Public Notice

CITATION BY PUBLICATION- CIVIL SUITS
CAUSE NO. 26-230-DCCV-00069
The State of Texas
UPSHUR COUNTY
PLAINTIFF’s Attorney OR PLAINTIFF
JOSEPH VACEK
5601 EXECUTIVE DR., SUITE 400
IRVING, TEXAS 75038

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 10:00 a.m. on the Monday next following the expiration of forty-two days after the date of issuance of this citation and petition, a default judgement may be taken against you.”

TO: THE UNKNOWN HEIRS AT LAW OF DIANNE GAY, DECEASED, AND THE UNKNOWN HEIRS AT LAW OF DALE GAY, DECEASED

Defendant, Greeting:
You are hereby commanded to appear by filing a written answer to the Plaintiff’s Original Petition at or before ten o’clock a.m. on the Monday next after the expiration of forty-two days after the date of issuance of this citation, the same being: Monday the 18th day of May, 2026, before the Honorable 115th District Court of Upshur County, at the Justice Center, located at 405 N. Titus St., of said County in Gilmer, Texas.

Said Plaintiff’s Petition was filed in said court on the 2nd day of March, 2026 In this case numbered 26-230-DCCV-00069 on the docket of said court and styled:

FINANCE OF AMERICA REVERSE LLC V. THE UNKNOWN HEIRS AT LAW OF DIANNE GAY, DECEASED, AND THE UNKNOWN HEIRS AT LAW OF DALE GAY, DECEASED

IN RE: 5107 LEMON ROAD, BIG SANDY, TEXAS 75755

A brief statement of the nature of this suit is as follows, to wit:

Plaintiff Finance of America Reverse LLC, its successors in interest or assigns, by and through its attorney of record Joseph M. Vacek of Robertson, Anschutz, Schneid, Crane & Partners, PLLC, 5601 Executive Dr., Suite 400, Irving, Texas 75038, brought suit against the Unknown Heirs at Law of Dale Gay, Deceased, and the Unknown Heirs at Law of Dianne Gay, Deceased and any other person claiming any subordinate right, title and/or interest in 5107 Lemon Road, Big Sandy, Texas 75755

FIELD NOTE DESCRIPTION FOR A 35.051 ACRE TRACT BEING LOCATED IN THE B.F. HOWARD SURVEY, ABSTRACT NO. 196, UPSHUR COUNTY, TEXAS AND BEING ALL OF THE RESIDUE OF A CALLED 39.48 ACRE TRACT DESCRIBED IN A DEED TO DIANNE GAY AND DALE GAY AS RECORDED IN VOLUME 272, PAGE 301 OF THE DEED RECORDS UPSHUR COUNTY, TEXAS, SAID 35.051 ACRE TRACT TO BE MORE PARTICULARLY DESCRIBED AS FOLLOWS;

BEARINGS ARE BASED ON THE STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL ZONE 4202, N.A.D. 1983.

