Preview
FILED: FRANKLIN COUNTY CLERK 03/09/2023 06:31 PM INDEX NO. E2022-26
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/09/2023
1424P000915573
TUMMONS EMILY
TROMBERG NYOCA 6/13/22
PLAINTIFF
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NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/09/2023
NY OCA
Account Number: 1754
Consumer Name: EMILY TUMMONS
1424P000915573
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NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/09/2023
AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY ORIGINAL CREDITOR
(Debt Buyer Actions)
The undersigned, being duly sworn, deposes and says:
1. I am a/an ployee O officer O member] of FIRST NATIONAL BANK OMAHA ("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
FIRST NATIONAL BANK OF OMAHA to CROWN ASSET MANAGEMENT, LLC ("Debt Buyer"), on 3/17/2021 (the
"Sale"), which included the account ("Account") of the consumer ("Consumer") EMILY TUMMONS identified in
the exhibits attached hereto and incorporated herein. As part of the Sale, Original Creditor assigned all of its
interest in the Account, including the right to any proceeds from the Accounts, to Debt Buyer, and it
transferred Business Records relating to the Account 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 procedures 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 knowledge of Original Creditor's Business Records, I have personal knowledge
of the facts set forth in this affidavit.
3. Original Creditor and Consumer were parties to a credit agreement ("Agreement"). Consumer agreed to pay
Original Creditor 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 Original Creditor. A true
and correct copy of the Agreement is attached as an exhibit to this affidavit.
4. I have personal knowledge of Original Creditor's procedures for generating and mailing account statements to
customers. It is the regular practice of Original Creditor's business to provide periodic account statements to
its customers. Original Creditor sent one or more account statements relating to the Consumer's Account to
Consumer on the date(s) and for the amount(s) due set forth in an exhibit attached hereto and made a part
hereof. The account statement(s) were mailed to Consumer's last known address and Original Creditor's
Business Records do not reflect that the statement(s) were returned by the post office or that the Consumer
objected to them. A true and correct copy of the most recent account statement(s) generated and mailed by
Original Creditor 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 payment, if any; the total amounts, if
applicable, of any post-charge-off interest and post-charge-off 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.
Dated: n p [ /
Signature
Name
Sworn to before me this day
of M ,2021.
GENERALNOTARY-State of Nebraska
ERICA J BOEHMER
. Comm.Exp.August23, 2025
-- My
Notary Public
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NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/09/2023
CERTIFICATE OF CONFORMITY
The undersigned does hereby certify that I, am an attorney at law
of the State of , who resides in the State of
and is fully acquainted with the laws of the State of
pertaining to the acknowledgment of proof of deeds of real property to be
recorded therein, do hereby certify that I am duly qualified to make this certificate of conformity
pursuant to Section 299-a of Real Property Law of the State of New York and hereby certify that
the acknowledgment or proof upon the foregoing document was taken by
, a Notary Public in the State of , in the manner
prescribed by the laws of the State of and conforms to the laws thereof in all respects.
IN WITNESS WHEREOF, I have hereunto set my signature this day of , 2020.
Attorney at Law,
State of
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NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/09/2023
EXHIBIT A
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FILED: FRANKLIN COUNTY CLERK 03/09/2023 06:31 PM INDEX NO. E2022-26
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/09/2023
Account Number: 1754
, NewBalance:................................
$1,262.77
Community V/SA un mum PaymentDue ................$24..oo
!88iBanko. PaymentDueDate: .........October 22, 2020
Make
ohecks loFirstBankcard
payable
Firs Amount
ofPayment
Enclosed
Bankca5rd7
22s3 os7202 Omaha,NE68103-2557
EMILYTUMMONS
1374WASHINGTONST
BRUSHTONNY 12916-4109 Changeof Address? If yes, please
completereverseside.
DETACH
PLEASE HERE RETURN
AND TOPPORTIONWITH
YOURPAYMENT
Platinum Edition® Visa® Account Number:
1754
Account Summary Payment Information
Previous Balance ...............$1,239.13 New Balance .....................................................................$1,262.77
Payments ................................-$25.00 Minimum Payment Due ........................................................$249.00
Other Credits ............................-$0.00 Past Due Amount .................................................................$164.00
Purchases ...........-......-......... +$0.00 Payment Due Date ...................................................
October 22, 2020
Balance Transfers ...................+$0.00
Cash Advances .......................+$0.00 Late Payment Warning: If wedo nel receiveyour minimum
Fees Charged ........................+$26.00 paymentby thedatelisled above,you may haveto pay a latefee up
Interest Charged ....................+$22.64 to $37.
New Balance .....................$1,262.77
Minimum Payment Warning: If you makeonly the minimum
Statement Closing Date ....... 09/24/20 paymenteach period,you will pay morein interestand it wintakeyou
Days in Billing Cycle .......................30 longerto pay off yourbalance.For Example:
Ifyoumake
noadditional Youwillpayoffthebalance Andyouwillendup
charges thisoard
using and ghownqn statement
thrs m paying anestimated
Total Credit Limit ...............$1,300.00 eachmonth
youpay... about... totalof...
