Loading...
HomeMy WebLinkAboutContract 48620 CITY SECRETARY CONTRACT NO. A1 STATE OF TEXAS § § KNOW ALL NIEN BY THESE PRESENTS: COUNTY OF DENTON § CONSENT TO LEASE WHEREAS,on March•11,2013,Doris J.Fenner,Individually and as Independent Executrix and Trustee under the Will of E.D.Fenner,and Donald Ray Fenner,Trustee of the Speck and Doris Fenner Living Trust, as Lessors, entered into the Oil, Gas and Mineral Leases attached hereto as Exhibits Al and A2 in favor of Devon Energy Production Company,LP,as Lessee(hereinafter the"Leases");and WHEREAS, the right of the Lessors to execute the Leases required the City of Fort Worth to grant Lessors written permission to do so. NOW, THEREFORE, the City of Fort Worth does hereby expressly consent to the Lessors execution of the Leases and does hereby consent to and ratify the Leases. Executed this (day of 2013. City of Fort Worth,Texas Hy: Name: Fl-nando Costa Title: Asst Gf4 Ma mge,- STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME,the undersigned, a Notary Public, on this day personally appeared eymMD Cn5 c the�r cLof the City of Fort Worth, a home-rule municipal corporation of the State ofexa ,known to me to be the person whose name is subscribed to the foregoing instrument and, that he has executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this I$ day of ✓t 1 2013 PA f(lI Notary Public, State of Texas oF.FoRr� U •O� �XAS Atoesbd b OFFICIAL RECORD CITY SECRETARY WORTH,TX FT. 8ry J. se ,Ci Secretary EXHIBIT Al NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOUMAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Producers 88498(R) Texas Paid-Up(2193) OIL,GAS AND MINERAL LEASE (PAID-UP LEASE) itnsAaREuiEl4Tmodethis I1th dayof March ,20 13 between Donald Ray Fenner,Trustee of the Speck and Doris Fenner Living Trust ,Lessor(whether one or more)wbore address is P.O.Box 36,Haslet,TX 76052 and Devon Energy Production Company,L.P. Lamm,whose addressis 333 W.Sheridan Avenue,Oklahoma City,OK 73102 ;WITNESSETH: I.Lessor in consideration of Ton or more Ddlms,in hand paid,of the royalties herein provided,and of the agreement of Lessee herein omtained,hereby grants,leasers and lets exclusively auto Lemce the lends subject hereto for the purpose of investigating,exploring,prospecting,drilling and mining for and producing oil,gas(including all gum liquid hydrocarbons and their respective ccstiumu elements)and all otter minerals,(whether or not similar to those mentioned)and the exclusive right to conduct exploration,geologic and geophysical tears and surveys.injecting gas.water sand other fluids and air into subsurface strata,establishing and utGring facilities for the disposition of salt ureter,laying pipelines,housing its employees and building mads,tanks,power stations,telephone lines and other structures thereon to prodom rave,take care of,treat.transport,and own said products;which Inds aro locatedbt Denton County,Texas,and described as fellows: 6.1765 acres of land,more or less,out of the Greenberry Overton Survey,Abstract No.972,Denton County Texas, and being more particularly described in that certain Warranty Deed,dated June 15, 1989 from Ernest D.Fenner and Doris Fenner to City of Fort Worth, a Municipal corporation, recorded in Volume 2596, Page 436, Real Property Records,Denton County,Texas. SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF FOR ADDITIONAL PROVISIONS This lease also covers and includes all Ind owned or claimed by Lessor adjacent or contiguous to the land particularly described above,whether the same be in said survey or in adjacent surveys,although not included within the boundaries of the land particularly described shove.The land covered by this lease shall be hereinafter referred to as said Land.lessor agrees to execute any leave amendment requested by Lessee for a more complete or accurate description of said Lend and such amendment shall include war&of present lease and grad.For the purpose of calculating any payments hereinafter provided for,said Land is estimated to comprise 6.1765 acres,whether it actually comprises more or less until such time as Leasee requests a lease amendment and same is feted ofm:cmd. 2. Sdicct to the other provisions herein contained and without reference to the commencement,prosecution or cessation of operations andfor production at any rime hereunder,this lease shall be for a sem of three(3)years from this date(called'primmy term')and as long Wcrealfer as oil,gas,or other minerals is produced from or operations am conducted m said land gland with which said Land is pooled hereunder.The word"op natone as used herein shall include but not be limited to any or the following;preparing drillsite location and/or access road, thrilling,testing,canpletmg,mwmlung.reeampleting,deepening,plugging back or repairing of a well in search for or in an endeavor to obtain production of oil,gas or other minerals and any other actions coodueted on mid Inds associatedwith or related thereto. 3.The royalties to be paid by Lessee are:(a)on oil delivered at the wells or into the pipeline to which the wells may be connected,one-eighth of the proceeds received from the sale of dl produced and saved from said Land;Lessor may from time to time purchase any royalty oil an its possession,paying the market mice therefor prevailing for the field where produced on the date of purchase or[tteea may sell soy royally dl in its possession and fray Lessor the price received by the Lessee for such oil computed at the wall;Lessor's interest shall bear one-eighth of the met of treating the oil to reader it marketable pipeline oil or,if them is so available pipeline,Lessor's interest shall bear mo-eighth of rhe cost of All bucking Barges;(b)an gee,including all gases,processed Ggdd hydrocarbons associated therewith and any other respeclive constituent elements,casinghead gas or other gaseous substance,produced from said Land and sold or used off the premises or for the extraction of gasoline or other product therefrom,the market value at the well of one-eighth of the gas so sold or used provided the market value shall no exceed the amount received by Iessm for such gas computed at the month of the well,and provided further on gas sold of the wells the royalty shall he one•cighth of the net proceeds received from such sale,it being understood that Lector's interest shall bear one-eighth of the rove of all compression,beatng,dehydrating and transporting costs incurred in marketing the ges so sold at the wells,(c)on all other minerals mined and marketed,oneo-tenth either in kind or value at the well or mine,at Lessee's elation.Any royalty interests,including,without dmdtation,mom- participating royalty interests,in said Land,whether or not owned by Lessar and whetter or not dilectivaly pooled by Lessee pursuant to the provisions hereof,shall be paid Gout the myelly set forth herein Lessee shall have free use of oil,gas and wane from said Land,except water from Lessor's wills,in all operations which Lessee may conduct hereunder,including water bmje tion and secondary recovery operations,and the royalty m oil and gas shall be computed after deducting any so used. 4.If at the expiration of the primary term or at any time or times atter the primaryterm herein,them is a well or wells capable of produoiog oil or gas in paying quantities m said Land or Ind or leases pooled therewith but of or gas is not being sold or used and this leave is