MIDLAND FUNDING LLC,
`
`Plaintiff
`
`-VS-
`
`JONATHAN EDWARDS,
`
`STATE OF CONNECTICUT
`
`AFFIDAVIT OF LOIS RIEFFER
`
`Defendant(s).
`
`
`Lois Rieffer, whose business address is 16 McLeland Road Suite 101, St. Cloud, MN
`
`56303, certifies and says:
`
`1.
`
`Tam employed as a Legal Specialist by MIDLAND CREDIT MANAGEMENT,INC.
`
`("MCM") and have accessto pertinent records for MCM,servicer of this account on behalf of
`
`MIDLAND FUNDINGLLC. I am a competent person over eighteen years of age, and make
`
`the statements herein based upon personal knowledgeof those account records maintained
`
`on Plaintiff's behalf. Plaintiff is the current owner of, and/or successorto, the obligation sued
`
`upon, and wasassignedall the rights, title and interest to Defendant's CREDIT ONE BANK,
`
`N.A. account XXXXXXKXXXKXX8049 (hereinafter "the account"). I have access to and
`
`have reviewed the electronic records pertaining to the account maintained byMCM and am
`
`authorized to makethis affidavit on Plaintiff's behalf. The electronic records reviewed consist
`
`of data acquired from the seller when Plaintiff purchased the account, together with records
`
`generated by MCM in connection with servicing the account since the date the account was
`
`purchased by Plaintiff. In addition, I reviewed the documentsthat are attachedto this affidavit.
`
`2.
`
`am familiar with and trained on the manner and method by which MCMcreates and
`
`maintains its business records pertaining to this account. The records are kept in the regular
`
`course of business. It was in the regular course of business for a person with knowledge ofthe
`
`act or event recorded to make the record or data compilation, or for a person with knowledge
`
`to transmit information thereof to be included in such record. In the regular course of business,
`
`the record or compilation is madeat or near the time of the act or event by MCM asa regular
`
`practice.
`
`AFFIDAVIT OF LOIS RIEFFER- 1
`
`LOOMA LERNERACAaE MEECEA
`
`82
`
`8579221512
`
`AFFCOTMEDIA
`
`
`
`3.|MCM's records show that the account was charged-off on 2017-12-17 with a balance of
`
`$714.03. On or about 2018-01-26, Plaintiff purchased and was assigned the balance owed by
`
`Defendant of $714.03. As of 2018-10-17, MCM's records show that the balance of $714.03
`
`remains due and owing and nointerest has been assessed to the account. Therefore, Plaintiff
`
`seeks the amount of $714.03 from Defendant. All credits and offsets for payments have been
`
`applied to the balance.
`
`4, MCM's recordsstate that this action is based upon a credit agreement entered into
`
`between Defendant(s) and the original credit grantor. MCM's records furtherstate that
`
`Defendant(s) used or authorized the use of the credit account but failed to make the payments
`
`due pursuantto the agreement.
`
`5.
`
`Based upon my review of MCM's business records: Defendant(s) opened the CREDIT
`
`ONE BANK,N.A.account on 2017-05-04, and the account was charged off on 2017-12-17.
`
`6.
`
`The complete chain oftitle including CREDIT ONE BANK, N.A. and all post charge-
`
`off purchasers of the debt are as follows:
`
`1.
`
`2.
`
`3.
`
`4,
`
`2017-12-17 Credit One Bank, N.A.
`
`PO. Box 98873,LAS VEGAS,NV,89193
`
`2018-01-17 MHC Receivables, LLC
`
`P.O. Box 98873,Las Vegas,NV,89193
`
`2018-01-26 Sherman Originator III LLC 200 Meeting Street,Suite
`
`MIDLAND FUNDING LLC 2365 Northside Dr. Suite 300,San
`
`206,Charleston,SC,29401
`
`Diego,CA,92108
`
`7.
`
`Attached hereto are the following records regarding the account and/or payments
`
`received:
`
`Exhibit A.
`
`Billing statement(s) (including the statementthat reflects the charge-off
`
`balance, and the statement recording the last purchase transaction, service
`
`billed, payment, or balance transfer, and an additional monthly statement
`
`sent to Defendant(s))
`
`AFFIDAVIT OF LOIS RIEFFER - 2
`
`ONCE CNACANCe ELC
`
`AFFCOTMEDIA
`
`8579221512
`
`
`
`Exhibit B.
`
`Bill(s) of Sale and Assignment and/or Affidavit(s) of Sale for the above
`
`referenced sale(s) of the account
`
`Exhibit C.