Available Credit ..........................$0.00
Cash Limit ..............................$300.00 Onlytheminimum
payment 4 years $1,745
Available Cash ...........................$0.00 s48 ayear" (savlgs$1·
IfyouwouldIlkeInformation
aboutcreditcounseling call1-866-486-6322.
services,
Customer Service Call: Toll Free 1-888-295-5540
(TDDTelecommunications
Device
lortheDear: (Balance
1-a00-925-2833) Transfer
Hotline:
1-877-388-8231)
Save Time and Stamps Visit: WWW.firstbankcard.com
by Paying Online! Remitto: FirstBankcard,P.O.Box2557, Omaha,NE68103-2557
Smart Tips
Have you secured your identity from theft?
Remember that the most common way identity thieves get their hands on your information is by going
through your trash. Be sure to shred anything with sensitive information before throwing it away!
Important Information Regarding Your Account
Wehavetold a creditbureauabouta late payment,missedpaymentor otherdefaultonyouraccount.
Thisinformationmay be reflectedin yourcreditreport.
Transaction Detail
Trans Post Reference Transaction Credits (CR)
Date Date Number Description and Debits
Paymentsand Other Credits
9-13 9-14 7441800025807500018027s
EXPEDITEDPAYMENTus $25.00(CR)
Fees
9-22 9-24 744184002680002680s2000
LATEFEE $26.00
Total FeesForThis Period $26.00
Interest Charged
InlarnstChargeon Purchases 322.64
interestChargeon CashAdvances 50.00
InterestChargeon BalancesTransfers So.06
Total interest ForThis Period $22.64
YourAnnual PercentageRate (APR)is theannualinterestrateon youraccount. (v) VariableRate (f) FixedRate
Charge AnnualPercentage SpecialOfferor Eligible BalanceSubject DaysRate
Rate(APR) PurchaseAPRExpirationDate to InterestRate Used InterestCharge
Summary
Purchases 22.24%(v) N/A $983.3t 30 $17.92
CashAdvance 25.24%(v) N/A $0.00 so $o.00
IntroPurchases 22.24%(v) N/A $259.36 30 $4.72
IssuedbyFirstBankcard, ofFirstNational
adivision BankofOmaha Seereverse
foradditional
information
Continued next page
6 of 22
FILED: FRANKLIN COUNTY CLERK 03/09/2023 06:31 PM INDEX NO. E2022-26
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/09/2023
Our commitment to you
Quality products and superior customer service.
Account Number:
1754
Page002of 004
2020 Total Year-to-Date
Totalfeeschargedin 2020 ...................................................
$237.00
Totalinterestchargedin 2020 ..............................................
$218.e9
Additional Information Regarding Your Account
IMPORTANT CHANGES TO YOUR ACCOUNT TERMS
Important Information: The notification below contains important changes to your account terms.
This notification may continue on multiple pages of your statement, so please continue reading
until **END OF NOTIFICATION** appears.
The following is a summary of changes being made to your account terms. These changes will
take effect on 12/25/2020 and 1/1/2021, as explained below. For more detailed information,
please refer to the provisions below this summary.
You have the right to reject these changes. However, if you do reject these changes you will not
be able to use your account for new transactions upon expiration of your current card. You can
reject the changes by calling us at 1-855-358-1499 prior to 12:00 p.m. Central Time on
12/31/2020.
Revised Terms, as of 1/1/2021
I Late Payment Fee Up to $40
We are changing how we calculate the Minimum Payment on your account effective
12/25/2020, which will increase the Minimum Payment calculation for each billing cycle and treat
balance transfer fees differently.
This Change in Terms Notice applies to your account with First Bankcard, a division of First
National Bank of Omaha.
We are increasing the Late Payment Fee as foBows: for any required payment not received by its
due date, the Late Payment Fee will be up to $29 for the first violation; and up to$40 for each
subsequent violation during the following six billing cycles.
Payment"
The "How We Will Calculate Your Minimum section (or similar section detailing the
minimum payment calculation) of your Rates and Terms Schedule is deleted in its entirety and
replaced with the following:
How We Will Calculate Your Minimum Payment: If your New Balance is less than $40, the
minimum payment will be equal to your New Balance. If your New Balance is $40 or greater, the
minimum payment wN be the greater of (a) $40; or (b) the current cycle fees and finance charges
(except balance transfer fees) plus 3% of the New Balance (excluding current cycle fees and
finance charges). Your minimum payment will also include any amount (i) past due and (ii)
necessary to reduce your balance to your credit limit. Calculations will exclude disputed
amounts. Balance transfer fees will be part of your Balance Transfers Balance Category, unless
we specify otherwise.
continued next page
7 of 22
FILED: FRANKLIN COUNTY CLERK 03/09/2023 06:31 PM INDEX NO. E2022-26
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/09/2023
Convenient Access
O
24/7/365
Account management available when you
need it, from your computer, tablet or
Smart device.
Account Number:
1754
Page003of 004
Additional Information Regarding Your Account
All other terms of your account shall remain in effect. If you reject these changes, your account
will be closed on the expiration date indicated on your card and any unused rewards points at the
date of expiration will be forfeited.
Name and address of creditor: First National Bank of Omaha, P.O. Box 3696, Omaha, NE
68103-0696.