no then being maintained by production,operations or otherwise,this lease shall not terminate, (unless released by the lessee),sort it shall nevertheless be considered that oil and/or gas is being produced from said Land within the meaning of paragraph 2 hamin.However,in this event, Lessee shall pay or tender as shut-in royalty to Lessor,or tender for deposit to the credit of Lessor in the (Pay to Lessor at above address) Back at (wldch bank and its successor aro lesson again and shall cemdme as the depository bank for all shut-in royalty Payments hrmmder mgarme a of changes in owmeubip of said lard or shut-in royalty payments)a sum determined by multiplying one dollar($1.00)per mace for each acre than covered by this lease, provided however,in the event said wall is heated on a unit comprised of all or a potion of said Land and other lead or leases a sum dehammed by multiplyfag oat dollar(SI.OD)per ace for each arae of said find included in such mut on which said shut-in well is located.Hsuch bank(or any successor hook)should fad,liquidate.or be succeeded by soother bank or for any reason ftilor=fuse m accept such payment,Lessee shall=-lender such payment widum dotty(30)days follorinvg receipt from Lessor of a properrecordable instrument naming another bank as agent to receive web payment or random.Such shut-in royalty payment shall be due on or before the expiration of ninety(90)days after(a)the expiration of the primary tern,or(b)The date of completion of such well,or(c)the dam an which oil or gas ceases to be sold or used,or(d)the dale this lease is included in a unit on which a well has bees previously completed and shut-ice a (e)the date"lean oases to be otherwise maintained,wbichevar be the later date.It is understood and agreed flat no shut-in royalty payments shill be due during the pritaw[arm.In like roamer and upon flee payments or tender on or before the next ming anniversary of the due dam for said payment,the Lessor shall continue to pay such shut-in royalty for successive periods of one(1)year each until such time as this lease is maintained by production or operations However,if scrod production commences within the applicable 90 day period,a shut-in royalty payment shall riot be required or,if a shut-in royalty payment is tendered,no additional shut-ice payment will be due until the nerd®suiog anniversary of the rase date for said tendered payment regardless of bow many times actual production may be commenced and shut-in during such one(1)year period. Lesson's failure to pry or tender or to properly or timely pay or under any web sum as shut-in royalty shall reader lessee liable for the amount dun but it shall not opera to laminate Iris lease.Lessee agrees to use reasonable diligence to ptodUM utilize or market the minerals capable of bang produced from said wells,but in the exercise of such diligence,Lesson,shall not be obligated to install or furnish facr7ities,other than well faclitiev and ordinary lease facilities of Rawlins,superstar,and lease Took,and shall not be required to some labor trouble or to market gas upon terms unacceptable to L wee.(fat any time Lessee pays or tanders royalty ear shut-in royalty as hereinabove provided,two(2)or more polies are.or claim to be,eotincd to receive same,Leasee may,is tic"of say other method of Payment herein provided,pay or tender such royalty or shut-in royalty,in the meuner above specified,tither jointly to such parties or separately to each in accordance with their respective ownerships theme(, as Leases may deo. 5. (a) Lasses shall have the right and power in it discretion to pool or combine,as to any one or mom strata or formations,said Lead or any portion of said Land with other herd covered by this lease or with other land,lease or leases in the vicinity thereof,The above right and power to pod and uuitixc may be exercised with respect to nit,feta or other minarets,ar any ono or tome of said mubsfanm,and may be exercised at any time and from time to time during or atter the primary hum,and before or after a well has been dulled,or while a well is being dolled.Pooling in one or more instances shag not exhaust the rights of Lessee to pool said Lead or porticos thereof into other wits. Units formed by pooling as to any stratum or strata need not amforen in sine or area with units as to any other stratum or strata,and oil units need not oamform as to area with gas units.Union pooled for oil hereunder shall no wbsmntially exceed 80 soca each it arm plus a tolerance of IO%thereof,and wits pooled for gam hereunder,or units containing a hotiwohl well(any well having a Intend length of at least me hundred(100)fes), shall not substaaddly exceed m area 640 acres each,plus a tolerance of 10%Otaeof,provided that should governmental authority having jurisdiction prescribe or permit the creation of units larger than those specified,wits thereafter created may comfort substantially in size with those prescribed or permitted by governmental regulations.The pooling for gas hereunder by Lessee shag also pool and amities all associated liquid hydrocarbon and any other respective constituent elements as may be produced with the unitized gas,and The royalty interest payable to Lessor therece shall be computed gra same as on gas. With resped to my such unit so formed.Leasee shall execute in writing an instrument or instruments identifying and describing the pooled sewage and file same for raording m the office of the county perk in the comaty in which said pooled acreage is located.Such pooled unit shag became effective as of the dale provided Por in said instrument or instruments,but if said instrument"instruments make no each provision,than welt unit shall became effective on die date such instrument or instruments are so filed for record.Any unit so formed may be re-formed,increased or decreased,at the election of Leasee,at any time and from time to time ager the original forming thereof by filing an appropriate instrument of rand in the County in which said pooled acreage is located.Any such pooled unit established in accordance with the terms hereof shall constitute a valid and effective pooling of the interests of Lessor and Lessor hereunder regardless of the existence of other mineral,mon-excaeivs mineral,royalty,um-participating royalty,overriding royalty or leasehold interests in lands within the boundary of any pooled amt which am no effectively pooled therewith. Lessee shall be under no duty to obam an effective pooling of such other outstanding interests in leads within the boumdmy,of my pooled welt.operations on or production of oil aodlor gas from any par of the pooled unit which includes all we portion of said Land,rageodlect of whether such kms were commenced or mob production was secured before or after the date of this lease or the date of the Instrument designating the pooled unit,shall be considered for all purposes,except the payment of royalties,as operations on or production of oil or gas from said Land whetberor not the well or wells be located on said Land The production from moil well will be considered fxeduadon from the lease or oil fooled unit tram which it U producing and not m production from a gas pooled nnit;and production from a gas well will be considered= production from the leave or utas pooled unit from which it is producing and not from an dl pooled unit.In ren of royallies above specified,Lessorshall receive on production