`
`Seller data sheet reflecting the individual account data extracted and printed
`
`from electronic records provided by the seller to MCM pursuantto the Bill
`
`of Sale/Assignment in connection with the sale of the account to Plaintiff
`
`8.
`
`The accuracy ofsuch documentsis relied upon by Plaintiff and/orits servicer in
`
`purchasing andcollecting this account. These records are trustworthy and relied upon because
`
`the original creditor was required to keep careful records of the accountat issue in this case as
`
`required by law and/or suffer businessloss.
`
`9.
`
`The documents attached hereto are true and correct copies of the originals, being a
`
`reproduction of the recordsonfile on behalf of Plaintiff based upon my review, except to the
`
`extent that confidential and privileged information and/or personal identifying informationis
`
`omitted or redacted as required by local rules, and applicable state and federallaw.
`
`10.
`
`MCM acquired and incorporated account records into its permanent business records
`
`as a result of Plaintiff's purchase of the account. These records are kept in the regular course of
`
`business on behalf of Plaintiff, and along with the electronic records provided at purchase, are
`
`Plaintiff's primary source of business records for this account.
`
`11.
`
`_—‘If called to testify as a witness thereon, I could and would competently testify as to all
`
`the facts stated herein.
`
`LEFT BLANKINTENTIONALLY
`
`AFFIDAVIT OF LOIS RIEFFER- 3
`
`OTERO COCA LOOTAGOE
`AFFCOTMEDIA
`18-16482
`8579221512
`
`
`
`I certify under penalty of perjury that the foregoing statements are true and correct
`
`Date
`
` OCT 24 2018
`
`STATE OF MINNESOTA
`
`COUNTY OF STEARNS
`
`Signed and sworn to (oraffirmed) before me on OCT 2420/8_by Lois Rieffer.
`
`
`
`sos,JAMES OTTO KOEHN
`ase ney Notary Public - Minnesota
`
`“CASGESS””
`MyCommission ExpresJan. 31,2023
`
`
`CcTl
`London & London
`
`N
`
`blic
`
`AFFIDAVIT OF LOIS RIEFFER - 4
`
`GEEECTAOU IEEEAC CAOCIMA
`
`18-16482
`
`85792215
`
`AFFCOTMEDIA
`
`
`
`CREDIT ONE BANK CREDIT CARD STATEMENT
`Account Number Siiiguaigmiaiiso49
`November 16, 2017 to December 15, 2017
`
`SUMMARYOF AGCOUNT ACTIVITY
`
`New Balance
`Past Due Amount
`Payments
`Amount Due This Period
`OtherCredits
`Minimum Payment Due
`Purchases
`Payment Due Data
`Cash Advances
`Late Payment Waming:
`Fees Charged
`Ifwe do not receive your minimum payment by the date listed above,
`Interest Charged
`
`
`New Balanca you may hava to payalate fee up to $35.$714.03
`
`ba|te Minimum Payment Warning:
`Credit Limit
`.
`$400.00
`if you make cnly the minimum payment each period, you will pay more
`
`Available Credit $0.00||iw interest and it will take you fonger to pay off your balance.
`Statement Closing Date
`Taha?
`Days in Bifling Cycle
`30
`For example;
`And you will
`‘You will pay off the
`lf you maka no
`
`QUESTIONS? additional changes|balance showncn end up paying
`
`Call Customer Service or Report
`using this card and
`the statement in
`an estimated
`1-877-825-3242
`a Lostor Stolen Credit Card
`each month you pay...
`_ about...
`total of...
`1-702-405-2042
`Outside the U.S, Call
`Only tha minimum
`Please send billing inquiries and comespondence to:
`P.O. Box 98873, Las Vegas, NV 89193-8873
`
`$714.03
`$196.00
`$553.03
`$714.03
`01/41/18
`
`-
`-
`-
`if you would like a lacation for credit counseling services,
`
`_ TRANSACTIONS
`.
`Trans Date Post Date Description of Transaction or Credit
`-
`oe
`Fees
`_
`1245
`LATE FEE
`TOTAL FEES FOR THIS PERIOD
`
`1215
`
`/
`
`call 1-866-515-5720.
`PAYMENT INFORMATION Previous Balance
`‘Reference Number.
`(v) = Variable Rate
`
`_._.AnterestGharged
`12/15
`1245
`Interest Gharge on Purchases
`1215
`Interest Charge on Cash Advances
`12/15
`TOTAL INTEREST FOR THIS PERIOD
`
`Total fees charged in 2017
`Totalinterest charged in 2017
`
`$310.00
`$71.13
`
`YOUR ACCOUNT IS SCHEDULED TO BE CHARGED OFF.
