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Public Notice - Citation by Publication - 5/31/2012 - 2

CITATION BY PUBLICATION

DISTRICT CLERK: 208 South Highway 37
Mount  Vernon, Texas 75457
PLAINTIFF’S ATTORNEY:
PAULA H. POWELL
Cherryhill Drive
Tyler, Texas 75703



NOTICE TO DEFENDANTS: “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 10:00 a.m. on the Monday next following the expiration of forty-two (42) days after the date of issuance of this citation and petition, a default judgment may be taken against you.”

TO: BENTON BLAIR, OTIS BOWYER,  JR. AND THEIR HEIRS, KNOWN AND UNKNOWN, IF ANY SAID PERSONS ARE DECEASED, Defendants in the  herein described.

You and each of you are hereby commanded to appear and answer before the 62nd Judicial District Court in the Franklin County Courthouse in Mount. Vernon,  Franklin County, Texas at or before 10:00 a.m.  on the first Monday after the expiration of forty-two (42) days from the date of issuance hereof, being at or before 10:00 a,m, on Monday, the 9 day of July, 12 then and there to answer the petition of EXXON MOBIL CORPORATION, in Cause No.  11379, styled EXXON MOBIL CORPORATION vs BENTON BLAIR, OTIS BOWYER, JR.  AND THEIR HEIRS, KNOWN AND UNKNOWN, IF ANY SAID PERSON ARE DECEASED, wherein the said EXXON MOBIL CORPORATION is Plaintiff, and the said BENTON BLAIR, OTIS BOWYER, JR. AND THEIR HEIRS, KNOWN AND UNKNOWN, IF ANY SAID PERSON ARE DECEASED,  are Defendants. The said petition, filed on the 17 day of  May, 2012, discloses that the nature of said suit is as follows:

This suit is brought to have a receiver appointed under the provisions of Sections 64.093  of the Texas Civil Practice and Remedies Code for undivided royalty interests owned by the Defendants in the following described lands in Franklin County, Texas, to-wit:

Tract One:  157.096 acres, a part of 326.5 acres of land, more or less, out of the William Evans Surveys, A-157 and A-158, Franklin County, Texas, and being more particularly     described in that certain Mineral Deed from B.W. Perryman to Humble Oil and Refining     Company dated September 24, 1931, Volume 13, Page 71 of the Contract and Lien Records of Lien Records of Franklin County, Texas, INSOFAR AND ONLY INSOFAR as said land lies with Abstract No. 157.

Tract Two:  165.903 acres, a part of 326.5 acres of land, more or less, out of the William     Evans Surveys, A-157 and A-158, Franklin County, Texas, and being more particularly     described in that certain Mineral Deed from B.W. Perryman to Humble Oil and Refining     Company dated September 24, 1931, Volume 13, Page 71 of the Contract and Lien Records of Lien Records of Franklin County, Texas, INSOFAR AND ONLY INSOFAR  as said land lies with Abstract No. 158.

Tract Three:  60.49 acres of land, more or less, also called 55.2 acres and 54.16 acres, being all of Section 754, T.E. Brewer Survey, A-713, Franklin County, Texas, and being more particularly described in that certain Amendment of Description dated December 14, 1936, from C.W. Perryman to Humble Oil & Refining Company and recorded at Volume 26, Page 514 of the Contract and Lien Records of Franklin County, Texas.and to execute ratifications of agreements for the pooling and/or unitization of royalty interests owned by the Defendants and deliver  thereof to the Plaintiff, and take such other action deemed necessary under the provisions of said statute.

If this citation is not served within ninety (90) days after date of its issuance, it shall be returned unserved.

ISSUED AND GIVEN UNDER MY HAND AND SEAL OF SAID COURT on this the 22 day of May, 2012, at Mount Vernon , Franklin County, Texas.

CLERK OF THE DISTRICT COURT        FRANKLIN COUNTY, TEXAS
By:LuAnn Butler
Deputy