f=m a unit so pooled only such potion of the royalty stipulated herein as the amount of said Land placed in the unit hems to the total acreage an pooled in the unit involved,w4ject to the rights of L.essa to Devon Form Revised 3R7l2012 EXHIBIT Al reduce Proportionately Lessor's royalty as hereinafter provided Oil or gas produced from my such unit and used in the operations thereof or therew shall be excluded in calculating said royalty.Lessee may vacate any unit formed by it hereunder by instrument in writing filed for record in said county at any time when these is no unitized substauce being produced from such unit.If this lease now orhereafter covers separate tends,no pooling or unitization of royalty interests as between any such separate bracts is intended or shall be implied or molt merely from the inclusion of Rich separate harts within this lease but Lessee shall nevertheless have the right to pool or w6 in as provided to this pempWh 5 with consequent allomion of production w herein provided.As used in this pm p,4 5,the words%cparmc tract'mem any not with royalty ownership diffedog,now or hereafter,either as to paries or amounts,from that as to any other part of said Land (b)Lessee at anytime and from time to time during the life of thus lease shall live the right and power as to all or say part"fornmton or steam of the Ind herein leased,without Lcsscea joinder,to unitize the same with other lands,formations,strata or leases coveriog Inds in die same general mea as the leased premises by combining the leaschold estate and Lessor's royalty estate created by this lease with any other lam or looter,royalty"mineral estate in and under any other Unix or tracts of land,regardless of the ownership thereof,so as to create by the combination of such imereOs or my of them one or more unitized areas of such size and shape as determined by Lessen to be developed and operated by secondary or tertiary methods as though such lands and Interest were all included within the terms hemof and constituted a single oil,gas and mineral lease. All such prodmGau tram such,unused arm shall be divided or allocated among the various tracts comprising such mitized area based on a formula derived have parameters utilized by Lease and incorporated in a unitization agreement approved by the Railroad Commission of Tems.The unitization agoement shalt include other provisions designed to allow for operations of the unitized area in an orderly rammer and Lessor hereby agrees that all provtsims contained therein shall be binding on Lessor provided such unitization agreement is approved by the Railroad Commission of Texas or other Governmental Agencies having jurisdiction over such matters Operations on or production of oil andlor gas from any part of the unitized area which includes all or a pardon of said Lund,regardless of whether such operations were commenced or mob prod odion was secured before or after the date of this lease or the date of the instrtimmt designating the unitized arra shall be considered for all parposrs, except the payment of royaldts,as operations on or production of ml or gas from said Land whether or not the well or wells be located an said Land Royalties payable from the unitized arra shat be computed on the basis of the production allocated to the portion of the above described Ind included within such unitized area after excluding thcretiam my oil w gas used in the operations thereon. 6. Lessor may at anytime or dimes execute and deliver to Lamar or to the depository above named or place of record,a release or releases covering any portion of said Land ander portious of subsurface soma or stratum and thereby amender this tense as to such portion and/or portion of subsurface strata or stratum and be relieved of all obligations as to the saeagc,stria orstmlum surrmdemcL Lessee shall retain rights of ingress and agrees across and through my released portion and/or strata of the lease in order to have necessary access to that pardon and/ar strata of the leased premises which remains in force and on which Lesacc continues to conduct operations. 7.If,at any flare&tialeS Oftat'the expiration of the primary term,operations or production of ori,gas or other minerals on said Land or on acreage pooled therewith should cease from any cause and this lease is not ohm being otherwise maintained,this lease shall not terminate if Lessee commences or resumes operations within ninety(90)days thereafter and continues such operations or commences any other operations with no cessation of operations of mom than ninety(90)consecutive drys,and if such operation"other operations mail in the production of oil,gas or other minerals,this lease shag remain in fall force and effect fm so long thereafter as oil,gas or other mineral is produced from said Land or acreage pooled therewith. It is understood sed agreed that iC during fed primary tam hereof,all operations or production ceases on said Land or land on teases pooled therewith,this lease shat nevertheless remain in full face and effect during the paid-rep primary term hercof.It at the expiration of the primary term,oil,nes or other minerals is not being produced on said Land or an acreage pooled therewith and there am an operation an sad Land or on atmuage pooled therewith but operation or production ceased within 90 days of the expiration of the primary term,this lam shell not terminate if Lessce commences or mRrmes operations within ninety(90)Clays of said cessation of production w operations.If after the expiation of de primary tem,Lessee connpltstes either(a}m oil wall on land other then said Land and which outer land and all or a pardon of said Land has been included in a gas unit that was formed prior to the expiration of the primary term of this lease, or(b)a gas well on land other than said Land and which other land and all or a portion of said Land has been included in on oil unit that was formed prior to the expiration of the primary tern of this lame,this ease shall remain in force so long as operations on said well or operations on any additional well on said Laud or acreage pooled therewith aro pmseottted with no cessation of more that ninety(90)m nscoadve days and if they result in the production of oil,gas or other mineral,w Ing thereafter as oil,gas or other mineral is produced from said Land or am sage poledtherewith.For all purposes herein,if m oil well man oil unit,which includes at or a portion of said[and is redassified ac a gas wall,or if a gas well on a gas unit,which includes all ora part=of the leased premisus,is reclassified man oil wet,the effective dam ofsaid reclassification shat be considered as the date of oesssaRion of Ixeduaron from said well.If during the term of this lease,a well or wells should be drilled and completed w a producer of on or gee in paying quantities and web well or wells am located an 4acent Ind and within 330 fact of and rimming said Land,Lessee agrees,at its option to either(a)drill such offset well or wells,as an ordinary prudent operator would do ands similar circumstances,car(b)release the affected screege or stratum in accordance with the provisions of pamgraph 6 herein;nal,in this canneaGon,it shat be considered that no drainage exists.However,there shall be no express or implied duty of Lessee,with impact to de above options,unless such offset well m wells drilled by Lessee would be sufficiently productive to pay Lesser a profit over and above drilling,completing and operation expenses. 