`THE BALANCE WILL BE GUE JN FULL. GALL (888)
`729-6274,
`
`Your accountis currently closed,
`
`INTEREST CHARGE CALCULATION
`
`Your Annual Percentage Rate (APR)is the annualinterest rate on your account.
`Balance Subject to
`Interest Rate
`$608.38
`$0,00
`
`Annual Percentage Rate (APR}
`24.90%(v)
`24.90%(v)
`
`Type of Balance
`Purchases
`Cash Advances
`
`Interest Charge
`$12.62
`$0.00
`
`S385
`
`JBH
`
`oor
`
`Ff
`
`16
`
`171218
`
`oO
`
`CXPAGE 1 oft
`
`20 S727
`
`#99620 AIST OJECSSE5
`
`Please retum this portion with your paymenl, and wrie your account Sumber Gn your check, made payable la CREDITONEBANK.
`
`Toys
`CredttOne
`BGAN K
`
`For address, telephone and email changes,
`Please completa the reverseside.
`Or, update your contact information online
`at waw.CreditOneBank.com.
`
`PAY YOUR BILL ONLINE at CreditOneBank.com
`Account Number:
`8045
`$714.03
`New Balance:
`Minimum Payment Due: $714.03
`Payment Due Date: O18
`
`CREDIT ONE BANK
`PO BOX 60500
`CITY OF INDUSTRY CA 91716-0500
`Vat Deca cdevec MoD laces ben ber EDEbMbit Tbe Te
`
`acbieunsE Me ceadactaat UE vctscevcenadeendooatldelssbeatabeall
`JONATHAN EDWARDS
`65 MOHAWK ST
`STRATFORD CT 06615-6246
`
`—_—
`
`EXHIBIT A
`
`
`
`CREDIT ONE BANK CREQIT CARD STATEMENT
`Account Number
`8049
`May 16, 2017 to June 15, 2017
`
`"PAYMENT INFORMATION
`New Balance
`Past Due Amount
`Amount Due This Period
`Minimum Payment Due
`Payment Due Date
`Late Payment Waming:
`Itwe do not receive your minimum paymentby the date fisted above,
`you may have to pay a fate fee up to $35.
`
`$435.16
`$25.00
`$50.00
`$75.00
`ornti7
`
`{f you make anty the minimum payment each pesiod, you will pay more
`in interest and it will take you longerto pay off your balance..
`For example:
`if you make no
`additonal charges
`using this card and.
`each month you pay..,
`-
`Only the minimum
`payment
`If you would tke a Iccation for credit counseling services,
`
`You will pay off the
`balance shawn on
`the statementin
`about..,
`
`And you will
`end up paying
`an estimated
`total of...
`
`call 1-866-515-5720.
`Minimum Payment Waming: Credit Limit
`$6.37
`
`SUMMARY OF ACCOUNT ACTIVITY
`Previous Balance
`Payments
`Other Credits
`Purchases
`Cash Advances
`Fees Charged
`Interest Charged
`New Balance
`
`7
`Available Credit
`Statement Closing Date
`Days in Billing Cycle
`
`QUESTIONS?
`Call Customer Service or Report
`1-877-825-3242
`a Lost or Stalen Credit Card
`1-702-405-2042
`Outside the U.S. Call
`Please send billing Inquiries and comespondence to:
`P.O. Box 98873, Las Vegas, NV 89193-8873
`
`Reference Number
`
`TRANSACTIONS.
`Trans Date Post Date Description ofTransaction of Credit
`QUALITY INN WATERBURY WATERBURY CT
`BARNUM FUEL BRIDGEPORT CT
`BP#O463555STRATFORD BP STRATFORD CT
`BARNUM FUEL BRIDGEPORT CT
`BARNUM FUEL BRIDGEPORT CT
`BARNUM FUEL BRIDGEPORT CT
`AMERICAN MUSICAL SUPPL 800-458-4076 NJ
`HESS 07510 STRATFORD CT
`CREDIT ONE REWARD CREDIT LAS VEGA
`CREDIT
`BP#946355SSTRATFORD BP STRATFORD CT
`BARNUM FUEL BRIDGEPORT CT
`MCDONALD'S F35612 BRIDGEPORT CT
`TRTHFDR*TRUTHFINDER.COM 800-6998081 CA
`PANTANAL FAMILY RESTAURAN BRIDGEPORT
`cT
`CREDIT PROTECT1 866 803 1745
`Fees
`LATE FEE
`TOTAL FEES FOR THIS PERIOD
`
`O65
`
`06/15
`O6/15
`
`Interest Charged
`Interest Charge on Purchases
`Interest Charge on Cash Advances
`TOTAL INTEREST FOR THIS PERIOD
`
`Total fees charged In 2017
`Total interest charged in 2017
`
`$100.00
`
`YOUR ACCOUNT IS PAST DUE.IT IS NOT TOO LATE TO
`PROTECT YOUR CREDIT RATING! PLEASE PAY THE
`MINIMUM AMOUNT DUE NOW OR CALL (888) 729-6274,
`
`Saas
`
`JBH
`
`on
`
`67
`
`615)
`
`(170615
`
`0
`
`X PAGE 1of2
`
`20 S727
`
`9629
`
`AIST O1605385
`
`Please return this portion with your payment, and write your account number on your check, made payable to GAEDITONEBANK.