Our principal reasons for changing your account terms are based on (i) a change in our business
pricing and payment practices for credit card accounts that have been open more than one year
and (ii) your current account terms.
Notice: The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against
credit applicants on the basis of race, color, religion, national origin, sex, marital status, age
(provided the applicant has the capacity to enter into a binding contract); because all or part of the
applicant's income derives from any public assistance program; or because the applicant has in
good faith exercised any right under the Consumer Credit Protection Act. The Federal agency that
administers compliance with this law concerning this creditor is the Bureau of Consumer Financial
Protection, 1700 G Street NW, Washington, DC 20006.
**END OF NOTIFICATION**
Looking to Lower Your Monthly Payments?
Explore your options on our secure website.
We understandthateveryonehas challengingfinancialtimes. Wecan help you withpaymentprogramsdesigned
aroundyourneeds.
Herearesomeoptionsyou mayqualifyfor as ourcardmember
" ReducedPaymentProgram- We¶workwithyou todeterminea fixed monthlypaymentthat'seasieronyour
budget,soyoul havemoremoneyfor everydayexpenses.
" Debt SettlementOffer - Dependingon your situation,you may be eligiblefora settlementofferthatcouldlower
yourcurrentpayoffamount.
To learnmoreaboutthe optionsavailableto you,log in to the websiteon thefrontof your statementandfollowthe
helpfulpromptsunderPaymentPlans. Youcanalsodownloadour mobileapp or call us directlyat 1-800-537-3302.
SERVICEMEMBERS CIVIL RELIEF ACT (SCRA)
If you are an active duty member of the United States Military, you may be eligible for
additional benefits on your account(s) under the Servicemembers Civil Relief Act (SCRA).
For additional information regarding SCRA benefits, please call 855-868-8446 or log in to the
website listed on the front of your statement and click 'Resources' for more information.
NEW YORK RESIDENTS may contact the New York State Department of Financial
Services to obtain a comparative listing of credit card rates, fees and grace periods.
New York State Department of Financial Services: 1-877-226-5697.
8 of 22
FILED: FRANKLIN COUNTY CLERK 03/09/2023 06:31 PM INDEX NO. E2022-26
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/09/2023
Page004of 004
Q
Changes to online
account login process
2-step authentication launching August 5, 2020
As an added measure of security, 2-step authentication
has been added to the login process for online and
mobile account management. This additional level of
security will help to protect your account information.
To set up 2-step authentication when logging in on or
after August 5, 2020:
" Enter your User Name and Password on the home page.
" Add a phone number when prompted. If you add a
mobile number, you can choose to receive a text or
voice call for your authentication code. For landlines,
you'll receive a voice call.
" Enter the code provided to complete your login.
After the initial setup you will receive an authentication
code once a week during login. The code will be sent
via the method you selected, and it must be entered
when prompted to complete your login.
Your chosen method for receiving your authentication
code can be changed from your account profile page
as needed.
We are committed to your account safety
and security.
9 of 22
FILED: FRANKLIN COUNTY CLERK 03/09/2023 06:31 PM INDEX NO. E2022-26
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/09/2023
To ensure accuracy, please print clearly using upper-case letters and numbers only.
Please do not use Red Ink, Gel pens or Pencil.
CHANGE OF ADDRESS, PHONE, OR E-MAIL
Address
Apt/Bidg#
City
State, ZIP
Home Phone
Work Phone
Cell Phone
E-rnail Address
If you havea CreditCardfor businesspurposes,and are requestingan addresschange,we may requestadditional
inforrnation.
BalanceSubjectto InterestRate: Each"Balance Subjectlo amount inquestion oranyinterestorotherfeesrelated toIhatamount,
InteresIRale"shown onthefrontofthisstatement foreachBalance " Whileyoudo nothaveto pay theamountin question, youare
Category isdetermined using theaverage daily balance (including responsible fortheremainder ofyour b alance.
new purchases) method. Eachsuchbalanceis calculated " Wecanapplyanyunpaid amount against yourcredtlimit.
separately for eachperiodthala parlicular ratewasin effect YourRightsIfYouAreDissatisfied WithYourCreditCardPurchases
(referredtobelow asa "Rate Period"). Togeteach average daily Ifyouaredssalisfied withthegoodsorservices thatyouhavepurchased
balanceforeachBalance Category, we lirstcompute a "Daily withyourcredtcard,andyouhavetriedin goodfaithtocorrectthe
Balance" foreachdayof theRatePeriod as follows: (1)weslarl problem withthe merchant, you mayhavetherightnotlo pay the
wilhthebeginning balance of eachday,(2) we addany new remaining amount dueon thepurchase.To usethisright,allof the
Iransactions and fees,and (3) we subtractany applicable following mustbetrue:1 Thepurchase musthavebeenmadeinyour
payments, credits,or creditadjustments. Eachaveragedaily homeStateorwithin100milesofyourcurrent mailing address, andthe
balance thatisshown onthefrontiscomputed byadding upallthe purchase pricemusthavebeenmorethan$50.(Note:Neither of these
DailyBalances in theRatePeriodanddividing thetotalby the arenecessary ifyourpurchase wasbased onanadverlisement wemailed
number ofdaysin theRatePeriod(whichshowsonthefrontas toyou,orifweownthecompany thatsoldyouthegoods orservices.) 2.
