Common use of Supplemental Risk Factors Clause in Contracts

Supplemental Risk Factors. You should review carefully the information in this pricing supplement and the attached prospectus supplement and prospectus about the notes. For more information regarding risks that may materially affect our business and results, please refer to the information under the caption “Item 1A. Risk Factors,” in our Annual Report on Form 10-K for the year ended December 31, 2007, and the information under the caption “Item 1A. Risk Factors,” in our quarterly Report on Form 10-Q for the quarter ended September 30, 2008, which are incorporated by reference in this pricing supplement. If we fail to make a payment of interest or principal, you will be required to follow the regulations of the TLG Program, which supersede your rights under the senior indenture as described in the prospectus. We intend to appoint the senior trustee as authorized representative under a supplemental indenture for the notes. The authorized representative will be responsible, upon our failure to make a required payment of interest or principal, to make a demand of the FDIC under the guarantee. In addition, any holder may elect to not be so represented, as provided by the terms of the TLG Program. If a holder makes the decision to represent itself under the applicable regulations, it will be required to provide the proof of claim and other documentation, in form and content satisfactory to the FDIC, necessary to receive payment under the guarantee. If a demand is not made under the TLG Program by the authorized representative within 60 days of our failure to pay interest or principal, the obligations of the FDIC will terminate as to the applicable series of the notes and the holder will have no rights against the FDIC to the guaranteed amount. There is no designated period within which the FDIC is required to make the guarantee payments after it receives the required written demand. As a result, if the FDIC is required to make such payments, they could be paid at a time that is significantly later than the date that the payment is otherwise due under the terms of the notes. The determination by the FDIC on any matter relating to the FDIC claims process will be a final administrative determination, which will be final and binding on all concerned, including the holders of the applicable series of the notes. Holders of the notes will have the right to challenge the FDIC’s determination only by commencing an action in the U.S. District Court for the District of Columbia or the United States District Court for the Western District of North Carolina within 60 days after the FDIC makes its determination. The TLG Program is a new program, and was enacted under final rules that the FDIC adopted on November 21, 2008. To date, no claims have been made or paid under the TLG Program, and the FDIC’s procedures under the program have not yet been fully documented. The rules governing the TLG Program may be amended, and are subject to evolving interpretation by the FDIC after the date of this pricing supplement. As a result, your ability to obtain payment on the notes under the FDIC’s guarantee is subject to rules, interpretations, procedures, and practices of the FDIC that could be changed at any time in the future. Any developments of this kind may be adverse to holders of the notes. Our summary of the FDIC’s guarantee and the risks of purchasing the notes in reliance on that guarantee, as set forth in this pricing supplement, are based solely on the final rules adopted by the FDIC as of the date appearing on the front cover. Purchasers of the notes should refer to the FDIC’s website, xxx.xxxx.xxx/xxxx, for additional information about the TLG Program and related claim procedures.

Supplemental Risk Factors. You should review carefully the information in this pricing supplement and the attached prospectus supplement and prospectus about the notes. For more information regarding risks that may materially affect our business and results, please refer to the information under the caption “Item 1A. Risk Factors,” in our Annual Report on Form 10-K for the year ended December 31, 2007, and the information under the caption “Item 1A. Risk Factors,” in our quarterly Report on Form 10-Q for the quarter ended September 30, 2008, which are incorporated by reference in this pricing supplement. If we fail to make a payment of interest or principal, you will be required to follow the regulations of the TLG Program, which supersede your rights under the senior indenture as described in the prospectus. We intend to appoint have appointed the senior trustee as authorized representative under a supplemental indenture for the notes. The authorized representative will be responsible, upon our failure to make a required payment of interest or principal, to make a demand of the FDIC under the guarantee. In addition, any holder may elect to not be so represented, as provided by the terms of the TLG Program. If a holder makes the decision to represent itself under the applicable regulations, it will be required to provide the proof of claim and other documentation, in form and content satisfactory to the FDIC, necessary to receive payment under the guarantee. If a demand is not made under the TLG Program by the authorized representative within 60 days of our failure to pay interest or principal, the obligations of the FDIC will terminate as to the applicable series of the notes and the holder will have no rights against the FDIC to the guaranteed amount. There is no designated period within which the FDIC is required to make the guarantee payments after it receives the required written demand. As a result, if the FDIC is required to make such payments, they could be paid at a time that is significantly later than the date that the payment is otherwise due under the terms of the notes. The determination by the FDIC on any matter relating to the FDIC claims process will be a final administrative determination, which will be final and binding on all concerned, including the holders of the applicable series of the notes. Holders of the notes will have the right to challenge the FDIC’s determination only by commencing an action in the U.S. District Court for the District of Columbia or the United States District Court for the Western District of North Carolina within 60 days after the FDIC makes its determination. The TLG Program is a new program, and was enacted under final rules that the FDIC adopted on effective November 21, 2008. To date, no claims have been made or paid under the TLG Program, and the FDIC’s procedures under the program have not yet been fully documented. The rules governing the TLG Program may be amended, and are subject to evolving interpretation by the FDIC after the date of this pricing supplement. As a result, your ability to obtain payment on the notes under the FDIC’s guarantee is subject to rules, interpretations, procedures, and practices of the FDIC that could be changed at any time in the future. Any developments of this kind may be adverse to holders of the notes. Our summary of the FDIC’s guarantee and the risks of purchasing the notes in reliance on that guarantee, as set forth in this pricing supplement, are based solely on the final rules adopted by the FDIC as of the date appearing on the front cover. Purchasers of the notes should refer to the FDIC’s website, xxx.xxxx.xxx/xxxx, for additional information about the TLG Program and related claim procedures.

