Hugoton Royalty Trust (the Trust) is an express trust created under the laws of Texas pursuant to the Hugoton Royalty Trust Indenture entered into on December 1, 1998 between XTO Energy Inc., as grantor, and NationsBank, N.A., as trustee. Bank of America, N.A. succeeded NationsBank as the trustee of the Trust. XTO Energy conveyed to the Trust 80% net profits interests in certain natural gas producing working interest properties in Kansas, Oklahoma and Wyoming under three separate conveyances. In exchange for these net profits interest conveyances to the Trust, 40 million units of beneficial interest were issued to XTO Energy. XTO Energy distributed all of its remaining 21.7 million trust units. As of December 31, 2008, XTO Energy is not a unitholder of the trust. The net profits interests entitle the Trust to receive 80% of the net proceeds from the sale of oil and gas from the underlying properties.