(SILVA) STATE OF GEORGIA COUNTY OF HALL NOTICE OF SALE UNDER POWER Under and by virtue of the Power of Sale contained in a Security Deed given by Jorge Lopez toMortgage Electronic Registration Systems, Inc. as nominee for IndyMac Bank, F.S.B., its successors and assigns , dated May 27, 2005 , recorded on June 9, 2005 in Deed Book 5337, Page 196, said Security Deed having been last sold, assigned, transferred and conveyed to OneWest Bank, FSB by Assignment conveying the after-described property to secure a Note in the original principal amount of $107,520.00, with interest thereon as set forth therein, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on August 7, 2012 during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit: All that tract or parcel of land lying and being in Morgan GMD 385 of Hall County, Georgia, being all of Lot 10, Bridle Creek Subdivision, as per plat recorded in Plat Slide 577, Page 104A, Hall County Records, said plat being incorporated herein by reference thereto. Together with an undivided 1/38th interest in Lot 39 being shown on the aforesaid plat as Natural Preserve as an appurtenance to Lot 10. Said property is known as 1050 Bridle Creek Dr, Flowery Branch, Georgia., together with all fixtures and personal property attached to and constituting a party of said property, if any. Said property will be sold as the property of Jorge Lopez and Maria Silva, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Jorge Lopez, Juan C Lopez and Maria Edelmira Silva or a tenant or tenants. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation of the audit of the status of the loan as provided immediately above. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including, without limitation, attorneys` fees. Notice has been given of intention to collect attorneys` fees and other charges in accordance with the terms of the Note secured by said Deed. The balance, if any, will be distributed as provided by law. Pursuant to O.C.G.A. 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend, or modify all terms of the above-described mortgage is as follows:OneWest Bank 2900 Esperanza Crossing Austin, TX 78758 Phone Number: (800) 228-0530. The foregoing notwithstanding, nothing in O.G.C.A. 44-14-162.2 shall require the secured creditor to negotiate, amend or modify the terms of the mortgage instrument. OneWest Bank, FSB as Attorney in Fact for Jorge Lopez and Maria Silva McCurdy & Candler, L.L.C. (404) 373-1612 www.mccurdycandler.com File No. 07-08140 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 311435 7/12, 19, 26, 8/2