`
`—
`CreditOhe
`BAN K
`
`For address, telephone and email changes,
`please complete the reverse side.
`Or, update your contact information ontine
`at wenw.CreditOneBank.com.
`
`PAY YOUR BILL ONLINEat CreditOneBank.com
`Account Number: EEE 5:09
`New Balance:
`$435.16
`Minimum Payment Due: $75.00
`Payment Due Date: Orn?
`
`AMOUNT ENCLOSED:
`
`CREDIT ONE BANK
`PO BOX 60500
`CITY OF INDUSTRY CA 91716-0500
`elTE aa titee ll eccel biel tbten
`
`PO OLOCEOPeee eee |
`JONATHAN EDWARDS
`65 MOHAWK ST
`STRATFORDCT 06615-6246
`
`
`
`CREDIT ONE BANK CREDIT CARD STATEMENT
`Account NumberQMS040
`May 16, 2017 to June 15, 2017
`
`If your accountis past due you could get help.
`You have Credit Protection - Request banefits today,
`It can help make paymentsif you getlaid off or become
`disabled, and there is a lass oflife benefit, too.
`Call 1-666-803-1746to request benefits today!
`
`Interest Charge
`$6.37
`
`INTEREST CHARGE CALCULATION Tt ,
`:
`‘Your Annual Percentage Rate (APR)is the annualinterest rate on your account.
`Balance Subject to
`Interest Rate
`$310,04
`$0.00
`
`Annual Percentage Rate (APR}
`24,65%(v)
`24.65%(v)
`
`Type of Balance
`Purchases
`Cash Advances
`
`$0.00 (v) = Variable Rate
`
`5385
`
`JBH
`
`ont
`
`7 1 1708t5
`
`o
`
`X PAGE 20f2
`
`20 S727
`
`«48620 AIS? O1FOSaa5
`
`
`
`CREDIT ONE BANK CREDIT CARD STATEMENT
`Account Number qaaRB048
`September 16, 2017 to October 15, 2017
`
`!
`
`
`
`-
`
`betee
`
`
`
`call 1-866-515-5720.
`$46.61
`$0,00 (v) = Variable Rate
`
`
`
`SUMMARY OF ACCOUNT ACTIVITY
`New Batance
`Previous Balance
`$573,34
`Past Due Amount
`Payments.
`$0.00
`
`
`Amount Due This Petiod
`Other Credits
`$0.00
`Purchases
`$0.00
`Minimum Payment Due
`Cash Advances
`$0.00
`Payment Due Date
`Fees Charged
`Late Payment Waming:
`
`
`Interest Charged
`If we do net receive your minimum paymentby the date listed above,
`you may hava to paya fate fea up to $35.
`New Balance
`$619.51
`
`
`
`Minimum Payment Waming:
`Credit Limit
`$400.00
`
`
`
`Lf you make only the minimum payment each period, you will pay more
`Avatlable Credit
`$0.00
`in interest andit will take you longerte pay off your balance.
`
`
`Statement Clesing Date
`10/15/17
`Days in Billing Cycle
`30
`For example:
`
`
`IFyou make no
`QUESTIONS?
`additional charges
`using this card and
`Call Customer Service or Report
`1-877-825-3242
`a Lost or Stolen Credit Card
`each month you pay...
`1-702-405-2042
`Outside the U.S. Call
`_.
`Only the minimum
`Please sendbilling inquiries and cosrespondence to:
`payment
`-
`P.O. Box 98873, Las Vegas, NV 89193-8873
`Hf you wouldlike a location for credit counseling services,
`
`PAYMENT INFORMATION
`
`$619.51
`$131.00
`$66.00
`$197.00
`MAT
`
`You will pay off the
`|: balance shown on
`the statementin
`about...
`
`And you wil
`end up paying
`an estimated
`total of...