"Days RateUsed"). Inmaking thesecomputations: (a)we may treal You must h ave used yourcreditcard forthepurchase. Purchases made
acredilbalance asabalance of zero;and(b)wemaydelayadding withcashadvances fromanATMor witha checkthataccesses your
feesto yourbalance; and(c) eachday,we multiply yourDaily creditcardaccount donotqualify.3,Youmustnotyethavefullypaidfor
Balance bytheapplicable dailyperiodic rateandaddthatamount to Ikepurchase.
yourbalance lodetermine thenextday'sbeginning balance. If allof thecriteria abovearemetandyouarestilldissatisfied withthe
Interest Charges:WeligureIheinterest charges onyouraccount purchase, contact usinwritingal:FirstNationalBankofOmaha, P.O.Box
andforeachBalance Category byapplying theapplicable daily 3696Omaha, NE68103-0696 Whileweinvesligale, thesamerules
periodicratetotheapplicable average dailybalance andmultiplying applyto thedisputed amount as discussed aboveAfterwelinishour
thatproduct by thenumber ofdays intheRatePeriod, Allofthe investigalion, wewilllellyouourdecision. Atthatpoint, if weIhinkyou
interestcharges foreachBalance Category willbeloIsledandthat oweanamount andyoudonotpaywemayreport youasdelinquent,
willbethetotalinterest charged. Liabilityfor Unauthorized Use: IfyounoticeIhelossortheftofyour
Howto AvoldPayingIntereston Purchases:Ifyoupayyour creditcardorapossible unauthorized useofyourcard,youshould write
NewBalance asshown onIhefrontofthisbillingstatement byIhe to us immediately at P.O.Box3696Omaha, NE68103-0696 or the
Payment DueDaleandif wealsoreceived payment infullofyour facsimile number 402-602-6098 orcallusat1400-688-7070, Youwillnot
NewBalance asindicated onyourprevious billingstatement byits beliableforanyunauthorized usethatoccursafteryounotifyus.You
Payment DueDale(orif thatNewBalance waszerooracredit), no may,however, beliable forunauthorized usethatoccurs b eforeyour
interestcharges willbeassessed onPurchases shown onyournext notice tous,Inanycase,yourliability willnotexceed$50.
billingstatementUnlessyou havebeenspecifically notified InformationProvidedto CreditBureaus:Information aboutyour
otherwise, noperiodisprovided to repaynon-Purchase balances account is periodicallyprovided to oneor morecredtbureaus. Late
wilhoutincurring interestcharges-inotherwords,thereis no payments, missed payments, orother d efaults
onyour account maybe
interest-free (grace)periodfor CashAdvancesor Balance reflecled inyourcredtreport, Ifyouthinkanyinformation regarding youor
Transfers. youraccount is inaccurate,writetousona separate sheelat:P.O.Box
Payment Requirements: Payments mustbe (1)accompanied by 3412, Omaha, NE68103-0412.
Ihelopportion of thisbillingstatement; (2) received nolaterthan
5:00p m (Central Time)onthePayment DueDateatthelocation
wehavespecified forreceiptofyourpayment, (3)madeonlyby
checkormoney orderifyourpayment ismadebymail,(4)madein
U.SDollars, and(5)sentlotheP0, Boxspecified onIhetopofthe
frontofthisslatemenI Ifweaccept apayment thatdoesnotcomply
withtheserequirements, theremaybea delayin crediting your
account, whichmayresullin additional interestandfees,If your
payment isreturned unpaid by your bank forinsufficient funds,we
mayre-present yourcheck electronically.
Limit" ofyourCreditLimit is
Credit1.Imits: Onlythe"Cash portion
Credit" Cash"
availableforcashadvances, "Available or'Available
refersto Ihepartof yourCredit L imitor CashLimillhalwas
available asof Ihisbillingstatement's closingdateandmaynot
reflect
overlimit orcreditbalance amounts. Wemayraiseorlower
yourCredilLimitand/or CashLimitatanytimeandmayrestrict the
amount thatis available forBalance Transfers. Afterwecredita
payment toyouraccount, theremaybea delaybefore itoperates to
restoreyourAvailable Credit orAvailable Cash,
BILLING RIGHTS SUMMARY
WhatToDoIfYouThinkYouFindaMistake onYourStatement
Ifyouthinkthereisanerroronyourstatement, writelousat: First
National Bankof Omaha, P,0.Box3696Omaha, NE68103-0696.
Inyourleller,giveusthefollowing information:
" Account information: Yournameandaccount number.
" Dollaramount: Thedollaramount oflhesuspected error.
" Description ofIWoNem Ifyouthinkthereisanerroronyourbill,
describe whatyoubelieve 1swrongandwhyyoïJbelieile~it is a
mislake.
Youmust contact uswithin 6 0days after t heerror a ppeared onyour
statement. Youmustnotifyusofanypotenlial errorsinwriting. You
maycallus,butif youdowearenotrequired toinvestigate any
potentialerrorsandyoumayhavelo paytheamount inquestion.