Supplemental Risk Factors. You should review carefully the information in this pricing supplement and the attached prospectus supplement and prospectus about the notes. For more information regarding risks that may materially affect our business and results, please refer to the information under the caption “Item 1A. Risk Factors,” in our Annual Report on Form 10-K for the year ended December 31, 2007, and the information under the caption “Item 1A. Risk Factors,” in our quarterly Report on Form 10-Q for the quarter ended September 30, 2008, which are incorporated by reference in this pricing supplement. If we fail to make a payment of interest or principal, you will be required to follow the regulations of the TLG Programprogram, which supersede your rights under the senior indenture as described in the prospectus. We intend to appoint have appointed the senior trustee as authorized representative under a supplemental indenture for the notes. The authorized representative will be responsible, upon our failure to make a required payment of interest or principal, to make a demand of the FDIC under the guarantee. In addition, any holder may elect to not be so represented, as provided by the terms of the TLG Programprogram. If a holder makes the decision to represent itself under the applicable regulations, it will be required to provide the proof of claim and other documentation, in form and content satisfactory to the FDIC, necessary to receive payment under the guarantee. If a demand is not made under the TLG Program program by the authorized representative within 60 days of our failure to pay interest or principal, the obligations of the FDIC will terminate as to the applicable series of the notes and the holder will have no rights against the FDIC to for the guaranteed amount. There is no designated period within which the FDIC is required to make the guarantee payments after it receives the required written demand. As a result, if the FDIC is required to make such payments, they could be paid at a time that is significantly later than the date that the payment is otherwise due under the terms of the notes. The determination by the FDIC on any matter relating to the FDIC claims process will be a final administrative determination, which will be final and binding on all concerned, including the holders of the applicable series of the notes. Holders of the notes will have the right to challenge the FDIC’s determination only by commencing an action in the U.S. District Court for the District of Columbia or the United States District Court for the Western District of North Carolina within 60 days after the FDIC makes its determination. The TLG Program program is a new program, and was enacted under final rules that the FDIC adopted on effective November 21, 2008. To date, no claims have been made or paid under the TLG Programprogram, and the FDIC’s procedures under the program have not yet been fully documented. The rules governing the TLG Program program may be amended, and are subject to evolving interpretation by the FDIC after the date of this pricing supplement. As a result, your ability to obtain payment on the notes under the FDIC’s guarantee is subject to rules, interpretations, procedures, and practices of the FDIC that could be changed at any time in the future. Any developments of this kind may be adverse to holders of the notes. Our summary of the FDIC’s guarantee and the risks of purchasing the notes in reliance on that guarantee, as set forth in this pricing supplement, are based solely on the final rules adopted by the FDIC as of the date appearing on the front cover. Purchasers of the notes should refer to the FDIC’s website, xxx.xxxx.xxx/xxxxxxx.xxxx.xxx/XXXX, for additional information about the TLG Program program and related claim procedures.

Supplemental Risk Factors. You should review carefully the information in this pricing supplement and the attached prospectus supplement and prospectus about the notes. For more information regarding risks that may materially affect our business and results, please refer to the information under the caption “Item 1A. Risk Factors,” in our Annual Report on Form 10-K for the year ended December 31, 2007, and the information under the caption “Item 1A. Risk Factors,” in our quarterly Report on Form 10-Q for the quarter ended September 30, 2008, which are incorporated by reference in this pricing supplement. If we fail to make a payment of interest or principal, you will be required to follow the regulations of the TLG Program, which supersede your rights under the senior indenture as described in the prospectusprospectus for the notes. We intend to appoint have appointed the senior trustee as authorized representative under a supplemental indenture for the notes. The authorized representative will be responsible, upon our failure to make a required payment of interest or principal, to make a demand of the FDIC under the guarantee. In addition, any holder may elect to not be so represented, as provided by the terms of the TLG Program. If a holder makes the decision to represent itself under the applicable regulations, it will be required to provide the proof of claim and other documentation, in form and content satisfactory to the FDIC, necessary to receive payment under the guarantee. If a demand is not made under the TLG Program by the authorized representative within 60 days of our failure to pay interest or principal, the obligations of the FDIC will terminate as to the applicable series of the notes and the holder will have no rights against the FDIC to the guaranteed amount. There is no designated period within which the FDIC is required to make the guarantee payments after it receives the required written demand. As a result, if the FDIC is required to make such payments, they could be paid at a time that is significantly later than the date that the payment is otherwise due under the terms of the notes. The determination by the FDIC on any matter relating to the FDIC claims process will be a final administrative determination, which will be final and binding on all concerned, including the holders of the applicable series of the notes. Holders of the notes will have the right to challenge the FDIC’s determination only by commencing an action in the U.S. District Court for the District of Columbia or the United States District Court for the Western District of North Carolina within 60 days after the FDIC makes its determination. The TLG Program is a new program, and was enacted under final rules that the FDIC adopted on effective November 21, 2008. To date, no claims have been made or paid under the TLG Program, and the FDIC’s procedures under the program have not yet been fully documented. The rules governing the TLG Program may be amended, and are subject to evolving interpretation by the FDIC after the date of this pricing supplementterm sheet. As a result, your ability to obtain payment on the notes under the FDIC’s guarantee is subject to rules, interpretations, procedures, and practices of the FDIC that could be changed at any time in the future. Any developments of this kind may be adverse to holders of the notes. Our summary of the FDIC’s guarantee and the risks of purchasing the notes in reliance on that guarantee, as set forth in this pricing supplementterm sheet, are based solely on the final rules adopted by the FDIC as of the date appearing on the front coverof this term sheet. Purchasers of the notes should refer to the FDIC’s website, xxx.xxxx.xxx/xxxx, for additional information about the TLG Program and related claim procedures.. Bank of America Corporation (the “Issuer”) has filed a registration statement (including a pricing supplement, a prospectus supplement, and a prospectus) with the SEC for the offering to which this communication relates. Before you invest, you should read those documents and the other documents that the Issuer has filed with the SEC for more complete information about the Issuer and this offering. You may obtain these documents for free by visiting XXXXX on the SEC website at xxx.xxx.xxx. Alternatively, the lead manager will arrange to send you the pricing supplement, the prospectus supplement, and the prospectus if you request them by contacting Banc of America Securities LLC, toll free at 1-800-294-1322. You may also request copies by e-mail from xxxxxxxxxx.xxxxxxxxxxxxxx@xxxxxxxxxxxxx.xxx or xx.xxxxxxxxxx_xxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx. HSBC Securities (USA) Inc. 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 Xxxxxxx Capital Markets, LLC 00 X. XxXxxxx Street Suite 1050 Chicago, IL 60603 Loop Capital Markets, LLC 000 Xxxx Xxxxxxx Xxxx. Suite 1600 Chicago, IL 60606