`
`‘ReferencaNumber
`
`TRANSACTIONS
`Trans Date Post Pate Description ofTransaction oF Credit
`_
`Fees
`.
`10/15
`LATE FEE
`TOTAL FEES FOR THIS PERIOD
`
`1015
`
`.
`
`_
`10/15
`10/15
`
`_.__
`10/15
`10/15
`
`InferestChaged |
`Interest Change on Purchases
`Interest Charge on Cash Advances
`TOTAL INTERESTFOR THIS PERIOD
`2017 Totals Year-to-Data
`Total fees charged in 2017
`Total interest charged in 2017
`
`$240.00
`
`YOUR ACCOUNTIS PAST DUE AND WILL ADVERSELY
`AFFECT YOUR CREDIT RATING. PLEASE PAY THE
`MINIMUM AMOUNT DUE NOW OR CALL (886) 729-6274,
`
`Your accountis currently closed.
`
`INTEREST: CHARGE CALCULATION
`
`Your Annual Percentage Rate (APR)is the annual interest rate on your account,
`Balanee Subject to
`Interest Rate
`$538.38
`$0.00
`
`Annual Percentage Rate (APR)
`24.90%)
`24.90%(v)
`
`Type of Balance
`Purchases
`Cash Advances.
`
`Interest Charge
`St117
`
`5385
`
`JBH
`
`001
`
`7
`
`15
`
`171015
`
`Oo
`
`CXPAGE 1of1
`
`20 S727
`
`9620 AiS? O1EOS{aS
`
`Please reium this portion with your payment, and wiile your accounl number en your check, mada payable to CREDITONE BANK,
`
`CreditChe
`BANK
`
`2s,
`. telephone and emai
`For ad
`please complete the reverse side.
`Or, update your contact Information online
`at wew.CreditOneBank.com.
`
`PAY YOUR BILL ONLINE at CreditOneBank.com
`Account Number: RRR 3049
`New Balance:
`$619.51
`Minimum Payment Due: $197,00
`Payment Due Date:
`AWAIT
`
`AMOUNT ENCLOSED:
`
`CREDIT ONE BANK
`PO BOX 60500
`CITY OF INDUSTRY CA 91716-0500
`PWTaboueetDeaDoccE Dad vessQenD(Qbe braced alos tald cM Llasaeee
`
`Wal aLeeDe DDN aN Loc EUV eD aD aD oc bacd TDS Mateo Efoads
`JONATHAN EDWARDS
`65 MOHAWK ST
`STRATFORDCT 06615-6246
`
`
`
`BILL OF SALE AND ASSIGNMENT OF RECEIVABLES
`FROM CREDIT ONE BANK, N.A. TO MHC RECEIVABLES, LLC
`
`As ofDecember31, 2017, for good and valuable consideration, the receipt and sufficiency ofwhichis 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, titie and interest in and
`to (i)
`the receivables
`associated with each and every account
`referenced in the data
`file named
`CreditOne_Encore_012018 (the “Computer File”), a copy of which is attached hereto and incorporated herein by
`reference as “Exhibit A”; and,(ii) all claims orrights arising outofor relating to each ofthose Receivables (hereinafter,
`the “Receivables”).
`
`The Receivables transferred under the terms of this Bill of Sale and Assignment of Receivables were each
`transferred to Assignee prior to the charge off of the associated accounts, as shown in the Computer File. This Bill of
`Sale and Assignment of Recéivables evidences the intent between the parties for the transfer of the Receivables, acts
`’ “as an acknowledgementof those transfers, and, to the extent necessary, ratification ofthe transfers,
`
`With respect to information for the Receivables, Assignor represents and warrants to Assignee that the
`business records conveyed to Assignee relating to the Receivables (the “Business Records”), are kept by Assignorin
`the reguiar course ofits business. It is in the regular course of business ofAssignor for an employee or an authorized
`representative with personal knowledgeofthe act, event, condition, or opinion {collectively “Event’) to be recorded,
`to make the appropriate memorandum or recording of the Event at or reasonably near the time of the Event.
`Furthermore, Assignor represents and warrants to Assignee that the Business Records are materially complete and
`accurate, and thoroughly embody the information in Assignor’s custody and control for the Receivables from their
`creationuntil the time oftransfer to Assignee. These representations and warranties are intended to augment any other
`representations and warranties the parties may have in place and not supplant any other existing warranties and
`representations.
`
`. This Bill of Sale and Assignment of Receivables shall serve as evidence of ownership for the Receivables
`conveyed hereby and shall serve as an acknowledgment, as ratification, and as evidenceof the intentofthe parties to
`transfer the Receivables.
