copies of billing
statements, 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 emplGyee or representative with personal knGw!cdge of the act, event, condition, or opinion recGrdcd : (i)
make memarâñdsm or records; or (ii) to transmit infarñ¡ation thereof to be included in such na.usus andum 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 association, 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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NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/26/2022
16. 'Ihe above statements are true to the best of my loow!cdgc.
FUR'IHER SA OT.
Signed this ___ day of , 202)
Nancy Ea
Employee of Credit e Bank, N.A.
Authorized Representative of MHC Receivables, LLC
AuthGrized Reprosoñtative of FNBM, LLC
ACKNOWLEDGMENT OF SIGNATURE BY LICENSED NOTARY
STA'IE OF NEVADA ) .
)ss.
COUNTY OF CLARK )
'Ihis instrument was acknowledged ancy Earle
before me on the day of , 20Óy
Authorized Represcanailve of FNBM, LLC, Authorized Representati ve of MHC Receivables, LLC, and Eñ-playcc of Credit
One Bank, N.A.
Notary Public
CRYSTAL OFFORD
NOTARY PUBLIC
STATE OF NEVADA
Appt. No. 20-5948-01
My 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 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 Nancy Earle named in
the faregóing 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.
Nov 19, 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: XXXXXXXXXXXX3982
Orig. Creditor Cross RefNumber: 29705927
Account Open Date: 08/25/2016
Charge-off Amount: $1,875.29
Charge-off Date: 07/21/2019
Consumer Last four digits of SSN: XXX-XX-4108
Consumer First Name: Allison
Consumer Middle Name:
Consumer Last Name: Ralston
Consumer Suffix:
Consumer Residence Addrs 1: 2200 Walworth Penfield Rd
Consumer Residence Addrs 2: Upper
Consumer City: Walworth *
Consumer State: NY
Consumer Zip Code: 14568
Post-Charge-off Interest:
Post-Charge-off Fees: S.00
Post-Charge-off Credits or Payments Made: SO.00
Last Payment Amount: S70.00
Last Payment Date: 12/14/2018
Balance Due at time of Sale: $1,875.29
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FILED: WAYNE COUNTY CLERK 01/26/2022 10:24 AM INDEX NO. CV087155
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/26/2022
BILL OF SALE AND ASSIGNMENT OF ACCOUNTS
FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES, LLC
As ofJuly 31, 2019. for good and valuable consideration. the receipt and sufficiency of which is hereby
acknowledged, Credit One Bank. N.A. ("Assignor") has transferred, has sold. has ==igned, has conveyed, has granted
and has otherwise delivered to MHC Receivables. LLC ("Assignee"). all of Assignor's right, title and interest in and
to (i) the charged-off credit card accounts identified on an account level basis in the data file named
CreditOne-Sherman_082019 (the "Computer File"), a copy of which is attached hereto and incorporated herein by
reference as "Exhibit A"; and. (ii) certain related account level media or electronic copies thereof (including. but not
limited to app‰tions, statements. terms and condition). and (iii) all claims or rights arising out of or relating to each
account referenced on the Computer File (collectively herciaafter. the "Accounts") including. but not limited to. all
claims and rights afforded each Account by virtue of that Account's corresponding terms and coeditions.
The Accounts transferred under the terms of this Bill of Sale and Assignment of Accounts were each
transferred to Assignee immediately follüwirig 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 ofits 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 appropriãie
memorandum or recording of the Event at or reasonably near the time of the Event. Furthermore. Assignor represents
and warrants to Assignec that the Business Records are materially complete and accurate, and thorough!y embody the
information in Assignor's custody and control for the Accounts from their creation until the time of transfer to
Assignee. These reprcscatations and warrendes are latcaded to augment any other representations and warrantiec 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 evideneu of the intent of the parties to
transfer the Accounts.
CREDIT ONE BANK, N.A.
Ga o
Vice President
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FEHIBIT A
ACCOUNT SCHEDULE
The Accounts that are spw:fkally identified in the e!ectronic file named Creditone-Sherman_082019 with such
c!cctrcr.ic file incorporated herein by reference.