Supplemental Risk Factors. You should review carefully the information in this pricing supplement and the attached prospectus supplement and prospectus about the FDIC-guaranteed notes. For more information regarding risks that may materially affect our business and results, please refer to the information filed by us with the SEC under the caption “Item 1A. Risk Factors,” in our Annual Report on Form 10-K for the year ended December 31, 2007, and the information under the caption “Item 1A. Risk Factors,” in our quarterly Report on Form 10-Q for the quarter ended September 30, 2008, which are is incorporated by reference in this pricing supplement. If we fail to make a payment of interest or principal, you will be required to follow the regulations of the TLG Programprogram, which supersede your rights under the senior indenture as described in the prospectus. We intend to appoint have appointed the senior trustee as authorized the TLGP representative under a supplemental indenture for the FDIC-guaranteed notes. The authorized TLGP representative will be responsible, upon our failure to make a required payment of interest or principal, to make a demand of the FDIC under the guarantee. In addition, any holder of FDIC-guaranteed notes may elect to not be so represented, as provided by the terms of the TLG Programprogram. If a holder of FDIC-guaranteed notes makes the decision to represent itself under the applicable regulations, it will be required to provide the proof of claim and other documentation, in form and content satisfactory to the FDIC, necessary to receive payment under the guarantee. If a demand is not made under the TLG Program program by the authorized TLGP representative within 60 days of our failure to pay interest or principal, the obligations of the FDIC will terminate as to the applicable series of the FDIC-guaranteed notes and the holder of FDIC-guaranteed notes will have no rights against the FDIC to for the guaranteed amount. There is no designated period within which the FDIC is required to make the guarantee payments after it receives the required written demand. As a result, if the FDIC is required to make such payments, they could be paid at a time that is significantly later than the date that the payment is otherwise due under the terms of the FDIC-guaranteed notes. The determination by the FDIC on any matter relating to the FDIC claims process will be a final administrative determination, which will be final and binding on all concerned, including the holders of the applicable series of the FDIC-guaranteed notes. Holders of the FDIC-guaranteed notes will have the right to challenge the FDIC’s determination only by commencing an action in the U.S. District Court for the District of Columbia or the United States District Court for the Western District of North Carolina within 60 days after the FDIC makes its determination. The TLG Program program is a new program, and was enacted under final rules that the FDIC adopted on effective November 21, 2008. According to the February 10, 2009 Press Release, the TLG program may be extended to guarantee eligible debt issued on or prior to October 31, 2009, subject to the payment of additional premiums and the promulgation of final rules relating to the Financial Stability Plan. To dateour knowledge, no claims have been made or paid under the TLG Programprogram, and the FDIC’s procedures under the TLG program have not yet been fully documented. The rules governing the TLG Program program may be amended, and are subject to evolving interpretation by the FDIC after the date of this pricing supplement. As a result, your ability to obtain payment on the FDIC-guaranteed notes under the FDIC’s guarantee is subject to rules, interpretations, procedures, and practices of the FDIC that could be changed at any time in the future. Any developments of this kind may be adverse to holders of the FDIC-guaranteed notes. Our summary of the FDIC’s guarantee and the risks of purchasing the FDIC-guaranteed notes in reliance on that guarantee, as set forth in this pricing supplement, are based solely on the final rules adopted by the FDIC as of the date appearing on the front cover. Purchasers of the FDIC-guaranteed notes should refer to the FDIC’s website, xxx.xxxx.xxx/xxxx, and the U.S. Treasury website, xxx.xxxxxxxxxxxxxxxxxx.xxx, for additional information about the TLG Program program and related claim procedures.

Supplemental Risk Factors. You should review carefully the information in this pricing supplement and the attached prospectus supplement and prospectus about the notes. For more information regarding risks that may materially affect our business and results, please refer to the information under the caption “Item 1A. Risk Factors,” in our Annual Report on Form 10-K for the year ended December 31, 2007, and the information under the caption “Item 1A. Risk Factors,” in our quarterly Report on Form 10-Q for the quarter ended September 30, 2008, which are incorporated by reference in this pricing supplement. If we fail to make a payment of interest or principal, you will be required to follow the regulations of the TLG Programprogram, which supersede your rights under the senior indenture as described in the prospectusprospectus for the notes. We intend to appoint have appointed the senior trustee as authorized the TLGP representative under a supplemental indenture for the FDIC-guaranteed notes. The authorized representative will be responsible, upon our failure to make a required payment of interest or principal, to make a demand of the FDIC under the guarantee. In addition, any holder of FDIC-guaranteed notes may elect to not be so represented, as provided by the terms of the TLG Programprogram. If a holder of FDIC-guaranteed makes the decision to represent itself under the applicable regulations, it will be required to provide the proof of claim and other documentation, in form and content satisfactory to the FDIC, necessary to receive payment under the guarantee. If a demand is not made under the TLG Program program by the authorized representative within 60 days of our failure to pay interest or principal, the obligations of the FDIC will terminate as to the applicable series of the FDIC-guaranteed notes and the holder of FDIC-guaranteed notes will have no rights against the FDIC to for the guaranteed amount. There is no designated period within which the FDIC is required to make the guarantee payments after it receives the required written demand. As a result, if the FDIC is required to make such payments, they could be paid at a time that is significantly later than the date