`
`
`
`Vice President
`
`EXHIBIT B
`
`
`
`EXHIBIT A
`
`ACCOUNT SCHEDULE
`
`The Receivables pursuant to the BILL OF SALE AND ASSIGNMENTOF RECEIVABLES FROM CREDIT ONE
`BANK, N.A. TO MHC RECEIVABLES, LLC that are specifically identified in the electronic file named
`CreditOne_Encore_012018 with such electronic file incorporated herein by reference.
`
`
`BILL OF SALE AND ASSEGNMENT OF ACCOUNTS
`FROM CREDIT ONE BANK,N.A. TO MHC RECEIVABLES, LLC
`
`As ofDecember31, 2017,for good and valuable consideration, the receipt and sufficiency ofwhichis hereby
`acknowledged, Credit One Bank, N.A: (“Assignor™) has transferred, has sold, has assigned, has conveyed, has granted
`and has otherwise delivered to MHC Receivables, LLC (“Assignee”), all of Assignor’s right, title and interest in and
`to (i)
`the charged-off credit card accounts identified on an account
`level basis in the data file named
`CreditOne_Encore_012018 (the “Computer File”), a copy of which is attached hereto and incorporated herein by
`reference as “Exhibit A”; and, (ii) certain related accountlevel media or electronic copies thereof (including, but not
`limited to applications, statements, terms and condition), and (iii) all claims or rights arising out of or relating to each
`account referenced on the Computer File (collectively hereinafter, the “Accounts”) including, but not limited to, all
`claims and rights afforded each Accountby virtue ofthat Account’s corresponding terms and conditions.
`
`The Accounts transferred under the terms of this Bill of Sale and Assignment of Accounts were each
`transferred to Assignee immediately following charge off for each applicable Account, as shown in the Computer File,
`
`With respect to information for the Accounts, Assignor represents and warrants to Assignee that the business
`records conveyed to Assignee relating to: (i) the Accounts issued by Assignor; and (ii) the sale and assignment of
`Accounts by Assignor(collectively, the “Business Records”), are kept by Assignorin 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 appropriate
`memorandum or recording ofthe Eventat or reasonably near the time ofthe Event. Furthermore, Assignor represents
`and warrants to Assignee that the Business Records are materially complete and accurate, and thoroughly embody the
`information in Assignor’s custody and control for the Accounts from their creation until the time of transfer to
`Assignee. These representations and warranties are intended to augment any other representations and warranties the
`parties may have in place and not supplant any other existing warranties and representations.
`
`This Bill of Sale and Assignment of Accounts shall serve as evidence of ownership for the Accounts
`conveyed hereby and shall serve as an acknowledgment,as ratification, and as evidenceofthe intent ofthe parties to
`transfer the Accounts.
`
`CREDIT ONE BANK,N.A.
`
`
`
`Vice President
`
`
`
`EXHIBIT A
`
`ACCOUNT SCHEDULE
`
`The Accounts pursuant to the BILL OF SALE AND ASSIGNMENT OF ACCOUNTS FROM CREDIT ONE BANK,
`N.A. TO MHC RECEIVABLES, LLC that
`are
`specifically identified in the electronic
`file named
`CreditOne_Encore_012018 with such electronic file incorporated herein by reference.
`
`
`
`BILL OF SALE AND ASSIGNMENT OF RECEIVABLES
`FROM MHC RECEIVABLES, LLC TO FNBM, LLC
`
`As of January 17, 2018, MHC Receivables, LLC (“‘Assignor”), for good and valuable consideration, the
`receipt and sufficiency of which is hereby acknowledged, has periodically transferred, has sold, has assigned, has
`conveyed, has granted and has otherwise delivered to FNBM, LLC (“Assignee”)allofits rights,title and interest in
`andto (i) the receivables identified and specifically referenced for each of the accounts on an account level basis on
`the datafile titled CreditOne_Encore_012018 attached hereto and incorporated by reference as “Exhibit A” ; and (ii)
`all claims orrights arising out ofor relating ta 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 Assignorin
`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 ofthe act, event, condition, or opinion (collectively “Event”) to be recorded,
`to make the appropriate memorandum or recording of the Event at or reasonably near the time of the Event.
`Furthermore, Assignor represents and warrants to Assignee that the Business Records are materially complete and
`accurate, and thoroughly embody the information in Assignor’s custody and control for the Receivables from their
`creation until the time oftransfer to Assignee. These representations and warranties are intended to augment any other
`representations and warranties the parties may have in place and not supplant any other existing warranties and
`representations.