Whileweinvestigate whether or notthere hasbeen anerror, Ihe
followingaretrue:
" Wecannot trytocollect theamount inquestion, orreportyouas
delinquent onthatamount.
" Thecharge inquestion mayremain onyourstatement, andwe
Preview
FILED: FRANKLIN COUNTY CLERK 03/09/2023 06:31 PM INDEX NO. E2022-26 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/09/2023 1424P000915573 TUMMONS EMILY TROMBERG NYOCA 6/13/22 PLAINTIFF 1 of 22 FILED: FRANKLIN COUNTY CLERK 03/09/2023 06:31 PM INDEX NO. E2022-26 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/09/2023 NY OCA Account Number: 1754 Consumer Name: EMILY TUMMONS 1424P000915573 2 of 22 FILED: FRANKLIN COUNTY CLERK 03/09/2023 06:31 PM INDEX NO. E2022-26 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/09/2023 AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY ORIGINAL CREDITOR (Debt Buyer Actions) The undersigned, being duly sworn, deposes and says: 1. I am a/an ployee O officer O member] of FIRST NATIONAL BANK OMAHA ("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 FIRST NATIONAL BANK OF OMAHA to CROWN ASSET MANAGEMENT, LLC ("Debt Buyer"), on 3/17/2021 (the "Sale"), which included the account ("Account") of the consumer ("Consumer") EMILY TUMMONS identified in the exhibits attached hereto and incorporated herein. As part of the Sale, Original Creditor assigned all of its interest in the Account, including the right to any proceeds from the Accounts, to Debt Buyer, and it transferred Business Records relating to the Account 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 procedures 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 knowledge of Original Creditor's Business Records, I have personal knowledge of the facts set forth in this affidavit. 3. Original Creditor and Consumer were parties to a credit agreement ("Agreement"). Consumer agreed to pay Original Creditor 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 Original Creditor. A true and correct copy of the Agreement is attached as an exhibit to this affidavit. 4. I have personal knowledge of Original Creditor's procedures for generating and mailing account statements to customers. It is the regular practice of Original Creditor's business to provide periodic account statements to its customers. Original Creditor sent one or more account statements relating to the Consumer's Account to Consumer on the date(s) and for the amount(s) due set forth in an exhibit attached hereto and made a part hereof. The account statement(s) were mailed to Consumer's last known address and Original Creditor's Business Records do not reflect that the statement(s) were returned by the post office or that the Consumer objected to them. A true and correct copy of the most recent account statement(s) generated and mailed by Original Creditor 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 payment, if any; the total amounts, if applicable, of any post-charge-off interest and post-charge-off 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. Dated: n p [ / Signature Name Sworn to before me this day of M ,2021. GENERALNOTARY-State of Nebraska ERICA J BOEHMER . Comm.Exp.August23, 2025 -- My Notary Public 3 of 22 FILED: FRANKLIN COUNTY CLERK 03/09/2023 06:31 PM INDEX NO. E2022-26 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/09/2023 CERTIFICATE OF CONFORMITY The undersigned does hereby certify that I, am an attorney at law of the State of , who resides in the State of and is fully acquainted with the laws of the State of pertaining to the acknowledgment of proof of deeds of real property to be recorded therein, do hereby certify that I am duly qualified to make this certificate of conformity pursuant to Section 299-a of Real Property Law of the State of New York and hereby certify that the acknowledgment or proof upon the foregoing document was taken by , a Notary Public in the State of , in the manner prescribed by the laws of the State of and conforms to the laws thereof in all respects. IN WITNESS WHEREOF, I have hereunto set my signature this day of , 2020. Attorney at Law, State of 4 of 22 FILED: FRANKLIN COUNTY CLERK 03/09/2023 06:31 PM INDEX NO. E2022-26 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/09/2023 EXHIBIT A 5 of 22 FILED: FRANKLIN COUNTY CLERK 03/09/2023 06:31 PM INDEX NO. E2022-26 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/09/2023 Account Number: 1754 , NewBalance:................................ $1,262.77 Community V/SA un mum PaymentDue ................$24..oo !88iBanko. PaymentDueDate: .........October 22, 2020 Make ohecks loFirstBankcard payable Firs Amount ofPayment Enclosed Bankca5rd7 22s3 os7202 Omaha,NE68103-2557 EMILYTUMMONS 1374WASHINGTONST BRUSHTONNY 12916-4109 Changeof Address? If yes, please completereverseside. DETACH PLEASE HERE RETURN AND TOPPORTIONWITH YOURPAYMENT Platinum Edition® Visa® Account Number: 1754 Account Summary Payment Information Previous Balance ...............$1,239.13 New Balance .....................................................................$1,262.77 Payments ................................-$25.00 Minimum Payment Due ........................................................$249.00 Other Credits ............................-$0.00 Past Due Amount .................................................................$164.00 Purchases ...........-......