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BILL OF SALE AND ASSIGNMENT OF RECEIVABLES
FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES, LLC
As of July 31, 2019, for good and valuable consideration. the receipt and sufficiency of which is hereby
acknowledged, Credit One Bank, N.A. ("Assignor") has transferred. has sold, has assigned, has conveyed, has granted
and has otherwise delivered to MHC Receivables, LLC ("Assignee"), all of Assignor's right, title and interest in and
to (i) the receivables associated with each and every account referenced in the data file named
CreditOne_Sherman_082019 (the "Computer File"). a copy of which is attached hereto and incorporated herein by
reference as "Exhibit A"; and, (ii) all claims or rights arising out of or relating to each of those Receivables (hereinafter,
the "Receivables").
The Receivables transferred under the terms of this Bill of Sale and Assignment of Receivables were each
transferred to Assignee prior to the charge off of the assuciaicd accounts. as shown in the Computer File. This Bill of
Sale and Assignment of Receivables evidences the intent between the parties for the transfer of the Receivables. acts
as an acknowledgemeñt of those transfers, and. to the extent necessary, ratification of the transfers.
With respect to irifarmation 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 memarandum or recordiag of the Event at or reasonably near the time of the Event.
Furthermore. Assignor represents and warrants to Assignec that the Business Records are materially complete and
accurate, and 3.o.uug.if embody the informaticñ in Assignor's custody and control for the Receivables from their
creation until the time of transfer to Assignee. These represcñtations and warranties are inicaded 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 rati tkatica and as evidence of the intent of the parties to
transfer the Receivables.
CREDIT ONE B NK, N.A.
arw of
Vice President
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EXHIBIT A
ACCOUNT SCHEDULE
The Accounts that are spacifically identified in the electronic file named CreditOne-Sherman_082019 with such
ele'Jo::ic file incorporated herein by reference.
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BILLOF SALE AND ASSIGNMENT0F RECE1VABLES
FROM MHC RECEIVABLES. LLC. TO FNBM, LLC
As of August 20, 2019, MHC Receivables, LLC ("Assignor"), for good and valuable consideration, the
receipt and sumciency 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_082019 attached hereto and incorporated by reference as "Exhibit ; and
[ (ii) all claims or rights arising out of or relating to the account level receivables (hereinafter the "Receivables").
With respect to information for the Receivables, Assignor represents and warrants to Assignee that the
business records conveyed to Assignee relating to the Receivables (the "Business Records"), are kept by Assignor in
the regular course of its business. It is in the regular course of business of Assignor for an employee or an authorized
representative with personal knowledge of the act, event, condition, or opinion (collectively "Event") to be recorded,
to make the appropriate memorandum or recording of the Event at or reasonably near the time of the Event
Furthermore, Assignor represents and warrants to Assignee that the Business Records are materially complete and
accurate, and thoroughly embody the infaraceón in Assignor's custody and control for the Receivables from their
creation until the time of transfer to Assignee. These rapres=tations 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 Assig:==: of Receivables shall serve as an acknowledgment, as redEcence, and as evidence
of the intent of the parties to transfer the Released Receivables referenced herein.
MHC Receivables, LLC
Mark Rufail, Authorized Representative
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EXHIBIT A
ACCOUNT SCHEDULE
The Accounts that are specifically identified in the electronic file named CreditOne-Sherman_082019, with such
electronic file incenerried herein by reference.
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SILL OF SALE AND ASSIGNMENT OF RECNVABLES
FROM FNBM. LLC. TOSHERMAN ORIGINATOR IH LLC
On August 20, 2019, FNBM, LLC ("Assignor"), for good and valuable consideration, the receipt of which
is hereby acknowledged, hereby transfers, sells, assigns, conveys, grants and delivers toSherman Originator III LLC
("Assignee"), all of its rights, title and interest in and to (i) the receivables Wei&4 and specifically referenced for
each of the accounts on an account level basis on the data file titled Creditone__Sherman_082019 attached hereto
and incorporated by reference as "Exhibit A"; and (ii) all claims or rights arising out of or relating to the receivables
(hereinafter the "Receivables").
With respect to inf6rmâticñ 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 memcrandum 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 thorcup.ly 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 repromontailuna 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 Asigñme:: of Receivables shali serve as evidence of ownship for any of the
Receivables conveyed hereby.
FNBM, LLC
Jon Mazz i, uthorized e sentative
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EXHIBIT A
ACCOUNT SCHEDULE
The Accounts that are speiEcally WMi&ed in the c:cctrcnic file name CreditOne-Sherman_082019 , with such
e!ee..mnic file incorporated herein by reference.