`
`This Bill of Sale and Assignment of Receivables shall serve as an acknowledgment,as ratification, and as evidence
`of the intent ofthe parties to transfer the Released Receivables referenced herein.
`
`MHCReceivables, LLC
`
`
`
`Rusty Kendall, Authorized Representative
`
`
`
`EXHIBIT A
`
`ACCOUNT SCHEDULE
`
`to the BILL OF SALE AND ASSIGNMENT OF RECEIVABLES FROM MHC
`The Receivables pursuant
`RECEIVABLES, LLC TO FNM, LLC that are specifically identified in the electronic
`file named
`CreditOne_Encore_012018, with such electronic file incorporated herein by reference.
`
`
`
`BILL OF SALE AND ASSIGNMENT OF RECEIVABLES
`FROM FNEM, LLC TO SHERMAN ORIGINATOR I LLC
`
`On January 17, 2018,-FNBM, LLC (“‘Assignor”), for good and valuable consideration, the receipt of which
`is hereby acknowledged, hereby transfers,sells, assigns, conveys, grants and delivers to Sherman Originator ITI LLC
`(“Assignee”), all of its rights, title and interest in andto (i} the receivables identified and specifically referenced for
`each ofthe accounts on an accountlevel basis on the datafile titled CreditOne_Encore_012018attached hereto and
`incorporated by reference as “Exhibit A”; and (ii) all claims or rights arising out of or relating to the receivables
`(hereinafter the “Receivables”).
`
`With respect to information for the Receivables, Assignor represents and warrants to Assignee that the
`business records relating to the Receivables (the “Business Records”) are kept by Assignor in the regular course 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
`appropriate memorandum or recording at or reasonably near the time of the Event. Furthermore, Assignor represents
`and warrants te Assignee that the Business Records are materially complete and accurate and thoroughly embody the
`information in Assignor’s custody and control for the Receivables from Assignor’s receipt ofthose Receivables until
`the time of transfer to Assignee. These representations and warranties are intended to augment any other
`representations and warranties the parties may have in place and not supplant any other existing warranties and
`representations.
`
`This Bill of Sale and Assignment of Receivables shall serve as evidence of ownership for any of the
`Receivables conveyed hereby.
`
`FNBM, LLC
`
`
`
`
`
`EXHIBIT A
`
`ACCOUNT SCHEDULE
`
`The Receivables pursuant to the BILL OF SALE AND ASSIGNMENT OF RECEIVABLES FROM FNBM, LLC
`TO SHERMAN ORIGINATOR IH, LLC that are specifically identified in the electronic file named
`CreditOne_Encore_042018, with such electronic file incorporated herein by reference.
`
`
`
`BILL OF SALE AND ASSIGNMENT OF ACCOUNTS
`FROM MHC RECETVABLES, LLC TO SHERMAN ORIGINATOR III LLC
`
`On January 17, 2018, for good and valuable consideration, the receipt and sufficiency of which is hereby
`acknowledged, MHC Receivables, LLC (“Assignor”), hereby transfers, sells, assigns, conveys, grants and otherwise
`delivers to Sherman Originator II] 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_Encore_012018 (the
`“ComputerFile”), a copy of which is attached hereto and incorporated herein by reference as “Exhibit A”; and,(ii)
`certain related account level media or electronic copies thereof (including, but not limited to applications, statements,
`terms and condition), and (iii) all claims orrights arising out ofor relating to each referenced account(collectively
`hereinafter the Accounts”) including, but not limited to, all claims and rights afforded each account by virtue of that
`account’s corresponding terms and conditions.
`
`With respect to information for the Accounts described in the related Computer File, Assignor represents and
`warrants to Assignee that the business records relating to: (i) the Accounts owned by Assignor;and (ii) the sale and
`assignment ofAccounts by Assignor(collectively, the “Business Records”), are kept by Assignorin 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
`appropriate memorandum orrecording at or reasonably near the time of the Event. Furthermore, Assignor represents
`and warrants to Assignee that the Business Records are materially complete and accurate and thoroughly embody the
`information in Assignor’s custody and control for the Accounts listed in the Computer File from Assignor’s receipt
`ofthose Accounts until the time oftransfer to Assignee. These representations and warranties are intended to augment
`any other representations and warranties the parties may havein place and not supplant any other existing warranties
`and representations.
`
`This Bill of Sale and Assignment ofAccountsshall serve as evidence of ownership for any of the Accounts
`conveyed hereby.