8.Lessee shall have the right,at any time during err after the expiration of this lease,to remove all property and fixtures placed by Lassen on said Lmd,including the right to draw and remove all easbrg.Upon Lessor's request and when reasonably necessary for uttizalin of the surface for some Waded use by the Lessor,Lessee wall bury all pipelines below ordinary plow depth.Nowell shag be Chilledwithin two hundred(200)feet of any residence or bam now on said Land without Lessor's Wn mt. 9.The rights of either party hemunder maybe assigned in whole or in pmt,and the provision hereof sball extend to their heirs,succomem;and assigns;but no change or division in such ownership of said Lund w royalties,however accomplished,shat operate to enlarge ted obligation or diminish the right of Lessee.and no change or division in web ownership shat be binding on Lessee until thirty(30)days after Lessee shall have been furnished,by registered U.S.mail m Lessee's principal place of business,with a carolled copy of recorded instrument instruments evidencing some or evidence,satisfactory to Larne.If any such change to ownership occurs by reason of the death of the owner,Lesser may newxdtelcss,pay or tender royalties, or pat thercof,to the credit of the decedent in a depository bank provided for above.In the event of amigomeat hereof in whole win pet,liability for breach of any obligation hereunder shall rpt exchadvely upon the owner of this lease or of a portion thereof who commits each breach. If six"mom parties became dmdded to royalty beremder,Leasee may withhold payment thereof unless and until furnished with a recordable inch m=t,executed by all such Mies,designating an agent to receive payment for all. 10.The breach by Levee of any obligation arising hereunder shall not work a ferfeitmo or termination of this Issue,tar cause a teminadm or reversion of the estate created hereby,nor be grounds for cmrellatitm hereof in whole or in pm[ In the event Lessor confident that operations arc net at my data being conducted in compliance with this lease,Lessor shall notify Lessee in writing of rhe fads relied upon as constituting a breach hereof,and Lessee,if in delnidt,shut have ninety(90)days after recoipi of such notice in which to commence the compliance with the obligations imposed by vimre of this instrument The service afraid ontico shat be precedent to tha bringing of any action by Lass"on said lease for any cause,and no such action shag be brought until the lapse of ninety(90)days after service of such notice an Lame.Neither the service of said notice nor the doing of my acts by Leasee aimed to meet all or any of the alleged breaches shall be deemed an admission"presumption that Lessee has failed to perform all its obligation hereunder. Arte'the discovery of oil,gas or other minerals in paying gomtidp on said premises,Lessee shall reasonably develop the acreage retained haeuuda;bun,in discharging this obligation,it shat in no event be required to drill more than one well per eighty(80)acres.plus an acreage tolerance not to oxceed 10%of 90 cores,of de area retained hereunder and capable of producing oil in paying quanddes and one well per 640 acres,plus an acreage tolerance ml to exceed 10%of 640 acres,of the mea retained hareunder and capable of producing gas or other minerals in paying quantities and one horizontal well per 640 acres,plus an screw tolerance not to exceed Ifl%of 640 was of the arum retained h seunder and capable of producing al,gas or other minerals in paying quantities. 11.Less"hereby warrants and agree to defend the title to said Land and agrees that Lessee may,at its option,discharge any her,mortgage or other lira upon said Land,either in whole or in part;unit,in the event Lessee dors so,it shill be suhrogmed to web lien with the right to enforce same and apply royalties accruing hereunder toward satisfying same.When required by stere,fcdetal or other laws.Lessee may withhold taxes with respect to royalty and other payments hereunder and remit the amounts withheld to the applicable axing authority for credit to Lessor.Without impairment otl.essee's rights under the warranty in event of fedlme of tide,his agreed then if Leas"awns an interest in the oil,gas car other minetds on,in or under said Land less than the=tire fee simple estate,them the shut-in royalties and royalties to be paid Lamar shall be reduced proprrtimmcly, 12.(a)Should Leasee be prevented from complying with my express or implied covenant of this lmse,from conducting operations thereon,or from producing oil or gas therefrom by reason of scmddty Of"liability m obtain or to use equipment"material,or by operation of farce mnjaurq my Federal or State law,or my order,rale or regulation of governmental authority, then while w prevented,L amar's obligation to empty with such coveoart shag be suspended and Lessee shall mt be liable for damages for failure to comply therewith;and this base shall be extended while and so long as Lames is prevented by my such cause from conducting operations an or Gam producing of or gas from said Land;and the time while Leasee is an prevented shall riot be counted against Losses,anything in this lease to the contrary notwithstanding. (b)The specification of emses of farce majenre herein enumerated shall not exclude other causes from consideration in determining whether Lessee has used reasonable diligence wherever required in fulfilling any obligations or conditions of this lam,express or implied,and any delay of not moo than six(6)months after lamination of force majeure shall be deemed justified (r)All teals and mentons df this lease,whether express or implied,shall be subject to all Federal and State Laws,Fxecutive Orders,Rtdp,or Regulahoms;and this lease shall not be laminated,in whole or in pmt,tar Leases,held liable in damages for failure to comply therewith,if compliance is prevented by."if mob failure is the result of,any such Law,Order, Rale or Regulation. 13. 71hia lease Rates the=dm would between the parties,and no mp reseatedou orpromise,verbal orwrntm,an behalf of either party shall be binding rndras contained herein;and this leave shall be binding upon ash party executing the sem and their successors,heirs,and assigns,regardless of whether or riot executed by all persons above named as"Lamar". IN WITNESS WHEREOF.this instrument is excume l an the date fust above written. Donald Ray Fenner,Trustee jeflic Speck and Doris Ferner Living Trost LESSOR LESSOR LESSOR LESSOR STATE OF TEXAS COUNTY OF Y E ht f(S x) § This instrument was addmowledpdbefore mean March If ,2013 by Donald Ray Fenner,Trustee ofthe Speck and Doris Fenner Living Trust / Notary Sigoatma: / Printed Name: Keith J.HaMby my Ova-wN. KEITH J.HAMBY H==KEITH State of Texas M' Na public.State of Texas V.- MY commission Expires July 14,2013 EXHIBIT Al EXHIBIT"A" Attached to and made a part of that certain Oil,Gas and Mineral Lease dated the 11th day of March, 2013 by and between Donald Ray Fenner, Trustee of the Speck and Doris Fenner Living Trust,as Lessor and Devon Energy Production Company,L.P.,as Lessee. 1. Notwithstanding anything contained in this lease to the contrary, wherever the primary term "three (3) years" appears in Paragraph No. 2 in the printed portion of this lease the same is hereby amended to read"two(2)years". 