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BILL OF SAI,E AND ASSIGNMENT OFACCOUNTS
FROM MHC RECEIVABLES. LLC TO SHERMAN ORIGINATOR In LLC
On August 20, 2019, for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, MHC Receivables, LLC ("Assignor"), hereby transfers, sells, assigns, convoys, grants and otherwise
delivers to Sherman Originator III LLC ("Assignee"), all of Assignor's, rights title and interest in and to (i) the
charged-off accounts identified on an account level basis in the data file named Creditone-Sherman-082019 (the
"Computer File"), a copy of which is attached hereto and ince-porated herein by =femece as "Exhibit A"; and, (ii)
certain related account level media or electronic copies thereof (including, but not limited to applications,ste=::a,
terms and ccñditicñ), 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
assigr.ment 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 Acceene listed in the Computer File from Assignor's receipt
of those Accounts until the time of transfer to Assignee. These rep=sentations and warranties are intended to augment
any other repmsentations and warranties the parties may have in place and not supplant any other existing warranties
and representations.
This Bill ofSale 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
¹+-•:ª-'
The Accounts that are specifically in the alacha=ie file named CreditOne-Sherman_082019 , with such
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}
Transfer and Assignment
Sherman Origiñator 111 LLC ("SOLLC Ill"), without recourse, to the extent permitted by
applicable law, hereby transfers, sells, assigns, ceñveys, grants and delivers to Sherman
Originater LLC ("SOLLC") all of its right, title and interest in and to the receivables and other
assets (the "Assets") identified on Exhibit A, in the Receivable File dated August06, 2019
delivered by MHC Receivables, LLC and FNBM, LLC on August 20, 2019 for purchase by
SOLLC Ill on August 20, 2019. The transfer of the Assets included electronically stored
business records.
SOLLC, subsequent to the above mentioned transfer, hereby transfers, sells, assigns, conveys,
grants and delivers to LVNV Funding LLC("LVNV"), the above mentioned Assets. The transfer
of the Assets included electronically stored business records.
Dated: August 20, 2019 Sherman Originator III LLC
a Delaware Limited Liability C mpany
By:
N : Jon Ma
Titl : Director
Dated: August 2019 Sherman Originator LLC
20,
a Delaware Limited Liability Company
e: Jackson Walker
itle: Authorized Representative
Dated: August 20, 2019 LVNV Funding LLC
a Delaware Limited Liability Company
Name: Daniel Picciano
Title: Authorized Representative
18 of 20
FILED: WAYNE COUNTY CLERK 01/26/2022 10:24 AM INDEX NO. CV087155
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/26/2022
Preview
FILED: WAYNE COUNTY CLERK 01/26/2022 10:24 AM INDEX NO. CV087155 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/26/2022 AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY 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 representative of its affiliates, as described in the Suppleme±e! 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 consumer credit accounts sold or assigned by Original Creditor to hrman Originator III LLC ("Debt Buyer"), on 08/20/2019 (the "Sale"), which included the account ("Account") of the consumer ('Consumer") as identified in the exhibits attached hereto and incorporated herein. As part of the Sale, Original Creditor assigned all of its interest in the Acccünts, including the right to any proceeds from the Accounts to Debt Buyer, and it transferred Business Records relating to the Acccunts 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 méntening its Business Records, including its procedures relating to the sale and as::ign=ent of com"=er 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 knowledge of OriginalCreditor's Business Records, I haw personal knowledge of the facts set forth in this davit. 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 Consumer 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. 