-......... +$0.00 Payment Due Date ................................................... October 22, 2020 Balance Transfers ...................+$0.00 Cash Advances .......................+$0.00 Late Payment Warning: If wedo nel receiveyour minimum Fees Charged ........................+$26.00 paymentby thedatelisled above,you may haveto pay a latefee up Interest Charged ....................+$22.64 to $37. New Balance .....................$1,262.77 Minimum Payment Warning: If you makeonly the minimum Statement Closing Date ....... 09/24/20 paymenteach period,you will pay morein interestand it wintakeyou Days in Billing Cycle .......................30 longerto pay off yourbalance.For Example: Ifyoumake noadditional Youwillpayoffthebalance Andyouwillendup charges thisoard using and ghownqn statement thrs m paying anestimated Total Credit Limit ...............$1,300.00 eachmonth youpay... about... totalof... Available Credit ..........................$0.00 Cash Limit ..............................$300.00 Onlytheminimum payment 4 years $1,745 Available Cash ...........................$0.00 s48 ayear" (savlgs$1· IfyouwouldIlkeInformation aboutcreditcounseling call1-866-486-6322. services, Customer Service Call: Toll Free 1-888-295-5540 (TDDTelecommunications Device lortheDear: (Balance 1-a00-925-2833) Transfer Hotline: 1-877-388-8231) Save Time and Stamps Visit: WWW.firstbankcard.com by Paying Online! Remitto: FirstBankcard,P.O.Box2557, Omaha,NE68103-2557 Smart Tips Have you secured your identity from theft? Remember that the most common way identity thieves get their hands on your information is by going through your trash. Be sure to shred anything with sensitive information before throwing it away! Important Information Regarding Your Account Wehavetold a creditbureauabouta late payment,missedpaymentor otherdefaultonyouraccount. Thisinformationmay be reflectedin yourcreditreport. Transaction Detail Trans Post Reference Transaction Credits (CR) Date Date Number Description and Debits Paymentsand Other Credits 9-13 9-14 7441800025807500018027s EXPEDITEDPAYMENTus $25.00(CR) Fees 9-22 9-24 744184002680002680s2000 LATEFEE $26.00 Total FeesForThis Period $26.00 Interest Charged InlarnstChargeon Purchases 322.64 interestChargeon CashAdvances 50.00 InterestChargeon BalancesTransfers So.06 Total interest ForThis Period $22.64 YourAnnual PercentageRate (APR)is theannualinterestrateon youraccount. (v) VariableRate (f) FixedRate Charge AnnualPercentage SpecialOfferor Eligible BalanceSubject DaysRate Rate(APR) PurchaseAPRExpirationDate to InterestRate Used InterestCharge Summary Purchases 22.24%(v) N/A $983.3t 30 $17.92 CashAdvance 25.24%(v) N/A $0.00 so $o.00 IntroPurchases 22.24%(v) N/A $259.36 30 $4.72 IssuedbyFirstBankcard, ofFirstNational adivision BankofOmaha Seereverse foradditional information Continued next page 6 of 22 FILED: FRANKLIN COUNTY CLERK 03/09/2023 06:31 PM INDEX NO. E2022-26 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/09/2023 Our commitment to you Quality products and superior customer service. Account Number: 1754 Page002of 004 2020 Total Year-to-Date Totalfeeschargedin 2020 ................................................... $237.00 Totalinterestchargedin 2020 .............................................. $218.e9 Additional Information Regarding Your Account IMPORTANT CHANGES TO YOUR ACCOUNT TERMS Important Information: The notification below contains important changes to your account terms. This notification may continue on multiple pages of your statement, so please continue reading until **END OF NOTIFICATION** appears. The following is a summary of changes being made to your account terms. These changes will take effect on 12/25/2020 and 1/1/2021, as explained below. For more detailed information, please refer to the provisions below this summary. You have the right to reject these changes. However, if you do reject these changes you will not be able to use your account for new transactions upon expiration of your current card. You can reject the changes by calling us at 1-855-358-1499 prior to 12:00 p.m. Central Time on 12/31/2020. Revised Terms, as of 1/1/2021 I Late Payment Fee Up to $40 We are changing how we calculate the Minimum Payment on your account effective 12/25/2020, which will increase the Minimum Payment calculation for each billing cycle and treat balance transfer fees differently. This Change in Terms Notice applies to your account with First Bankcard, a division of First National Bank of Omaha. We are increasing the Late Payment Fee as foBows: for any required payment not received by its due date, the Late Payment Fee will be up to $29 for the first violation; and up to$40 for each subsequent violation during the following six billing cycles. Payment" The "How We Will Calculate Your Minimum section (or similar section detailing the minimum payment calculation) of your Rates and Terms Schedule is deleted in its entirety and replaced with the following: How We Will Calculate Your Minimum Payment: If your New Balance is less than $40, the minimum payment will be equal to your New Balance. If your New Balance is $40 or greater, the minimum payment wN be the greater of (a) $40; or (b) the current cycle fees and finance charges (except balance transfer fees) plus 3% of the New Balance (excluding current cycle fees and finance charges). Your minimum payment will also include