2. Notwithstanding anything contained in this lease to the contrary, wherever the fraction "one-eighth" (1/8th) appears in the printed portion of this lease the same is hereby amended to read"one-fifth"(I/5th). 3. It is understood and agreed, between Lessor and Lessee, that there will be no surface operations, including the laying of pipelines, for oil or gas upon the above described; however, Lessee shall have the right to drill under, or through,produce from and inject substances into the subsurface of the lands covered by this lease, from wells which are located on lands pooled therewith. SIGNED FOR IDENTIFICATION: By: A&a Donald Ray Fenner, rust a of the Speck and Doris Fenner Living Trust EXHIBITA2 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Producers 88-198(R) Team,Paid-Up(2193) OIL,GAS AND MINERAL LEASE (PAID-UP LEASE) Tins AGREemENTmadetits 11th day of March 20 13 between Doris J.Fenner,Individually,and as Independent Executrix and Trustee under the Will of E.D.Fenner ,Lessor(wlnsher one or more)when address is P.0.Box 36 Haslet TX 76052 _ _ _ _ _ ___ and Devon EnergyC_ Production o_mpany-,L.PT_ ,crises whose address is 333 W.Sheridan Avenue,Oklahoma City,& 73102 ;WITNESSETH: 1.Lessor in consideration of Ten or more Dollars,in hand paid,of the royalties herein provided,and of the agreement of Lessee herein e/ntained,hereby grams,leases and less exclusively unto Lessee the lands subject hereto for the purpose of investigating,exploring,prospectitio&drilling and raining for and producing oil,gas(including all gases,liquid hydrocarbons and their respective constituent cements)and all other minerals,(wbetber or not similar to those mentioned)and the exclusive right to conduct exploration,geologic and geophysical tests and surveys,injecting gas,water and other fluids and air into subsurface strata,establishing and unitising facilities for the disposition of salt water,laying pipelines,housing its employees and building roads,ranks,power stations,telephone lines end other structures thereon to produce,save,tab care of,trent,transport,and own said products,which lads am hated in Denton County,Texas,and described as follows: 6.1765 acres of land,more or less,out of the Greenberry Overton Survey,Abstract No.972,Denton County Texas, and being more particularly described in that certain Warranty Deed,dated June 15, 1989 from Ernest D. Fenner and wife,Doris Fenner to City of Fort Worth,a Municipal corporation,recorded in Volume 2596,Page 436,Real Property Records,Denton County,Texas. SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF FOR ADDITIONAL PROVISIONS 'This lease also covers and includes all lad owned or claimed by Lessor adjacent or contiguous to the land particularly described above,whether the same be in said survey or in adjacent surveys,although not included within the boundaries of the land particularly described above. The land covered by ibis lease shag be hereinafter referred to as mid lend. Lessor agrees to amcote any lease amendment requested by Lessee for a more complete or accurate description of said Land and sucb amendment shall include wards of present lar and grant For the purpose of talculatmg my payments hereinafter provided for,said Land is estimated to comprise 6.1765 acres,whether it actually comprises more or less until such time as Lessee requests a Ince amendment and semen filed of record. 2. Subject to the other provision herein contained and without reference to the commencaneni,prosecution or cessation of operations andlor production at my time beremder,this lam shall be for a team of duce(3)years fro"ibis date(called primary tam')and as long thereafter as oil,gas,or other minerals is produced Brom or operations we conducted on said land or Ind with which said Land is pooled bermaider.The word"operations"as used herein shall include but not be limited to my or thefollowing;preparing drillsite location miller access road, aha&tom&completing,--kin&mcompleting,deePamg,plugging back orrepairing ora wall in search for or inn endavor to obtain production of oil,gas or all=minerals and any atter actions conducted on said lends associated with or rdmod thereto. 3.The royalties to be paid by Lessee are:(a)on ail delivered at the wells or into the pipeline to which the wells may be connected,ono-eighth of the proceeds received firm the sate of oil produced and saved from odd Land;Leasee may from time to time purchase any royalty oil in in possession,paying the marks price therefor prevailing for the field where produced on the date of purehasm or Lessee may sell arty royalty it in its possession and pay Lessen the price received by the Leasee for such oil computed at the well;Lessor's interest shall bens 000-sighth of the cost of mating the oil to render it marketable pipeline nit or,if them is no available pipellno,Lessor's interest shall bow me-eighth of the cast of all trucking charges;(b)on gas,including all gases,processed liquid hydrocarbons associated therewith and Any other respective constituent elements,essinghrad gas or other gaseous substance,produced from said Land and sold or used off the premises or for the extraction of gasoline or other product therefrom,the market value at the wall of—eighth of the gas an sold or used provided the market value shall not exceed the amount received by Lessee for such gas rompu d at the mouth of the well,and provided further on gas sold at the wells the royalty shoe be one-eigWh of the act proceeds received From such sale,it being wilmssood that Lessor's interest shall bass oneeighth of the cost of all compassion,treating,dehydrating and transporting costs incurred in marketing the gas so sold at the wells;(c)on all other minerals mined and marketed,one-temh either is kind or value at the well or mine,at Lessee's election.'Any royalty interests,including,without limilmion.Too- participating royalty micro"in said Lend,whether or not owned by Lessor and whether or not affoctively pooled by Lesser purmant to the provisions hereof,shall be paid from the royalty ad forth herein. Lessem shall have free use of oil,gas and water from said Land,except water from Lessor's wells,in all operons which Leasee may conduct hereunder,including water igjectio and secondary recovery operations,and the royalty on oil and gas shall be computed after deducting any so used. 4.If at the expiration of the primary Tamm or at any time or tines after the primary tam herein,thele is a well or wells capable of producing oil or gas it)paying quantities an said Land or Ind or latus pooled therewith but off or gas is not being sold or used and this lease is not then being maintained by production,operations or otherwise,this Ionic shall not terminate, (mines released by the Lessee),and it shall nevertheless be considered that oil andlor gas is being produced from said Land within the meaning of paragraph 2 herein.However,in this event, Lessee shell pay or render as shut-in royalty to Lessor,or tender for deposit to the credit of Lessor in the (Pay to Lessor at above address) Bank at (which bank and its successors we lessors agent and shell continue m the depository bank for all shut-in royally payments haemder regardless of rLanges in ownership of said land or-shutmin royalty payments)a sum determined by multiplyiog one dollar(SI.00)per ase far each ere then coverad by dosis lema, provided however,in the event said well is located m it unit coimpriscd of all or a portion of said Land and other land or