Citation/Notice Text :

CAUSE NO. 14-1942-C T H E S T A T E O F T E X A S CITATION BY PUBLICATION NOTICE TO DEFENDANT: "You have been sued. You may employ an attorney. If you or your attorney do not file a written answer with the clerk who issued this citation by Ten O'clock (10:00) A.M. on the Monday next following the expiration of forty-two (42) days after you were served this citation and petition, a default judgment may be taken against you." TO: UNKNOWN HEIRS AT LAW OF WILLIE V. WHITMILL, DECEASED- - - DEFENDANT - NO KNOWN ADDRESS GREETINGS: You are hereby commanded to appear before the 241st Judicial District Court of Smith County, Texas, to be held at the Courthouse of said County in the City of Tyler, Smith County, Texas, by filing a written answer to Defendant's Third Amended Counterclaim And Original Third-party Petition at or before Ten o'clock (10:00) A.M. on the Monday next after the expiration of forty two (42) days after the date of service hereof, DECEMBER 8, 2020, a copy of Defendant's Third Amended Counterclaim And Original Third-party Petition which accompanies this citation in Cause Number 14-1942-C, filed on the docket of said Court on this the 1ST DAY OF JULY 2020, and styled: WILLIE V. WHITMILL V. NATIONSTAR MORTGAGE LLC D/B/A MR. COOPER AND THE BANK OF NEW YORK MELLON AS INDENTURE TRUSTEE FOR NATIONSTAR HOME EQUITY LOAN TRUST 2009-A, DEFENDANTS/COUNTER-PLAINTIFF, V. ERIC WHITMILL, INTERVENOR COUNTER- DEFENDANT, IN RE: 1419 SOUTH PEACH STREET, TYLER, TEXAS 75701 “This is an in rem proceeding seeking court declaration of the proper recipient of interpleaded funds, which are excess proceeds from the foreclosure and sale of real property located at 1419 South Peach Street, Tyler, Texas 75701, and more particularly known as: ALL THAT CERTAIN LOT, TRACT OR PARCEL: OF LAND SITUATED IN SMITH COUNTY, TEXAS, BEING LOT NO. 67 IN BLOCK N0. 661-B 0F THE WALTER H. KNIGHT ADDITION AND RESUBDIVISION T0 THE CITY 0F TYLER, ACCORDING T0 PLAT THEREOF RECORD IN VOLUME 1, PAGE 204, PLAT RECORDS 0F SMITH COUNTY, TEXAS.” The officer executing this writ shall serve the same according to the requirements of law, and the mandates thereof, and make due return as the law directs. Issued and given under my hand and seal of said Court at Tyler, Texas, this date: October 20, 2020. ATTEST: CLERK OF THE COURT PENNY CLARKSTON Smith County District Clerk 100 N. Broadway, Rm. 204 Tyler, Texas 75702 By: /s/ Gina McClung McClung, Deputy CAUSE NO. 14-1942-C SHERIFF'S RETURN Came to hand on the day of , 20 , at o’clock .m. and I executed the within Citation by: (fill out appropriate box) PUBLISHING Publishing the same four ( ) times in the , a newspaper published in the County of Smith, in the State of Texas, once in each week for four consecutive weeks. Said Publication was made respectively on the Day of , 20 ; Day of , 20 ; Day of , 20 ; Day of , 20 ; First publication begin at least twenty-eight (28) days before the return day hereof, and a printed copy thereof is returned herewith. FEES Serving Citation: $ Printer’s Fee: $ Total: $ LARRY SMITH, SHERIFF SMITH COUNTY, TEXAS By: Deputy