that the payment is otherwise due under the terms of the FDIC-guaranteed notes. The determination by the FDIC on any matter relating to the FDIC claims process will be a final administrative determination, which will be final and binding on all concerned, including the holders of the applicable series of the FDIC-guaranteed notes. Holders of the FDIC-guaranteed notes will have the right to challenge the FDIC’s determination only by commencing an action in the U.S. District Court for the District of Columbia or the United States District Court for the Western District of North Carolina within 60 days after the FDIC makes its determination. The TLG Program program is a new program, and was enacted under final rules that the FDIC adopted on effective November 21, 2008. According to the February 10, 2009 Press Release, the TLG program may be extended to guarantee eligible debt issued through October 31, 2009, subject to additional premiums and promulgation of final rules relating to the Financial Stability Plan. To dateour knowledge, no claims have been made or paid under the TLG Programprogram, and the FDIC’s procedures under the TLG program have not yet been fully documented. The rules governing the TLG Program program may be amended, and are subject to evolving interpretation by the FDIC after the date of this pricing supplementterm sheet. As a result, your ability to obtain payment on the FDIC-guaranteed notes under the FDIC’s guarantee is subject to rules, interpretations, procedures, and practices of the FDIC that could be changed at any time in the future. Any developments of this kind may be adverse to holders of the FDIC-guaranteed notes. Our summary of the FDIC’s guarantee and the risks of purchasing the FDIC-guaranteed notes in reliance on that guarantee, as set forth in this pricing supplementterm sheet, are based solely on the final rules adopted by the FDIC as of the date appearing on the front coverof this term sheet. Purchasers of the FDIC-guaranteed notes should refer to the FDIC’s website, xxx.xxxx.xxx/xxxx, and the U.S. Treasury website, xxx.xxxxxxxxxxxxxxxxxx.xxx, for additional information about the TLG Program program and related claim procedures. Bank of America Corporation (the “Issuer”) has filed a registration statement (including a pricing supplement, a prospectus supplement, and a prospectus) with the SEC for the offering to which this communication relates. Before you invest, you should read those documents and the other documents that the Issuer has filed with the SEC for more complete information about the Issuer and this offering. You may obtain these documents for free by visiting XXXXX on the SEC website at xxx.xxx.xxx. Alternatively, the lead manager will arrange to send you the pricing supplement, the prospectus supplement, and the prospectus if you request them by contacting Banc of America Securities LLC, toll free at 1-800-294-1322. You may also request copies by e-mail from xxxxxxxxxx.xxxxxxxxxxxxxx@xxxxxxxxxxxxx.xxx or xx.xxxxxxxxxx_xxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx. Issuer: Bank of America Corporation Ratings of this Series of Guaranteed Notes: Aaa (Xxxxx’x)/AAA (S&P)/AAA (Fitch) Title of the Series: Senior Three-Month LIBOR Notes, due June 2012 Aggregate Principal Amount Initially Being Issued (subject to upsizing): $2,500,000,000 Issue Price: 100.00% Trade Date: Xxxxx 0, 0000 Xxxxxxxxxx Date: Xxxxx 00, 0000 (XXX) Maturity Date: June 22, 2012 Ranking: Senior Minimum Denominations: $2,000 and multiples of $1,000 in excess of $2,000. Day Count Fraction: Actual/360 Base Rate: Three-Month LIBOR (Reuters). The interest rate in effect for the first interest period will be based on an interpolated rate between Two-Week LIBOR (Reuters) and One-Month LIBOR (Reuters) plus the Spread. Index Maturity: 90 days Spread: 20 bps Interest Payment Dates: March 22, June 22, September 22, and December 22 of each year, beginning March 22, 2009.

Supplemental Risk Factors. You should review carefully the information in this pricing supplement and the attached prospectus supplement and prospectus about the notes. For more information regarding risks that may materially affect our business and results, please refer to the information under the caption “Item 1A. Risk Factors,” in our Annual Report on Form 10-K for the year ended December 31, 2007, and the information under the caption “Item 1A. Risk Factors,” in our quarterly Report on Form 10-Q for the quarter ended September 30, 2008, which are incorporated by reference in this pricing supplement. If we fail to make a payment of interest or principal, you will be required to follow the regulations of the TLG Program, which supersede your rights under the senior indenture as described in the prospectus. We intend to appoint have appointed the senior trustee as authorized representative under a supplemental indenture for the notes. The authorized representative will be responsible, upon our failure to make a required payment of interest or principal, to make a demand of the FDIC under the guarantee. In addition, any holder may elect to not be so represented, as provided by the terms of the TLG Program. If a holder makes the decision to represent itself under the applicable regulations, it will be required to provide the proof of claim and other documentation, in form and content satisfactory to the FDIC, necessary to receive payment under the guarantee. If a demand is not made under the TLG Program by the authorized representative within 60 days of our failure to pay interest or principal, the obligations of the FDIC will terminate as to the applicable series of the notes and the holder will have no rights against the FDIC to the guaranteed amount. There is no designated period within which the FDIC is required to make the guarantee payments after it receives the required written demand. As a result, if the FDIC is required to make such payments, they could be paid at a time that is significantly later than the date that the payment is otherwise due under the terms of the notes. The determination by the FDIC on any matter relating to the FDIC claims process will be a final administrative determination, which will be final and binding on all concerned, including the holders of the applicable series of the notes. Holders of the notes will have the right to challenge the FDIC’s determination only by commencing an action in the U.S. District Court for the District of Columbia or the United States District Court for the Western District of North Carolina within 60 days after the FDIC makes its determination. The TLG Program is a new program, and was enacted under final rules that the FDIC adopted on effective November 21, 2008. To date, no claims have been made or paid under the TLG Program, and the FDIC’s procedures under the program have not yet been fully documented. The rules governing the TLG Program may be amended, and are subject to evolving interpretation by the FDIC after the date of this pricing supplement. As a result, your ability to obtain payment on the notes under the FDIC’s guarantee is subject to rules, interpretations, procedures, and practices of the FDIC that could be changed at any time in the future. Any developments of this kind may be adverse to holders of the notes. Our summary of the FDIC’s guarantee and the risks of purchasing the notes in reliance on that guarantee, as set forth in this pricing supplement, are based solely on the final rules adopted by the FDIC as of the date appearing on the front cover. Purchasers of the notes should refer to the FDIC’s website, xxx.xxxx.xxx/xxxx, for additional information about the TLG Program and related claim procedures.