leases a nam da ermined by multiplying one dollar(St.00)par acre for each acre of said Land included in such mit on which amd shut-in well is located.If such bank(or any successor bank)should fail,liquidate,or be succeeded by another bank or for any ream Fail or refuse to accept such payment,Lessee sill To-tender such payment within thirty(30)days Following receipt from Lessor of a proper recordable instrument naming another bank as agent to receive such payment or renders. Such shut-in royalty payment shall be due on or before the expiration of ninety(90)days atter(a)the expiration of the primmy term,or(b)the date of comps tion of such well,or(c)the date on which oil or gas ceases to be sold or mod,or(d)die date this lame is included in a wit on which a wept has been previously completed and shut-in or (e)the daft the lase ceases to be otherwise maintained,whichever be the later date.It is understood and agreed that no shut-in royalty payments shall be due during the primary Tenn.In like manner and upon litre payments or feeders on or before the next ensuing anniversary of the due tine for said payment,the Lessee shall continue to pay such shut-in royalty for successive periods of one(1)year each until mom time as this lam is maintained by production or operation Howevm if actual production commences within the applicable 90 day period,a shut-pn royalty payment shall not be required cr,if a shut-in royalty payment is tendered,no additional shat-in payment will be due moil the next ensuing anniversary of the don date fon said tendered Payment regardless of how may times atom!production may be commented and shut-in during such me(1)yew period. Lessee's Failure to pay or tender or to properly or timely pay or tender any such sum as shut-in royalty fall render Lesser liable for the mount due but it shall not operate to terminate this lase.Lessee agrees to use reasonable diligence to produce,utilize or market the minerals capable of being produced from said wells,but in the exercis"of such diligence,Lessee shall not be obligated to install or famish facilities,other thm well facilities and ordinary teat Facilities of flowlfne,supermen,and lease tm16 and shell not be required to seftle labor trouble orto market gas upon tams unacceptable to Lessee.Ent my time Lessee pays or tavdas royalty or shut4m royalty as haermebove provided,two(2)or mom parties aro,or dais to bc,emitted to mesio"same,Leasee may,in llca of my other ma iod of payment herein provided,pay or tender such royalty or shat-in royalty,in the summer above specified,eitherjdmly to such parries err separately to each in accordance with their ragrective ownerships thenar, as Lessee may slat 3. (a) Lessee shall have the right and power in its discretion to pool or combine,as to any one or mom ante or formations,said Land or my portion of said Land with other land covered by this lase or with other food,lemur bases in the vicinity thereof The abrin right end power to pool and unitize maybe exercised with respect to aril,ger or other minerals,or my one or more of said substances,and may he esercised at any time and from time to time during or after the primary tots,and before or after a well has been drilled,or whale a well is being drilled.Pooling in went more instances shall not exhaust the rights of Losses to pool said Land or portions thereof into other units.Units formed by poling as to an,stratum or stria used not conform in Sim or area with units as to my ether shamm or strum,and oft units need not conform as to area with gas units.Units pooled for oil hereunder shag not substantially exceed 80 acres each in am plus a tolermce of 10%thereof,and units pooled fbr gas hereunder,or units containing a horizontal well(any wall having a lateral length of at last we hundred(100)feet), shag sot substantially exceed in area 640 awes ado plus a tolerance of 10%thereof,provided that should governmental authority having jurisdiction proscribe or permit the action of units lager than those specified,units thereafter created may cwfbtm substantially in size with those prescribed or permitted by governmental regnlatiuns.The pooling for gas hereunder by Lessee shall also pool and unitize all associated liquid hydrocarbons and my cher respective crosfitueut elements as may be produced with the witized gas,and the royalty interest payable to Lessor thereon shall he computed the same m on gas. With respect to any such unit so farmed Lesson shall execute in writing an instrument or instruments identifying and describing the pooled amoge and file same for recording in aha office of the County Clerk in the county in which said pooledacrmago is located Such pooled wit shall become effective as of the date provided For in said instrument or instrumems,but if said iastnumut or iaaruments mare no such provision,aha such wit shall became effective an the date such instrument or instruments ere so filed for record.Any unit so formed may be re-t'wmmd,increased or decreased,at the election of lAme,at any time and Gam time to time!kr the original farming thaeof by fig an appropriate instrument of record in the County in which said pooled a mAp is located Any such pooled wit established in accordance with the terms hereof shill constitute a valid mid effective pooling of the interests of Laaor and Lessee hereunder regardless of the exist ace of ether miner!,ten-executive Tumoral.royalty,non-participating royalty,overriding royalty or lessehold interests in lands within the boundary of any pooled unit which are not effectively punted therewith. Lessee shall be coder an duty to obtain m effective pooling of such other outstanding interests in Inds within the boundary of any pooled unit.Operations on or production of mT miller gas From any pan of the pooled unit which includes all or a portio of said Land,regardless of whetha such operations were commenced w such production was seared before or alter the date of this lasso or the date of the instrument designating the pooled unit.shall be considered for all purposes,except the payment of royleas,as operations on w production of ml or gas from said Land whether or not the well or wells be locoed on said Land The production Fromm o well X11 bs vm..wid—d prodaodon fmw too loner w on Pwolwd emit f—wbiv4 it is pmdncimg and not as prwdvodm from a We pooled unit:and Fmil-fi"u Gem a tf'r well will bo osnsidvrw es production from the lease or gm pooled unit from which it is producing and not from an oil pooled unit. In lieu of royalties above specified,Lessor shall receive on production from a amt so pooled only such portion of the royalty stipulated herein as the amount of said Lard placed in the limit hours to the total sereage so pooled in the wit involved,abject to the rights of T tisec to Deva Form Revised 3272012 EXHIBIT A2 reduce proportionately Lessar's royalty as hereinafter provided. Oil or gas produced from any such unit and used in the operations thereof or thereon shall be excluded in alwlatfrtg said royalty.Lessee may vacate any unit formed by it hereunder by main- cutin writiug filed for record in said county at any time when there is no unitized substance being produced from such unit.If this lease now or hereafter covers separate hum no pooling or unitizalion of royalty interests as between any such separate tracts is intended or shall be implied or result merely from the inclusion of such separate trams within this lease but