5. At the time of Sale, Consumer owed the amount set forth in the exhibits attached hereto and made a part hereof, which also set forth the name of the Consumer; the last four digits of the Account number; the date and amount of the charge-off balance; the date and amount of the last psy=ent, if any; the total amounts, if applicable, of any post-charge-off interest and post-chargeoff fees and charges; any post-charge-off credits or payments made by or on behalf of the Consumer; and the balance due at the time of the Sale. The above statements are true and correct to the best of my personal knowledge. Nancy Earie d ACKNOWLEDGMENT OF SIGNATURE BY LICENSED NOTARY STATE OF NEVADA ) )ss. COUNTY OF CLARK ) This instrument was acknowledged before me on the day of , 20_ y hcy Ea® Employee of Credit One Bank, N.A. Notary Public CRYSTAL OFFORD 6853967 11 NOTARY PUBLIC STATE OF NEVADA Pagc: 1 of 7 Appt No. 20-5948-01 My Appt. Expires June 4, 2024 1 of 20 FILED: WAYNE COUNTY CLERK 01/26/2022 10:24 AM INDEX NO. CV087155 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/26/2022 CERTIFICATE OF CONFORMITY STATE OF NV CITY OF LAS VEGAS The undersigned does hereby certify that be/she is an attorney at law duly ad±::d to practice in the State of NV and is a resident of Las Vegas, in the State of Nevada; that he/she is a persön duly qualified to make this certificate of cõñformity pursuant to the laws of the State of NV; that the foregoing ackacw'cdgmcat by Nancy Earle 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 cGñforms with such laws and is in all respects valid and effective in such state. Nov 19, 2021 Date Timothy J. Bellamy Nevada State Bar # 14973C CreditOne Bank, N.A. 6801 S. Cimmaron Rd Las Vegas, NV 89113 2 of 20 FILED: WAYNE COUNTY CLERK 01/26/2022 10:24 AM INDEX NO. CV087155 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/26/2022 SUPPLEMENTAL AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY ORIGINAL CREDITOR (Debt Buyer Actions) State of: Nevada County of: Clark Account Holder: Allison Ralston Social Security No: XXX-XX-4108 Original Creditor Account No: XXXXXXXXXXXX3982 Nancy ® , being duly sworn, 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 electronically 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 ddavit. The statements 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 iramferred. 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 maintaining and recording information related to the origination, servicing, transaction history, and ownership of such accounts 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 reprcscñ:atim with personal knowledge of the act, event, condition, or opinion recorded to be recorded in the Business Records to: (i) make memorandum or records; or (ii) to transmit informatics 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 ½=ledge of, and access to, business records relating to the Accounts and Receivables owned by MHC and FNBM, respectively.'Ihese records include Business Records received from Credit One, as the business records of Credit One, and incorparated and -weed by MHC and by FNBM as the business records of MHC and FNBM, respectively. j 5. Such Business Records include those rdntdred 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 assignment 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.'Ihese Business Records are te.rsñúñéd 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 Reces, it was in the regular course of MHC and FNBM's business for an employee or representative with personal knowledge of the act, event, cen±tion, or opinion recorded to: (i) make memorandum or records; or (ii) to transmit information thereof to be headed in such meñicrâñdum 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: WAYNE COUNTY CLERK 01/26/2022 10:24 AM INDEX NO. CV087155 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/26/2022 8. The Business Records indicate that account XXXXXXYYYYYY3982 (the "Account") was opened by Credit One on 08/25/2016 (the "Origination Date") in the name of Allison Ralston with a Social Security Number with the last four digits ending in 4108 (the 'Consumer"). 9. Under the terms and c itism of the Account, the Consumer agreed to pay Credit One for aII goods, services, and cash advances prGvided pursuant the terms and conditions of the Account. As shown in the Business Records, the Consumer failed to make all the payments as required by the terms and c::fit!:= of the Account. Under the terms and c::±!ti:= of the Account referenced by the Business Records, the full balance under the Account was charged off on 07/21/2019 with a balance immediately due and owing of S1,875.29. 10. On or about 08/20/2019 (the "Sale Date"), MHC and FNBM, as applicable, sold a pool of charged-off accounts and their associated receivablesto Sherman Originator IH LLC ('Debt Buyer"). he Account was included within the pool sold to Debt Buyer on the Sale Date. I am not aware of any errors in the Business Records, account dec=ents or any other dGcümcat evidencing the ownership and status of the Account. 