Supplemental Risk Factors. You should review carefully the information in this pricing supplement and the attached prospectus supplement and prospectus about the notes. For more information regarding risks that may materially affect our business and results, please refer to the information under the caption “Item 1A. Risk Factors,” in our Annual Report on Form 10-K for the year ended December 31, 2007, and the information under the caption “Item 1A. Risk Factors,” in our quarterly Report on Form 10-Q for the quarter ended September 30, 2008, which are incorporated by reference in this pricing supplement. If we fail to make a payment of interest or principal, you will be required to follow the regulations of the TLG Programprogram, which supersede your rights under the senior indenture as described in the prospectusprospectus for the notes. We intend to appoint have appointed the senior trustee as authorized the TLGP representative under a supplemental indenture for the FDIC-guaranteed notes. The authorized representative will be responsible, upon our failure to make a required payment of interest or principal, to make a demand of the FDIC under the guarantee. In addition, any holder of FDIC-guaranteed notes may elect to not be so represented, as provided by the terms of the TLG Programprogram. If a holder of FDIC-guaranteed makes the decision to represent itself under the applicable regulations, it will be required to provide the proof of claim and other documentation, in form and content satisfactory to the FDIC, necessary to receive payment under the guarantee. If a demand is not made under the TLG Program program by the authorized representative within 60 days of our failure to pay interest or principal, the obligations of the FDIC will terminate as to the applicable series of the FDIC-guaranteed notes and the holder of FDIC-guaranteed notes will have no rights against the FDIC to for the guaranteed amount. There is no designated period within which the FDIC is required to make the guarantee payments after it receives the required written demand. As a result, if the FDIC is required to make such payments, they could be paid at a time that is significantly later than the date that the payment is otherwise due under the terms of the FDIC-guaranteed notes. The determination by the FDIC on any matter relating to the FDIC claims process will be a final administrative determination, which will be final and binding on all concerned, including the holders of the applicable series of the FDIC-guaranteed notes. Holders of the FDIC-guaranteed notes will have the right to challenge the FDIC’s determination only by commencing an action in the U.S. District Court for the District of Columbia or the United States District Court for the Western District of North Carolina within 60 days after the FDIC makes its determination. The TLG Program program is a new program, and was enacted under final rules that the FDIC adopted on effective November 21, 2008. According to the February 10, 2009 Press Release, the TLG program may be extended to guarantee eligible debt issued through October 31, 2009, subject to additional premiums and promulgation of final rules relating to the Financial Stability Plan. To dateour knowledge, no claims have been made or paid under the TLG Programprogram, and the FDIC’s procedures under the TLG program have not yet been fully documented. The rules governing the TLG Program program may be amended, and are subject to evolving interpretation by the FDIC after the date of this pricing supplementterm sheet. As a result, your ability to obtain payment on the FDIC-guaranteed notes under the FDIC’s guarantee is subject to rules, interpretations, procedures, and practices of the FDIC that could be changed at any time in the future. Any developments of this kind may be adverse to holders of the FDIC-guaranteed notes. Our summary of the FDIC’s guarantee and the risks of purchasing the FDIC-guaranteed notes in reliance on that guarantee, as set forth in this pricing supplementterm sheet, are based solely on the final rules adopted by the FDIC as of the date appearing on the front coverof this term sheet. Purchasers of the FDIC-guaranteed notes should refer to the FDIC’s website, xxx.xxxx.xxx/xxxx, and the U.S. Treasury website, xxx.xxxxxxxxxxxxxxxxxx.xxx, for additional information about the TLG Program program and related claim procedures.. Bank of America Corporation (the “Issuer”) has filed a registration statement (including a pricing supplement, a prospectus supplement, and a prospectus) with the SEC for the offering to which this communication relates. Before you invest, you should read those documents and the other documents that the Issuer has filed with the SEC for more complete information about the Issuer and this offering. You may obtain these documents for free by visiting XXXXX on the SEC website at xxx.xxx.xxx. Alternatively, the lead manager will arrange to send you the pricing supplement, the prospectus supplement, and the prospectus if you request them by contacting Banc of America Securities LLC, toll free at 1-800-294-1322. You may also request copies by e-mail from xxxxxxxxxx.xxxxxxxxxxxxxx@xxxxxxxxxxxxx.xxx or xx.xxxxxxxxxx_xxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx. Xxxxxx Xxxxxxx & Co., Inc. 000 Xxxxx Xxxxxx - 00xx Xxxxx Xxx Xxxx, XX 00000 Tel: (000) 000-0000 The Xxxxxxxx Capital Group, L.P. 000 Xxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, XX 00000 Tel: (000) 000-0000

Supplemental Risk Factors. You should review carefully the information in this pricing supplement and the attached prospectus supplement and prospectus about the notes. For more information regarding risks that may materially affect our business and results, please refer to the information under the caption “Item 1A. Risk Factors,” in our Annual Report on Form 10-K for the year ended December 31, 2007, and the information under the caption “Item 1A. Risk Factors,” in our quarterly Report on Form 10-Q for the quarter ended September 30, 2008, which are incorporated by reference in this pricing supplement. If we fail to make a payment of interest or principal, you will be required to follow the regulations of the TLG Program, which supersede your rights under the senior indenture as described in the prospectusprospectus for the notes. We intend to appoint have appointed the senior trustee as authorized representative under a supplemental indenture for the notes. The authorized representative will be responsible, upon our failure to make a required payment of interest or principal, to make a demand of the FDIC under the guarantee. In addition, any holder may elect to not be so represented, as provided by the terms of the TLG Program. If a holder makes the decision to represent itself under the applicable regulations, it will be required to provide the proof of claim and other documentation, in form and content satisfactory to the FDIC, necessary to receive payment under the guarantee. If a demand is not made under the TLG Program by the authorized representative within 