Lessee shall nevertheless have the rigbt to pod or unitize as provided in"paragraph I with consequem allocation of production as herein provided As used in this p..aag aph 5,the winds"separate tract'mean any hast with royally ownership differing,now or hereafter,either as to parties or amounts,from that as to acv otter pan of said land (b)Lessee at any time and from time to time during the life of this lease shag have the right and power as to a0 many part or formation or strain of the land herein leased without Lessor's joinder,to unitize the same with other lands,formations,strata or leases covering lands in the same general area as the teased premises by combining the leasehold estate and Lassoes royalty estate created by this lease with any other lase or lanes,royalty or mineral estate in and under say other tract or tracts of land,regardless of the ownership themat so as to create by the combination of such interests or any of them one or mom unitized area of such size and shape as determined by Lessee to be developed and operated by secondary or tertiary methods as though such lands and interest were all included within the terms bereof and constituted a single oil,gas and mineral lease. All such production from such unitized area shall be divided or allmated among the various tracts comprising such unitized was baud on a formula derived from parameters utilized by Lessee and incorporated in a unitization agreement approved by the Railroad Commission of Texax The wmitization agreement shall include other provisions designed to allow for operations of the unitized area in an orderly manner and Lessor hereby agrees that all provisions ctmmined therein shall be binding on Lessor provided such unitization agreement is approved by the Railroad Commission of'rcxm or other Governmental Agencies having jurisdiction over such matters Operations on or production of oil and/or gas flow any part of the unitized area which includes all or a potion of said Land,regardless of whether such operations were commenced or such production was seared before or after the date of this lease or the date of the instrument designating the unitizsd area,shall be considered for all purposes, except the payment of royalties,as operations on or production of of or gas from said Land whether or not the well or wells be located on said land.Royalties payable from the unitized area shall be computed on the basis of the production allocated to the portion of tin above described land included within such unitized area after excluding therefrom any oil or gee used in the operations thereon. 6.Lessee may at my time or tithes execute and deliver to Lesser or to the depository above owed or place of record,a release or releases covering any portion of said Land and/or portions of subsmrfaca shave or stratum and thereby surrender this lease as to such portion andfor portion of subst rfacce strata or stratum and be relieved of all obligations as to the acrage,strata or stratum surrendered_Lamm shall retain rights of ingress and egress across and through any released portion and/or strata of We lease in order to have necessary access to that portion and/or strata of the leased premises which remains in force and on which Lessee continues to ramdnel operations. 1.if,at any time or times alter the expiration of the primary term,operations or production of oil,gas or other minerals on said Land or on acreage pooled therewith should cease from any cause and this Iense is not then being otherwise maintained,this lease shall not terminate if Lessee commences or resumes operations within ninety(90)days thereafter and continues such operations or commences any other operations with no cessation of operations of mate than ninety(90)consecutivc drys,and if such operation or other opatadans resell in the production of oil.gets or other minerals,this lam shall remain in full fans and effect for so tong thereafter as oil,gas or other mineral is produced from said Land or acreage pooled therewim. It is understand and agreed that it;during the primary term hereof,all operations or production ceases on said land or land on[elates podcd therewith,this lease shall nevertheless remain in full force and effect during the paid-up primary term hemof.if,at the mpiration of the primary term,oil,gas or other minerals is not being produced on said Land or on acreage pooled therewith and there are o0 operations on said Land or on acreage pooled therewith but operations or production ceased within 90 days of the expiration of the primary term,this lease shall not terminate if Lessee commences or resumes operations within ninety(90)days of said emotion of production or operations.If after the expiration of die primary tem,Leasee completes either(a)an oil well an land other than said Land and which other land and all or a portion of said Land has barn included in a gas unit that was formed prior to the expiration ofibe primary term oftbis[ewe, m(b)a gas welt on Ind other than said Land and which other land and all car a portion of said Land has been included in an oil unit that was formal prior to the expiration of the primary term of this lease.this lease shall remain in force so long as operations on said well or operations on env additional well on said Land or acreage pooled therewith are pmsmded with no cam ion of mote that ninety(90)consecutive days and if they result in the production of oil,gas or other mineral,m long thereafter as oil,gas or other mineral is produced from said Lead a acreage pooled ther:with.Forall puryoses herein,if an oil well on an oil unit,which includes agora portion of said Land is reclassified as a gas•well,wife gas well on a gas unit,whichincudes at or a portion ofibe Icased premises,is reclassified as an ml well,the a&dive dale of such reolassif cinion shall be considered as the date of eessution of production from said well.If during the tern of this lease,a well ar wells should be drilled and completed as a producer of oil or gas in paying quantities and such well or wells are located on adjacent land and within 330 feet of and draining said Land,Lessee agrees,at its option to either(a)dn71 such offset well or wets,as an ordinary prudent operator would do under similar circumstances,or(b)release the affected acreage or stratum in accordance with the provisions of paragraph 6 herein;and,in this connection,it shall be considered that no drainage exists.However,there shall be no express or implied duty of Lessee,with respect to the above options,mess such offset well or wells drilled by Lessee world be sufficiently productive to pay Lessee a profit over and above drilling,completing and operation expenses. 8.Lessee shall have the right,at any time during or after the expiration of tis tease,to remove at properly and fixtures placed by Le ss-on said Land,including the right to draw and remove all ring.Upon Lessor's request and when reasonably necessary for utilization of the surface for some intended use by the Lessor,Lessee will bury all pipelines below ordinary plow depth.No well shill be drilled within two hwhdred(200)fat of any residence or ben now on said land without Lasmr's consent. 