`
`
`MHCRecei ctLL
`
`Rusty Kendall, Authorized Representative
`
`
`
`EXHIBIT A
`
`ACCOUNT SCHEDULE
`
`to the BILL OF SALE AND ASSIGNMENT OF ACCOUNTS FROM MHC
`The Accounts pursuant
`RECEIVABLES, LLC TO SHERMAN ORIGINATORIII, LLC thatare specifically identified in the electronicfile
`named CreditOne_Encore_012018, with such electronic file incorporated herein by reference.
`
`
`
`AFFIDAVIT OF CREDIT ONE BANK, N.A., FNBM, LLC, AND MHC RECEIVABLES, LLC
`
`Exhibit G
`
`) }
`
`)
`
`ss,
`
`STATE OF NEVADA
`
`COUNTY OF CLARK
`
`Your Affiant, Gary Harwood, being first duly sworn, states under oath as follows:
`
`I am a Vice President of Credit One Bank, N.A. (“Credit One”), and an
`i. My name is Gary Harwood.
`authorized representative of Credit One, FNBM, LLC (“ENBM”), and MHC Receivables, LLC (“MHC”). Iam over
`the age of eighteen and authorized to make this Affidavit on behalf of Credit One, FNBM, and MHC.
`Ifcalled as a
`witness, I can testify to a court competently as to my knowledge of the facts contained herein.
`
`2. As part of my regular job duties, I have access to and routinely review the business records of Credit One,
`MHC, and FNBMrelated to accounts and associated receivablesoriginated, serviced, and charged-off by Credit One.
`Such records include those maintained by or on behalf of Credit One, MHC and FNBMinthe ordinary course of each
`entity's business with regard to the sale and assignment of Credit One’s, MHC’s, and FNBM’saccounts and associated
`receivables,
`
`3. The facts stated herein are within my personal knowledge and arc based on my review of the relevant books
`and records available to me.
`
`4, Assignment_or Sale of Receivables.
`
`Each day, pursuant to the terms of self-executing purchase agreements, any new receivables
`a.
`(“Receivables”) associated with the Accounts (as defined below), are sold by (a) Credit One to MHC,as
`evidenced by a Bill of Sale and Assignment dated as of December31, 2017, by Credit One in favor of MHC,
`a cony of which is attached hereto, and then (b) MHC to FNBM,as evidenced by a Bill of Sale and
`Assignment dated as of January 17, 2018, by MHC in favor of FNBM,a copy of whichis attached hereto.
`
`On or about January 17, 2018, FNBM sold the Receivables to Sherman Originator II, LLC
`b.
`(“Sherman”), as evidenced by a Bill of Sale and Assignment dated as of January 17, 2018, by FNBM in
`favor of Sherman, a copy of which is attached hereto.
`
`5. Assignmentor Sale of Accounts.
`
`On or about December 31, 2017, Credit One sold a poo! of charged-off accounts (“Accounts”)
`a.
`associated with the Receivables to MHC,as evidenced by a Bill of Sale and Assignment dated as December
`31, 2017, by Credit One in favor of MHC, a copy of which is attached hereto.
`
`On or about January 17, 2018, MHC sold the Accounts to Sherman,as evidenced by a Bill of Sale
`b.
`and Assignment dated as of January 17, 2018, by MHC in favor of Sherman, a copy of which is attached
`hereto.
`
`6. Neither Credit One, FNBM, ner MHCretains any rights to receive payments, or to collect on the Accounts
`or Receivables, As demonstrated in the preceding, the Accounts and Receivables are ultimately reunited and all rights,
`title, and interest in the Accounts and Receivables are ultimately held by Sherman. Sections 4 and 5 of this Affidavit
`shall hereinafter be referred to collectively as the “Sale of Accounts and Receivables”.
`
`information contained in Credit One’s, MHC’s, and
`7, As part of the Sale of Accounts and Receivables,
`FNBM’s business records relating to the Accounts and Receivables (collectively, the “Business Records”) were
`provided to Sherman. These Business Records were made and/or recorded by or for Credit One, FNBM, and MHCas
`part of the regular course of business of each entity at or near the time of the acts, events, or conditions recorded.
`
`
`
`These Business Records accurately reflect the status of the Accounts and Receivables, are truthfully reflected in the
`computerfile identified in each Bill of Sale and Assignment, and are complete without errors to the best of my
`knowledge.
`
`8. Credit One, as servicing agent for MHC and FNBM,maintained the Business Recordsrelated to the Accounts
`and Receivables. To the extent the Business Records include records that were prepared by Credit One on behalfof
`MHCor FNBM,those records were accurately incorporated into the records of both FNBM and MHCas both FNBM’s
`and MHC’s own Business Records. To the extent that the Business Records include records that were prepared by a
`third party other than Credit One, those records were accurately incorporated