60 days of our failure to pay interest or principal, the obligations of the FDIC will terminate as to the applicable series of the notes and the holder will have no rights against the FDIC to the guaranteed amount. There is no designated period within which the FDIC is required to make the guarantee payments after it receives the required written demand. As a result, if the FDIC is required to make such payments, they could be paid at a time that is significantly later than the date that the payment is otherwise due under the terms of the notes. The determination by the FDIC on any matter relating to the FDIC claims process will be a final administrative determination, which will be final and binding on all concerned, including the holders of the applicable series of the notes. Holders of the notes will have the right to challenge the FDIC’s determination only by commencing an action in the U.S. District Court for the District of Columbia or the United States District Court for the Western District of North Carolina within 60 days after the FDIC makes its determination. The TLG Program is a new program, and was enacted under final rules that the FDIC adopted on effective November 21, 2008. To date, no claims have been made or paid under the TLG Program, and the FDIC’s procedures under the program have not yet been fully documented. The rules governing the TLG Program may be amended, and are subject to evolving interpretation by the FDIC after the date of this pricing supplementterm sheet. As a result, your ability to obtain payment on the notes under the FDIC’s guarantee is subject to rules, interpretations, procedures, and practices of the FDIC that could be changed at any time in the future. Any developments of this kind may be adverse to holders of the notes. Our summary of the FDIC’s guarantee and the risks of purchasing the notes in reliance on that guarantee, as set forth in this pricing supplementterm sheet, are based solely on the final rules adopted by the FDIC as of the date appearing on the front coverof this term sheet. Purchasers of the notes should refer to the FDIC’s website, xxx.xxxx.xxx/xxxx, for additional information about the TLG Program and related claim procedures.. Bank of America Corporation (the “Issuer”) has filed a registration statement (including a pricing supplement, a prospectus supplement, and a prospectus) with the SEC for the offering to which this communication relates. Before you invest, you should read those documents and the other documents that the Issuer has filed with the SEC for more complete information about the Issuer and this offering. You may obtain these documents for free by visiting XXXXX on the SEC website at xxx.xxx.xxx. Alternatively, the lead manager will arrange to send you the pricing supplement, the prospectus supplement, and the prospectus if you request them by contacting Banc of America Securities LLC, toll free at 1-800-294-1322. You may also request copies by e-mail from xxxxxxxxxx.xxxxxxxxxxxxxx@xxxxxxxxxxxxx.xxx or xx.xxxxxxxxxx_xxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx. Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated Global Transaction Management 000 Xxxxx Xxxxxx North Tower, 4 World Financial Xxxxxx 00xx Xxxxx Xxx Xxxx, XX 00000 Attention: Xxxxx Xxxxxxxx Santander Investment Securities Inc. 00 Xxxx 00xx Xxxxxx, 00xx Xxxxx Xxx Xxxx, XX 00000 The Xxxxxxxx Capital Group, L.P. 000 Xxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, XX 00000 Tel: (000) 000-0000 Xxxxxx Xxxxxxx & Co., Inc. 000 Xxxxx Xxxxxx, Xxxxx 0000 Xxx Xxxx, XX 00000

Supplemental Risk Factors. You should review carefully the information in this pricing supplement and the attached prospectus supplement and prospectus about the notes. For more information regarding risks that may materially affect our business and results, please refer to the information under the caption “Item 1A. Risk Factors,” in our Annual Report on Form 10-K for the year ended December 31, 2007, and the information under the caption “Item 1A. Risk Factors,” in our quarterly Report on Form 10-Q for the quarter ended September 30, 2008, which are incorporated by reference in this pricing supplement. If we fail to make a payment of interest or principal, you will be required to follow the regulations of the TLG Program, which supersede your rights under the senior indenture as described in the prospectusprospectus for the notes. We intend to appoint have appointed the senior trustee as authorized representative under a supplemental indenture for the notes. The authorized representative will be responsible, upon our failure to make a required payment of interest or principal, to make a demand of the FDIC under the guarantee. In addition, any holder may elect to not be so represented, as provided by the terms of the TLG Program. If a holder makes the decision to represent itself under the applicable regulations, it will be required to provide the proof of claim and other documentation, in form and content satisfactory to the FDIC, necessary to receive payment under the guarantee. If a demand is not made under the TLG Program by the authorized representative within 60 days of our failure to pay interest or principal, the obligations of the FDIC will terminate as to the applicable series of the notes and the holder will have no rights against the FDIC to the guaranteed amount. There is no designated period within which the FDIC is required to make the guarantee payments after it receives the required written demand. As a result, if the FDIC is required to make such payments, they could be paid at a time that is significantly later than the date that the payment is otherwise due under the terms of the notes. The determination by the FDIC on any matter relating to the FDIC claims process will be a final administrative determination, which will be final and binding on all concerned, including the holders of the applicable series of the notes. Holders of the notes will have the right to challenge the FDIC’s determination only by commencing an action in the U.S. District Court for the District of Columbia or the United States District Court for the Western District of North Carolina within 60 days after the FDIC makes its determination. The TLG Program is a new program, and was enacted under final rules that the FDIC adopted on effective November 21, 2008. To date, no claims have been made or paid under the TLG Program, and the FDIC’s procedures under the program have not yet been fully documented. The rules governing the TLG Program may be amended, and are subject to evolving interpretation by the FDIC after the date of this pricing supplementterm sheet. As a result, your ability to obtain payment on the notes under the FDIC’s guarantee is subject to rules, interpretations, procedures, and practices of the FDIC that could be changed at any time in the future. Any developments of this kind may be adverse to holders of the notes. Our summary of the FDIC’s guarantee and the risks of purchasing the notes in reliance on that guarantee, as set forth in this pricing