9.The rights of eilhm party hereunder maybe assigned in whole or in part,and the provisions humor"]extend to Weir heirs,successors and assigns;but uo change or division in such ownership of said land or royalties,however accomplished,shall operate to enlarge the obligation ordimiaiall the right of Lessee,and no change or division in such ownership shall be binding on Lessee ontil thirty(30)days after Lessee shalt have been famished,by registered U.S.mag at Lessees principal place of business,with a certified copy of recorded instrument a instruments evidencing same or evidence satisfactory to Lessee.If my such change in ownership occurs by reason of the data of the owner,Lessee may nevertheless,pay or tender myaldes, "part thereof,to the credit of the decedent in a depository bank provided for above.In the event of assigoment bereof is whole win part,liability for breach of awry obligation hereander shall rust exclusively upon the owner of this lease or of a portion thereof who commits such breach. If six or more parties become entitled to royalty hereunder.Lessee may withhold payment Ihemof unless and hmtil f rmishod with a recordable instrument,==led by all such parties,designating a agent to relive payment for all. 10.The breach by Losse:of any obligation arising hereunder shall het work a fMeiture or termination of this lease,nor cause a termination or reversion of the estate created hereby,nor be grounds for cancellation hereof in whole or in pan. In the event Leaver considers that operations are not at any time being conduced in compliance with this cease,Lessor shall notify Lessee in writing of the facts relied upon as constituting a brach hereof•,and I,csca if in default,shall have ninety(90)days after receipt of sucb notim in which to commence the compliance with the obligations imposed by virtue of Ibis instrument.The service of said notice shall be precedent to the bringing of any action by Lessor on said lease for any rattle,and no such action shall be brought until the lapse of ainety(90)days after service of such notice on Lessee.Neither the service of said notice nor the doing of any acts by Losse aimed to meet all or any of the alleged beaches shall be deemed an admission or presumption that Lessee has failed to perform all its obligations herewhder. Ager the discovety of oil,gas or other minerals is paying quantities on said point=,Lessee shag reasonably develop the acreage retained hereunder,but,in discharging this obligation,it shall in no event be required to dell more than one well per eighty(80)acts,plus an acreage tdermce not to exceed 10%of 80 acres,of We arm retained hereunder and capable of pmduciag oil in paying quantities and one well per 640 noes,phis an acreage tolerance not W exceed 109A of 640 arses,of the area retained herewderand capable of producing gas or other minerals in paying quantities and ane horizontal well per 640 acres,plus an acreage tolerance not to exceed 10%of 640 arms of the area retained hereunder and capable of producing oil,gas or other minerals in paying quantities. 11.Lessor hereby warrants and agrees to defend the tide to said Land and egress that Less=may,at its option,discharge any tax,mortgage or other lien upon said land,either in whole or in pen;and,in the event Lessee docs so,it sialI be subrogaled to such hen with the right to enforce same and apply royalties accruing hereunder toward satisfying same.When required by state,federal or other laws,Less may witblmid taxes with respect to royalty and other payments hereunder and remit the amounts witdtold to the applicable taxing atri mrity for credit to Lessor.Witham impairment of Lo:ace's rights under the waanly in event of failure of tigF it is agreed that if Lessor owns an interest in the oil,gas or other minerals on,in or under said Land less than the entire fee simple estate,then the shut-in royalties and royalties to be paid Lessor shall be reduced proportionably. 12.(a)Should Leasee be prevented from complying with any express w implied covenant of this lease,from conducing operations thereon,or from producing oil"gas Werrhom by reason of searciry of or Inability to obtain or to use equipment or material,or by operation of force malieure,my Federal or State law,or any order,nde err regulation of governmental seniority, thew while an prevented,Lessee's obligation to comply with such covenant shag be suspended and Lessee shall no be liable for damages for failure to comply therewith;and this lease shag be extended while and an long as Lessee is prevented by my such cause from conducting operations on or from producing oil or gas from said Land;and the time while Lessee is so prevented shall not be counted against Lesce,anything in this lase to the contrary notwithstanding. (b)The specification of causes offer=m;jeure herein enwnerated shall not exclude other causes from consideration in determining whether Less-has used reasonable diligence wherever required in fulfilling any obligations or conditions of this lease,express or implied,and my delay of rat more flum six(6)months after termination of tura majaure shall be deemed justified. (c)All temps and conditions of this lase,whether express or implied,shall be subject to all lWeral and State Laws,Executive Orders,Rules,or Regulations;and this lease shall not be terminated,in whole or in part,aor Lessee held liable in damages for failure to comply therewith,if compliance is prevented by,or if such failure is the result ot;any such law,Older, Rupe car Regulation. 13.This lease states the athe contract between the parties,and no representation or promise,verbal or written,no behalf of either party shall be binding unless contained herein;and this Item shall be binding upon ad party executing the some and their successors,heirs,aid assigns,regardless of whether m not executed by all persons above named as"Lessor". IN WITNESS VAMREOF,tr4MU4A' iss instrument is executed on the date fast above written. ''~� 7 •Dais J.Fmee,fadividud ,and aix and m-wft LESSOR LESSOR "der the Will of E.D.Fever LESSOR LESSOR STATE OF TEXAS § C0UNTYOF 'PEA.f L a iJ ¢ This instrument was wA owledged before mesa March A/ ,2013 by Doris J.Fenner,Individually,and as Independent Executrix and Trustee under the Will of E.D.Fenner Notary Signature: ,harm„ Muted Name: Keith J.Hamby @ITH�.HAivioY Notary Public,Scale of Texas MY C0n1rr1tSSi0f `"pIr85 Notary Public,State of Texas y �h�jy iss 2013 EXHIBIT A2 EDIT"A" Attached to and made a part of that certain Oil,Gas and Mineral Lease dated the 11th day of March, 2013 by and between Doris J. Fenner, Individually, and as Independent Executrix and Trustee under the Will of E. D. Fenner, as Lessor and Devon Energy Production Company,L.P.,as Lessee. 1. Notwithstanding anything contained in this lease to the contrary, wherever the primary term "three (3)years" appears in Paragraph No. 2 in the printed portion of this lease the same is hereby amended to read"two(2)years". 2. Notwithstanding anything contained in this lease to the contrary, wherever the fraction "one-eighth" (1/8th) appears in the printed portion of this lease the same is hereby amended to read"one-fifth"(1/5th). 3. It is understood and agreed, between Lessor and Lessee, that there will be no surface operations, including the laying of pipelines, for oil or gas upon the above described; however, Lessee shall have the right to drill under, or through, produce from and inject substances into the subsurface of the lands covered by this lease, from wells which are located on lands pooled therewith. SIGNED FOR IDENTIFICATION: By: Doris J.Fenner,Individually,and as Independent Executrix and Trustee under the Will of E.D. Fenner