BEGINNING AT A 1/2” IRON ROD FOUND FOR THE SOUTHWEST CORNER OF HEREIN DESCRIBED TRACT, SAME BEING THE SOUTHEAST CORNER OF A CALLED 38.144 ACRE TRACT DESCRIBED IN A DEED TO EPIX MANAGEMENT, LLC AS RECORDED IN DOCUMENT NO. 202110159 OF THE OFFICIAL PUBLIC RECORDS OF UPSHUR COUNTY, TEXAS, SAID POINT BEING ON THE NORTH LINE OF A CALLED 135.421 ACRE TRACT, DESCRIBED IN A DEED TO QWF, LLC RECORDED IN DOCUMENT NO. 201900579 OF THE OFFICIAL PUBLIC RECORDS OF UPSHUR COUNTY, TEXAS; THENCE WITH THE COMMON LINE OF SAID 38.144 ACRE TRACT AS FOLLOWS: NORTH 05°27’43” EAST A DISTANCE OF 508.54 FEET TO A 1/2” IRON ROD FOUND; NORTH 16°15’39” EAST A DISTANCE OF 526.68 FEET TO A 1/2” IRON ROD FOUND; SOUTH 80°27’36” EAST A DISTANCE OF 175.12 FEET TO A 1/2” IRON ROD FOUND; SOUTH 81°01’27” EAST A DISTANCE OF 230.50 FEET TO A 1/2” IRON ROD FOUND; NORTH 49°14’25” EAST A DISTANCE OF 141.75 FEET TO A 1/2” IRON ROD FOUND; NORTH 12°28’13” WEST A DISTANCE OF 178.69 FEET TO A 1/2” IRON ROD SET; SOUTH 86°39’11” WEST A DISTANCE OF 34.17 FEET TO A 1/2 IRON ROD SET; NORTH 20°13’50” WEST A DISTANCE OF 21.61 FEET TO A 1/2” IRON ROD SET, SAME BEING A SOUTH CORNER OF A CALLED 4.734 ACRE TRACT DESCRIBED A DEED TO EPIX MANAGEMENT, LLC AS RECORDED IN DOCUMENT NO. 202110159 OF THE OFFICIAL PUBLIC RECORDS OF UPSHUR COUNTY, TEXAS; THENCE WITH THE COMMON LINE OF SAID 4.734 ACRE TRACT AS FOLLOWS: SOUTH 89°06’04” EAST A DISTANCE OF 37.54 FEET TO A 1/2” IRON ROD SET; NORTH 72°00’16” EAST A DISTANCE OF 75.11 FEET TO A 1/2 IRON ROD SET; NORTH 62°44’51” EAST A DISTANCE OF 72.62 FEET TO A 1/2” IRON ROD FOUND; NORTH 43°49’37” EAST A DISTANCE OF 78.38 FEET TO A 1/2” IRON ROD FOUND; NORTH 03°52’54” EAST A DISTANCE OF 288.34 FEET TO A 1/2” IRON ROD FOUND; NORTH 17°47’42” EAST A DISTANCE OF 46.74 FEET TO A 1/2 IRON ROD FOUND; NORTH 48°17’40” EAST A DISTANCE OF 52.12 FEET TO A 1/2” IRON ROD FOUND, SAME BEING A SOUTH CORNER OF A CALLED 0.122 OF AN ACRE TRACT DESCRIBED IN A DEED TO EPIX MANAGEMENT, LLC AS RECORDED IN DOCUMENT NO. 202110159 OF THE OFFICIAL PUBLIC RECORDS OF UPSHUR COUNTY, TEXAS; THENCE WITH THE COMMON LINE OF SAID 0.122 ACRE TRACT AS FOLLOWS: NORTH 49°54’10” EAST A DISTANCE OF 46.71 FEET TO A 1/2” IRON ROD FOUND; NORTH 12°49’01” EAST A DISTANCE OF 54.96 FEET TO A COTTON SPINDLE SET, NEAR THE CENTER OF THE PAVED SURFACE OF LEMON ROAD, FOR A NORTHWEST CORNER OF HEREIN DESCRIBED TRACT, SAME BEING AN EAST CORNER OF SAID 0.122 OF AN ACRE TRACT; THENCE SOUTH 56°45’16” EAST, A DISTANCE OF 233.88 FEET, TO A POINT IN THE PAVED SURFACE OF LEMON ROAD; THENCE SOUTH 64°00’54” EAST, A DISTANCE OF 112.24 FEET TO A COTTON SPINDLE SET, NEAR THE CENTER OF THE PAVED SURFACE OF LEMON ROAD, FOR THE NORTHEAST CORNER OF HEREIN DESCRIBED TRACT, SAME BEING THE NORTHWEST CORNER OF A CALLED 20.815 ACRE TRACT DESCRIBED IN A DEED TO SARA R. HERNANDEZ AND JESSE C. HERNANDEZ; THENCE SOUTH 00°50’28” EAST, PASSING A RAIL ROAD SPIKE AT A DISTANCE OF 24.2 FEET, AND CONTINUING FOR A TOTAL DISTANCE OF 608.74 FEET TO A 1/2” IRON ROD FOUND FOR AN ANGLE BREAK IN THE EAST LINE OF HEREIN DESCRIBED TRACT, SAME BEING THE SOUTHWEST CORNER OF SAID 20.815 ACRE TRACT, SAME BEING THE NORTHWEST CORNER OF A CALLED 25.000 ACRE TRACT DESCRIBED IN DEED TO JOEL DAVID BEADLES BEING RECORDED IN DOCUMENT NO. 200605675 OF THE OFFICIAL PUBLIC RECORDS OF UPSHUR COUNTY, TEXAS; THENCE SOUTH 03°27’56” EAST, A DISTANCE OF 609.61 FEET TO A 5/8” IRON ROD FOUND FOR AN ANGLE BREAK IN THE EAST LINE OF HEREIN DESCRIBED TRACT, SAME BEING THE SOUTHWEST CORNER OF SAID 25.000 ACRE TRACT, SAME BEING A NORTHWEST CORNER OF A CALLED 55.022 ACRE TRACT DESCRIBED IN A DEED TO JEFFERY WRIGHT AND RONDA K. WRIGHT BEING RECORDED IN VOLUME 12 PAGE 653 OF THE DEED RECORDS OF UPSHUR COUNTY, TEXAS; THENCE SOUTH 01°09’31” EAST, A DISTANCE OF 350.67 FEET TO A 1/2” IRON ROD FOUND FOR THE SOUTHEAST CORNER OF HEREIN DESCRIBED TRACT, SAME BEING AN INNER CORNER OF SAID 55.022 ACRE TRACT; THENCE SOUTH 88°13’28” WEST, A DISTANCE OF 662.57 FEET TO A 1/2” IRON ROD FOUND FOR AN ANGLE BREAK IN THE SOUTH LINE OF HEREIN DESCRIBED TRACT, SAME BEING A NORTHWEST CORNER OF SAID 55.022 ACRE TRACT, SAME BEING THE NORTHEAST CORNER OF SAID 135.421 ACRE TRACT; THENCE SOUTH 87°26’31” WEST, A DISTANCE OF 659.69 FEET, BACK TO THE POINT OF BEGINNING AND CONTAINING 35.051 ACRES, MORE OR LESS.

as is more fully shown by Plaintiff’s Petition on file in this suit. The officer executing this writ shall promptly serve the same according to requirements of law, and the mandates thereof, and make due return as the law directs.

Issued and given under my hand and the Seal of said court, at office in Gilmer, Texas, this the 30th day of MARCH, 2026.

MELISSA CHEVALIER, DISTRICT CLERK
OF THE 115TH DISTRICT COURT, UPSHUR COUNTY, TEXAS

BY: B.W., DEPUTY