1 1. For the period from the Origination Date to the Sale Date, Credit One, in the regular course of business, caused periodic billing statemen's to be de!i=cd each month to the Consumer, unless such statements 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. he Business Records of Credit One indicate that as of the date the Account was sold, there was due and payable on the Account of $1,875.29. ne records indicate that there were no uncredited payments against such amount at the time of sale. 13. he 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 12/14/2018 in the amount of $70.00. The unpaid balance does not include any interest or fees of any kind accrued or otherwise to the Customer after the Charge-off Date. 14. Pursuant to the sale, both MHC and FNBM, as applicable, sold, transferred, assigned, conveyed, 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 connection with the sale of the Account, Business Records, including but not limited to dcctronic copies of billing statements, 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 emplGyee or representative with personal knGw!cdge of the act, event, condition, or opinion recGrdcd : (i) make memarâñdsm or records; or (ii) to transmit infarñ¡ation thereof to be included in such na.usus andum 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 association, 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: WAYNE COUNTY CLERK 01/26/2022 10:24 AM INDEX NO. CV087155 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/26/2022 16. 'Ihe above statements are true to the best of my loow!cdgc. FUR'IHER SA OT. Signed this ___ day of , 202) Nancy Ea Employee of Credit e Bank, N.A. Authorized Representative of MHC Receivables, LLC AuthGrized Reprosoñtative of FNBM, LLC ACKNOWLEDGMENT OF SIGNATURE BY LICENSED NOTARY STA'IE OF NEVADA ) . )ss. COUNTY OF CLARK ) 'Ihis instrument was acknowledged ancy Earle before me on the day of , 20Óy Authorized Represcanailve of FNBM, LLC, Authorized Representati ve of MHC Receivables, LLC, and Eñ-playcc of Credit One Bank, N.A. Notary Public CRYSTAL OFFORD NOTARY PUBLIC STATE OF NEVADA Appt. No. 20-5948-01 My Appt. Expires June 4,2024 Page: 5 of 7 5 of 20 FILED: WAYNE COUNTY CLERK 01/26/2022 10:24 AM INDEX NO. CV087155 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/26/2022 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 Nancy Earle named in the faregóing 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. Nov 19, 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: WAYNE COUNTY CLERK 01/26/2022 10:24 AM INDEX NO. CV087155 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/26/2022 Original Creditor Seller Data Sheet Orig. Creditor Acet Number: XXXXXXXXXXXX3982 Orig. Creditor Cross RefNumber: 29705927 Account Open Date: 08/25/2016 Charge-off Amount: $1,875.29 Charge-off Date: 07/21/2019 Consumer Last four digits of SSN: XXX-XX-4108 Consumer First Name: Allison Consumer Middle Name: Consumer Last Name: Ralston Consumer Suffix: Consumer Residence Addrs 1: 2200 Walworth Penfield Rd Consumer Residence Addrs 2: Upper Consumer City: Walworth * Consumer State: NY Consumer Zip Code: 14568 Post-Charge-off Interest: Post-Charge-off Fees: S.00 Post-Charge-off Credits or Payments Made: SO.00 Last Payment Amount: S70.00 Last Payment Date: 12/14/2018 Balance Due at time of Sale: $1,875.29 Page: 7 of 7 7 of 20 FILED: WAYNE COUNTY CLERK 01/26/2022 10:24 AM INDEX NO. CV087155 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/26/2022 BILL OF SALE AND ASSIGNMENT OF ACCOUNTS FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES, LLC As ofJuly 31, 2019. for good and valuable consideration. the receipt and sufficiency of which is hereby acknowledged, Credit One Bank. N.A. ("Assignor") has transferred, has sold. has ==igned, has conveyed, has granted and has otherwise delivered to MHC Receivables. LLC ("Assignee"). all of Assignor's right, title and interest in and to (i) the charged-off credit card accounts identified on an account level basis in the data file named CreditOne-Sherman_082019 (the "Computer File"), a copy of which is attached hereto and incorporated herein by reference as "Exhibit A"; and. (ii) certain related account level media or electronic copies thereof (including. but not limited to app‰tions, statements. terms and condition). and (iii) all claims or rights arising out of or relating to each account referenced on the Computer File (collectively herciaafter. the "Accounts") including. but not limited to. all claims and rights afforded each Account by virtue of that Account's corresponding terms and coeditions. The Accounts transferred under the terms of this Bill of Sale and Assignment of Accounts were each transferred to Assignee immediately follüwirig 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 ofits 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 appropriãie memorandum or recording of the Event at or reasonably near the time of the Event. Furthermore. Assignor represents and warrants to Assignec that the Business Records are materially complete and accurate, and thorough!y embody the information in Assignor's custody and control for the Accounts from their creation until the time of transfer to Assignee. These reprcscatations and warrendes are latcaded to augment any other representations and warrantiec 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 evideneu of the intent of the parties to transfer the Accounts. CREDIT ONE BANK, N.A. Ga o Vice President 8 of 20 FILED: WAYNE COUNTY CLERK 01/26/2022 10:24 AM INDEX NO. CV087155 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/26/2022 FEHIBIT A ACCOUNT SCHEDULE The Accounts that are spw:fkally identified in the e!ectronic file named Creditone-Sherman_082019 with such c!cctrcr.ic file incorporated herein by reference. 