supplementterm sheet, are based solely on the final rules adopted by the FDIC as of the date appearing on the front coverof this term sheet. Purchasers of the notes should refer to the FDIC’s website, xxx.xxxx.xxx/xxxx, for additional information about the TLG Program and related claim procedures. Bank of America Corporation (the “Issuer”) has filed a registration statement (including a pricing supplement, a prospectus supplement, and a prospectus) with the SEC for the offering to which this communication relates. Before you invest, you should read those documents and the other documents that the Issuer has filed with the SEC for more complete information about the Issuer and this offering. You may obtain these documents for free by visiting XXXXX on the SEC website at xxx.xxx.xxx. Alternatively, the lead manager will arrange to send you the pricing supplement, the prospectus supplement, and the prospectus if you request them by contacting Banc of America Securities LLC, toll free at 1-800-294-1322. You may also request copies by e-mail from xxxxxxxxxx.xxxxxxxxxxxxxx@xxxxxxxxxxxxx.xxx or xx.xxxxxxxxxx_xxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx. Issuer: Bank of America Corporation Issuer’s Ratings: Aa2 (Xxxxx’x)/AA- (S&P)/A+ (Fitch) Ratings of this Series of Guaranteed Notes: Aaa (Xxxxx’x)/AAA (S&P)/AAA (Fitch) Title of the Series: Senior One-Month LIBOR Notes, due December 2011 Aggregate Principal Amount Initially Issued on December 4, 2008: $500,000,000 Aggregate Principal Amount to Be Issued in Reopening on December 11, 2008: $1,000,000,000 Total Aggregate Principal Amount, After Giving Effect to the Reopening: $1,500,000,000 Issue Price: 100.146% (plus accrued interest) Trade Date of Reopening: December 8, 2008 Settlement Date of Reopening: December 11, 2008 (DTC) Maturity Date: December 2, 2011 Ranking: Senior Minimum Denominations: $2,000 and multiples of $1,000 in excess of $2,000. Day Count Fraction: Actual/360 Base Rate: One-Month LIBOR (Reuters) Index Maturity: 30 days Spread: 76 bps Initial Interest Rate: 2.65875 Interest Payment Dates: The 2nd day of each calendar month, beginning January 2, 2009. Interest Determination Dates: Second London banking day preceding the applicable reset date. Interest Reset Dates: The 2nd day of each calendar month, beginning January 2, 2009. Interest Periods: Monthly. The initial interest period will be the period from, and including, December 4, 2008 to, but excluding, January 2, 2009, the initial interest payment date. The subsequent interest periods will be the periods from, and including, the applicable interest payment date to, but excluding, the next interest payment date or the Maturity Date.

Supplemental Risk Factors. You should review carefully the information in this pricing supplement and the attached prospectus supplement and prospectus about the notes. For more information regarding risks that may materially affect our business and results, please refer to the information under the caption “Item 1A. Risk Factors,” in our Annual Report on Form 10-K for the year ended December 31, 2007, and the information under the caption “Item 1A. Risk Factors,” in our quarterly Report on Form 10-Q for the quarter ended September 30, 2008, which are incorporated by reference in this pricing supplement. If we fail to make a payment of interest or principal, you will be required to follow the regulations of the TLG Program, which supersede your rights under the senior indenture as described in the prospectusprospectus for the notes. We intend to appoint have appointed the senior trustee as authorized representative under a supplemental indenture for the notes. The authorized representative will be responsible, upon our failure to make a required payment of interest or principal, to make a demand of the FDIC under the guarantee. In addition, any holder may elect to not be so represented, as provided by the terms of the TLG Program. If a holder makes the decision to represent itself under the applicable regulations, it will be required to provide the proof of claim and other documentation, in form and content satisfactory to the FDIC, necessary to receive payment under the guarantee. If a demand is not made under the TLG Program by the authorized representative within 60 days of our failure to pay interest or principal, the obligations of the FDIC will terminate as to the applicable series of the notes and the holder will have no rights against the FDIC to the guaranteed amount. There is no designated period within which the FDIC is required to make the guarantee payments after it receives the required written demand. As a result, if the FDIC is required to make such payments, they could be paid at a time that is significantly later than the date that the payment is otherwise due under the terms of the notes. The determination by the FDIC on any matter relating to the FDIC claims process will be a final administrative determination, which will be final and binding on all concerned, including the holders of the applicable series of the notes. Holders of the notes will have the right to challenge the FDIC’s determination only by commencing an action in the U.S. District Court for the District of Columbia or the United States District Court for the Western District of North Carolina within 60 days after the FDIC makes its determination. The TLG Program is a new program, and was enacted under final rules that the FDIC adopted on effective November 21, 2008. To date, no claims have been made or paid under the TLG Program, and the FDIC’s procedures under the program have not yet been fully documented. The rules governing the TLG Program may be amended, and are subject to evolving interpretation by the FDIC after the date of this pricing supplementterm sheet. As a result, your ability to obtain payment on the notes under the FDIC’s guarantee is subject to rules, interpretations, procedures, and practices of the FDIC that could be changed at any time in the future. Any developments of this kind may be adverse to holders of the notes. Our summary of the FDIC’s guarantee and the risks of purchasing the notes in reliance on that guarantee, as set forth in this pricing supplementterm sheet, are based solely on the final rules adopted by the FDIC as of the date appearing on the front coverof this term sheet. Purchasers of the notes should refer to the FDIC’s website, xxx.xxxx.xxx/xxxx, for additional information about the TLG Program and related claim procedures. Bank of America Corporation (the “Issuer”) has filed a registration statement (including a pricing supplement, a prospectus supplement, and a prospectus) with the SEC for the offering to which this communication relates. Before you invest, you should read those documents and the other documents that the Issuer has filed with the SEC for more complete information about the Issuer and this offering. You may obtain these documents for free by visiting XXXXX on the SEC website at xxx.xxx.xxx. Alternatively, the lead manager will arrange to send you the pricing supplement, the prospectus