any amount (i) past due and (ii) necessary to reduce your balance to your credit limit. Calculations will exclude disputed amounts. Balance transfer fees will be part of your Balance Transfers Balance Category, unless we specify otherwise. continued next page 7 of 22 FILED: FRANKLIN COUNTY CLERK 03/09/2023 06:31 PM INDEX NO. E2022-26 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/09/2023 Convenient Access O 24/7/365 Account management available when you need it, from your computer, tablet or Smart device. Account Number: 1754 Page003of 004 Additional Information Regarding Your Account All other terms of your account shall remain in effect. If you reject these changes, your account will be closed on the expiration date indicated on your card and any unused rewards points at the date of expiration will be forfeited. Name and address of creditor: First National Bank of Omaha, P.O. Box 3696, Omaha, NE 68103-0696. Our principal reasons for changing your account terms are based on (i) a change in our business pricing and payment practices for credit card accounts that have been open more than one year and (ii) your current account terms. Notice: The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The Federal agency that administers compliance with this law concerning this creditor is the Bureau of Consumer Financial Protection, 1700 G Street NW, Washington, DC 20006. **END OF NOTIFICATION** Looking to Lower Your Monthly Payments? Explore your options on our secure website. We understandthateveryonehas challengingfinancialtimes. Wecan help you withpaymentprogramsdesigned aroundyourneeds. Herearesomeoptionsyou mayqualifyfor as ourcardmember " ReducedPaymentProgram- We¶workwithyou todeterminea fixed monthlypaymentthat'seasieronyour budget,soyoul havemoremoneyfor everydayexpenses. " Debt SettlementOffer - Dependingon your situation,you may be eligiblefora settlementofferthatcouldlower yourcurrentpayoffamount. To learnmoreaboutthe optionsavailableto you,log in to the websiteon thefrontof your statementandfollowthe helpfulpromptsunderPaymentPlans. Youcanalsodownloadour mobileapp or call us directlyat 1-800-537-3302. SERVICEMEMBERS CIVIL RELIEF ACT (SCRA) If you are an active duty member of the United States Military, you may be eligible for additional benefits on your account(s) under the Servicemembers Civil Relief Act (SCRA). For additional information regarding SCRA benefits, please call 855-868-8446 or log in to the website listed on the front of your statement and click 'Resources' for more information. NEW YORK RESIDENTS may contact the New York State Department of Financial Services to obtain a comparative listing of credit card rates, fees and grace periods. New York State Department of Financial Services: 1-877-226-5697. 8 of 22 FILED: FRANKLIN COUNTY CLERK 03/09/2023 06:31 PM INDEX NO. E2022-26 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/09/2023 Page004of 004 Q Changes to online account login process 2-step authentication launching August 5, 2020 As an added measure of security, 2-step authentication has been added to the login process for online and mobile account management. This additional level of security will help to protect your account information. To set up 2-step authentication when logging in on or after August 5, 2020: " Enter your User Name and Password on the home page. " Add a phone number when prompted. If you add a mobile number, you can choose to receive a text or voice call for your authentication code. For landlines, you'll receive a voice call. " Enter the code provided to complete your login. After the initial setup you will receive an authentication code once a week during login. The code will be sent via the method you selected, and it must be entered when prompted to complete your login. Your chosen method for receiving your authentication code can be changed from your account profile page as needed. We are committed to your account safety and security. 9 of 22 FILED: FRANKLIN COUNTY CLERK 03/09/2023 06:31 PM INDEX NO. E2022-26 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/09/2023 To ensure accuracy, please print clearly using upper-case letters and numbers only. Please do not use Red Ink, Gel pens or Pencil. CHANGE OF ADDRESS, PHONE, OR E-MAIL Address Apt/Bidg# City State, ZIP Home Phone Work Phone Cell Phone E-rnail Address If you havea CreditCardfor businesspurposes,and are requestingan addresschange,we may requestadditional inforrnation. BalanceSubjectto InterestRate: Each"Balance Subjectlo amount inquestion oranyinterestorotherfeesrelated toIhatamount, InteresIRale"shown onthefrontofthisstatement foreachBalance " Whileyoudo nothaveto pay theamountin question, youare Category isdetermined using theaverage daily balance (including responsible fortheremainder ofyour b alance. new purchases) method. Eachsuchbalanceis calculated " Wecanapplyanyunpaid amount against yourcredtlimit. separately for eachperiodthala parlicular ratewasin effect YourRightsIfYouAreDissatisfied WithYourCreditCardPurchases (referredtobelow asa "Rate Period"). Togeteach average daily Ifyouaredssalisfied withthegoodsorservices thatyouhavepurchased balanceforeachBalance Category, we lirstcompute a "Daily withyourcredtcard,andyouhavetriedin goodfaithtocorrectthe Balance" foreachdayof theRatePeriod as follows: (1)weslarl problem withthe merchant, you mayhavetherightnotlo pay the wilhthebeginning balance of eachday,(2) we addany new remaining amount dueon thepurchase.To usethisright,allof the Iransactions and fees,and (3) we subtractany applicable following mustbetrue:1 Thepurchase musthavebeenmadeinyour payments, credits,or creditadjustments. Eachaveragedaily homeStateorwithin100milesofyourcurrent mailing address, andthe balance thatisshown onthefrontiscomputed byadding upallthe purchase pricemusthavebeenmorethan$50.