9 of 20 FILED: WAYNE COUNTY CLERK 01/26/2022 10:24 AM INDEX NO. CV087155 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/26/2022 BILL OF SALE AND ASSIGNMENT OF RECEIVABLES FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES, LLC As of July 31, 2019, for good and valuable consideration. the receipt and sufficiency of which is hereby acknowledged, Credit One Bank, N.A. ("Assignor") has transferred. has sold, has assigned, has conveyed, has granted and has otherwise delivered to MHC Receivables, LLC ("Assignee"), all of Assignor's right, title and interest in and to (i) the receivables associated with each and every account referenced in the data file named CreditOne_Sherman_082019 (the "Computer File"). a copy of which is attached hereto and incorporated herein by reference as "Exhibit A"; and, (ii) all claims or rights arising out of or relating to each of those Receivables (hereinafter, the "Receivables"). The Receivables transferred under the terms of this Bill of Sale and Assignment of Receivables were each transferred to Assignee prior to the charge off of the assuciaicd accounts. as shown in the Computer File. This Bill of Sale and Assignment of Receivables evidences the intent between the parties for the transfer of the Receivables. acts as an acknowledgemeñt of those transfers, and. to the extent necessary, ratification of the transfers. With respect to irifarmation 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 memarandum or recordiag of the Event at or reasonably near the time of the Event. Furthermore. Assignor represents and warrants to Assignec that the Business Records are materially complete and accurate, and 3.o.uug.if embody the informaticñ in Assignor's custody and control for the Receivables from their creation until the time of transfer to Assignee. These represcñtations and warranties are inicaded 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 rati tkatica and as evidence of the intent of the parties to transfer the Receivables. CREDIT ONE B NK, N.A. arw of Vice President 10 of 20 FILED: WAYNE COUNTY CLERK 01/26/2022 10:24 AM INDEX NO. CV087155 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/26/2022 EXHIBIT A ACCOUNT SCHEDULE The Accounts that are spacifically identified in the electronic file named CreditOne-Sherman_082019 with such ele'Jo::ic file incorporated herein by reference. 11 of 20 FILED: WAYNE COUNTY CLERK 01/26/2022 10:24 AM INDEX NO. CV087155 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/26/2022 BILLOF SALE AND ASSIGNMENT0F RECE1VABLES FROM MHC RECEIVABLES. LLC. TO FNBM, LLC As of August 20, 2019, MHC Receivables, LLC ("Assignor"), for good and valuable consideration, the receipt and sumciency 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_082019 attached hereto and incorporated by reference as "Exhibit ; and [ (ii) all claims or rights arising out of or relating to the account level receivables (hereinafter the "Receivables"). With respect to information for the Receivables, Assignor represents and warrants to Assignee that the business records conveyed to Assignee relating to the Receivables (the "Business Records"), are kept by Assignor in the regular course of its business. It is in the regular course of business of Assignor for an employee or an authorized representative with personal knowledge of the act, event, condition, or opinion (collectively "Event") to be recorded, to make the appropriate memorandum or recording of the Event at or reasonably near the time of the Event Furthermore, Assignor represents and warrants to Assignee that the Business Records are materially complete and accurate, and thoroughly embody the infaraceón in Assignor's custody and control for the Receivables from their creation until the time of transfer to Assignee. These rapres=tations 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 Assig:==: of Receivables shall serve as an acknowledgment, as redEcence, 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: WAYNE COUNTY CLERK 01/26/2022 10:24 AM INDEX NO. CV087155 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/26/2022 EXHIBIT A ACCOUNT SCHEDULE The Accounts that are specifically identified in the electronic file named CreditOne-Sherman_082019, with such electronic file incenerried herein by reference. 