(Note:Neither of these DailyBalances in theRatePeriodanddividing thetotalby the arenecessary ifyourpurchase wasbased onanadverlisement wemailed number ofdaysin theRatePeriod(whichshowsonthefrontas toyou,orifweownthecompany thatsoldyouthegoods orservices.) 2. "Days RateUsed"). Inmaking thesecomputations: (a)we may treal You must h ave used yourcreditcard forthepurchase. Purchases made acredilbalance asabalance of zero;and(b)wemaydelayadding withcashadvances fromanATMor witha checkthataccesses your feesto yourbalance; and(c) eachday,we multiply yourDaily creditcardaccount donotqualify.3,Youmustnotyethavefullypaidfor Balance bytheapplicable dailyperiodic rateandaddthatamount to Ikepurchase. yourbalance lodetermine thenextday'sbeginning balance. If allof thecriteria abovearemetandyouarestilldissatisfied withthe Interest Charges:WeligureIheinterest charges onyouraccount purchase, contact usinwritingal:FirstNationalBankofOmaha, P.O.Box andforeachBalance Category byapplying theapplicable daily 3696Omaha, NE68103-0696 Whileweinvesligale, thesamerules periodicratetotheapplicable average dailybalance andmultiplying applyto thedisputed amount as discussed aboveAfterwelinishour thatproduct by thenumber ofdays intheRatePeriod, Allofthe investigalion, wewilllellyouourdecision. Atthatpoint, if weIhinkyou interestcharges foreachBalance Category willbeloIsledandthat oweanamount andyoudonotpaywemayreport youasdelinquent, willbethetotalinterest charged. Liabilityfor Unauthorized Use: IfyounoticeIhelossortheftofyour Howto AvoldPayingIntereston Purchases:Ifyoupayyour creditcardorapossible unauthorized useofyourcard,youshould write NewBalance asshown onIhefrontofthisbillingstatement byIhe to us immediately at P.O.Box3696Omaha, NE68103-0696 or the Payment DueDaleandif wealsoreceived payment infullofyour facsimile number 402-602-6098 orcallusat1400-688-7070, Youwillnot NewBalance asindicated onyourprevious billingstatement byits beliableforanyunauthorized usethatoccursafteryounotifyus.You Payment DueDale(orif thatNewBalance waszerooracredit), no may,however, beliable forunauthorized usethatoccurs b eforeyour interestcharges willbeassessed onPurchases shown onyournext notice tous,Inanycase,yourliability willnotexceed$50. billingstatementUnlessyou havebeenspecifically notified InformationProvidedto CreditBureaus:Information aboutyour otherwise, noperiodisprovided to repaynon-Purchase balances account is periodicallyprovided to oneor morecredtbureaus. Late wilhoutincurring interestcharges-inotherwords,thereis no payments, missed payments, orother d efaults onyour account maybe interest-free (grace)periodfor CashAdvancesor Balance reflecled inyourcredtreport, Ifyouthinkanyinformation regarding youor Transfers. youraccount is inaccurate,writetousona separate sheelat:P.O.Box Payment Requirements: Payments mustbe (1)accompanied by 3412, Omaha, NE68103-0412. Ihelopportion of thisbillingstatement; (2) received nolaterthan 5:00p m (Central Time)onthePayment DueDateatthelocation wehavespecified forreceiptofyourpayment, (3)madeonlyby checkormoney orderifyourpayment ismadebymail,(4)madein U.SDollars, and(5)sentlotheP0, Boxspecified onIhetopofthe frontofthisslatemenI Ifweaccept apayment thatdoesnotcomply withtheserequirements, theremaybea delayin crediting your account, whichmayresullin additional interestandfees,If your payment isreturned unpaid by your bank forinsufficient funds,we mayre-present yourcheck electronically. Limit" ofyourCreditLimit is Credit1.Imits: Onlythe"Cash portion Credit" Cash" availableforcashadvances, "Available or'Available refersto Ihepartof yourCredit L imitor CashLimillhalwas available asof Ihisbillingstatement's closingdateandmaynot reflect overlimit orcreditbalance amounts. Wemayraiseorlower yourCredilLimitand/or CashLimitatanytimeandmayrestrict the amount thatis available forBalance Transfers. Afterwecredita payment toyouraccount, theremaybea delaybefore itoperates to restoreyourAvailable Credit orAvailable Cash, BILLING RIGHTS SUMMARY WhatToDoIfYouThinkYouFindaMistake onYourStatement Ifyouthinkthereisanerroronyourstatement, writelousat: First National Bankof Omaha, P,0.Box3696Omaha, NE68103-0696. Inyourleller,giveusthefollowing information: " Account information: Yournameandaccount number. " Dollaramount: Thedollaramount oflhesuspected error. " Description ofIWoNem Ifyouthinkthereisanerroronyourbill, describe whatyoubelieve 1swrongandwhyyoïJbelieile~it is a mislake. Youmust contact uswithin 6 0days after t heerror a ppeared onyour statement. Youmustnotifyusofanypotenlial errorsinwriting. You maycallus,butif youdowearenotrequired toinvestigate any potentialerrorsandyoumayhavelo paytheamount inquestion. Whileweinvestigate whether or notthere hasbeen anerror, Ihe followingaretrue: " Wecannot trytocollect theamount inquestion, orreportyouas delinquent onthatamount. " Thecharge inquestion mayremain onyourstatement, andwe