13 of 20 FILED: WAYNE COUNTY CLERK 01/26/2022 10:24 AM INDEX NO. CV087155 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/26/2022 SILL OF SALE AND ASSIGNMENT OF RECNVABLES FROM FNBM. LLC. TOSHERMAN ORIGINATOR IH LLC On August 20, 2019, FNBM, LLC ("Assignor"), for good and valuable consideration, the receipt of which is hereby acknowledged, hereby transfers, sells, assigns, conveys, grants and delivers toSherman Originator III LLC ("Assignee"), all of its rights, title and interest in and to (i) the receivables Wei&4 and specifically referenced for each of the accounts on an account level basis on the data file titled Creditone__Sherman_082019 attached hereto and incorporated by reference as "Exhibit A"; and (ii) all claims or rights arising out of or relating to the receivables (hereinafter the "Receivables"). With respect to inf6rmâticñ 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 memcrandum 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 thorcup.ly 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 repromontailuna 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 Asigñme:: of Receivables shali serve as evidence of ownship for any of the Receivables conveyed hereby. FNBM, LLC Jon Mazz i, uthorized e sentative 14 of 20 FILED: WAYNE COUNTY CLERK 01/26/2022 10:24 AM INDEX NO. CV087155 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/26/2022 EXHIBIT A ACCOUNT SCHEDULE The Accounts that are speiEcally WMi&ed in the c:cctrcnic file name CreditOne-Sherman_082019 , with such e!ee..mnic file incorporated herein by reference. 15 of 20 FILED: WAYNE COUNTY CLERK 01/26/2022 10:24 AM INDEX NO. CV087155 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/26/2022 BILL OF SAI,E AND ASSIGNMENT OFACCOUNTS FROM MHC RECEIVABLES. LLC TO SHERMAN ORIGINATOR In LLC On August 20, 2019, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, MHC Receivables, LLC ("Assignor"), hereby transfers, sells, assigns, convoys, grants and otherwise delivers to Sherman Originator III LLC ("Assignee"), all of Assignor's, rights title and interest in and to (i) the charged-off accounts identified on an account level basis in the data file named Creditone-Sherman-082019 (the "Computer File"), a copy of which is attached hereto and ince-porated herein by =femece as "Exhibit A"; and, (ii) certain related account level media or electronic copies thereof (including, but not limited to applications,ste=::a, terms and ccñditicñ), 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 assigr.ment 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 Acceene listed in the Computer File from Assignor's receipt of those Accounts until the time of transfer to Assignee. These rep=sentations and warranties are intended to augment any other repmsentations and warranties the parties may have in place and not supplant any other existing warranties and representations. This Bill ofSale and Assignment 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: WAYNE COUNTY CLERK 01/26/2022 10:24 AM INDEX NO. CV087155 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/26/2022 EXHIBIT A ACCOUNT SCHEDULE ¹+-•:ª-' The Accounts that are specifically in the alacha=ie file named CreditOne-Sherman_082019 , with such 17 of 20 FILED: WAYNE COUNTY CLERK 01/26/2022 10:24 AM INDEX NO. CV087155 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/26/2022 } Transfer and Assignment Sherman Origiñator 111 LLC ("SOLLC Ill"), without recourse, to the extent permitted by applicable law, hereby transfers, sells, assigns, ceñveys, grants and delivers to Sherman Originater LLC ("SOLLC") all of its right, title and interest in and to the receivables and other assets (the "Assets") identified on Exhibit A, in the Receivable File dated August06, 2019 delivered by MHC Receivables, LLC and FNBM, LLC on August 20, 2019 for purchase by SOLLC Ill on August 20, 2019. The transfer of the Assets included electronically stored business records. SOLLC, subsequent to the above mentioned transfer, hereby transfers, sells, assigns, conveys, grants and delivers to LVNV Funding LLC("LVNV"), the above mentioned Assets. The transfer of the Assets included electronically stored business records. Dated: August 20, 2019 Sherman Originator III LLC a Delaware Limited Liability C mpany By: N : Jon Ma Titl : Director Dated: August 2019 Sherman Originator LLC 20, a Delaware Limited Liability Company e: Jackson Walker itle: Authorized Representative Dated: August 20, 2019 LVNV Funding LLC a Delaware Limited Liability Company Name: Daniel Picciano Title: Authorized Representative 18 of 20 FILED: WAYNE COUNTY CLERK 01/26/2022 10:24 AM INDEX NO. CV087155 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/26/2022