supplement, and the prospectus if you request them by contacting Banc of America Securities LLC, toll free at 1-800-294-1322. You may also request copies by e-mail from xxxxxxxxxx.xxxxxxxxxxxxxx@xxxxxxxxxxxxx.xxx or xx.xxxxxxxxxx_xxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx. Issuer: Bank of America Corporation Ratings of this Series of Guaranteed Notes: Aaa (Xxxxx’x)/AAA (S&P)/AAA (Fitch) Title of the Series: Senior One-Month LIBOR Notes, due June 2012 Aggregate Principal Amount Initially Being Issued: $250,000,000 Issue Price: 100.000% Trade Date: December 19, 2008 Settlement Date: December 23, 2008 (DTC) Maturity Date: June 22, 2012 Ranking: Senior Minimum Denominations: $2,000 and multiples of $1,000 in excess of $2,000. Day Count Fraction: Actual/360 Base Rate: One-Month LIBOR (Reuters) Index Maturity: 30 days Spread: 48 bps Interest Payment Dates: The 22nd day of each calendar month, beginning January 22, 2009. Interest Determination Dates: Second London banking day preceding the applicable reset date. Interest Reset Dates: The 22nd day of each calendar month, beginning January 22, 2009. Interest Periods: Monthly. The initial interest period will be the period from, and including, the Settlement Date to, but excluding, January 22, 2009, the initial interest payment date. The subsequent interest periods will be the periods from, and including, the applicable interest payment date to, but excluding, the next interest payment date or the Maturity Date. Guarantee: This debt is guaranteed under the Federal Deposit Insurance Corporation’s Temporary Liquidity Guarantee Program and is backed by the full faith and credit of the United States. The details of the FDIC guarantee are provided in the FDIC’s regulations, 12 CFR Part 370, and at the FDIC’s website, xxx.xxxx.xxx/xxxx. The expiration date of the FDIC’s guarantee is the earlier of the maturity date of the debt or June 30, 2012. Additional details relating to the guarantee are also set forth below. Optional Redemption: None Listing: None Lead Manager and Sole Book-Runner: Banc of America Securities LLC Joint Lead Manager: Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated Co-Manager: Santander Investment Securities Inc. Junior Co-Managers: Xxxxxx Xxxxxxx & Co., Inc. The Xxxxxxxx Capital Group, L.P. CUSIP: 00000XXX0 ISIN: US06050BAF85 This section provides summary information regarding the guarantee of the notes by the Federal Deposit Insurance Corporation (the “FDIC”). The details of the FDIC’s guarantee are provided in the FDIC’s regulations, 12 CFR Part 370, and at the FDIC’s website, xxx.xxxx.xxx/xxxx. The regulations governing the guarantee and the terms and conditions of the guarantee are subject to change. These regulations, terms and conditions are subject to the interpretation of the FDIC, which also may change. The following information is based on the final regulations adopted effective November 21, 2008. The internet address provided for the FDIC’s website is included as an inactive textual reference only. The information on the FDIC’s website shall not be deemed to be incorporated by reference in this term sheet.

Supplemental Risk Factors. You should review carefully the information in this pricing supplement and the attached prospectus supplement and prospectus about the notes. For more information regarding risks that may materially affect our business and results, please refer to the information under the caption “Item 1A. Risk Factors,” in our Annual Report on Form 10-K for the year ended December 31, 2007, and the information under the caption “Item 1A. Risk Factors,” in our quarterly Report on Form 10-Q for the quarter ended September 30, 2008, which are incorporated by reference in this pricing supplement. If we fail to make a payment of interest or principal, you will be required to follow the regulations of the TLG Programprogram, which supersede your rights under the senior indenture as described in the prospectusprospectus for the notes. We intend to appoint have appointed the senior trustee as authorized representative under a supplemental indenture for the notes. The authorized representative will be responsible, upon our failure to make a required payment of interest or principal, to make a demand of the FDIC under the guarantee. In addition, any holder may elect to not be so represented, as provided by the terms of the TLG Programprogram. If a holder makes the decision to represent itself under the applicable regulations, it will be required to provide the proof of claim and other documentation, in form and content satisfactory to the FDIC, necessary to receive payment under the guarantee. If a demand is not made under the TLG Program program by the authorized representative within 60 days of our failure to pay interest or principal, the obligations of the FDIC will terminate as to the applicable series of the notes and the holder will have no rights against the FDIC to for the guaranteed amount. There is no designated period within which the FDIC is required to make the guarantee payments after it receives the required written demand. As a result, if the FDIC is required to make such payments, they could be paid at a time that is significantly later than the date that the payment is otherwise due under the terms of the notes. The determination by the FDIC on any matter relating to the FDIC claims process will be a final administrative determination, which will be final and binding on all concerned, including the holders of the applicable series of the notes. Holders of the notes will have the right to challenge the FDIC’s determination only by commencing an action in the U.S. District Court for the District of Columbia or the United States District Court for the Western District of North Carolina within 60 days after the FDIC makes its determination. The TLG Program program is a new program, and was enacted under final rules that the FDIC adopted on effective November 21, 2008. To date, no claims have been made or paid under the TLG Programprogram, and the FDIC’s procedures under the program have not yet been fully documented. The rules governing the TLG Program program may be amended, and are subject to evolving interpretation by the FDIC after the date of this pricing supplementterm sheet. As a result, your ability to obtain payment on the notes under the FDIC’s guarantee is subject to rules, interpretations, procedures, and practices of the FDIC that could be changed at any time in the future. Any developments of this kind may be adverse to holders of the notes. Our summary of the FDIC’s guarantee and the risks of purchasing the notes in reliance on that guarantee, as set forth in this pricing supplementterm sheet, are based solely on the final rules adopted by the FDIC as of the date appearing on the front coverof this term sheet. Purchasers of the notes should refer to the FDIC’s website, xxx.xxxx.xxx/xxxxxxx.xxxx.xxx/xxxxxxxxxxx/xxxxxxxxx/XXXX/xxxxx.xxxx, for additional information about the TLG Program program and related claim procedures.. Bank of America Corporation (the “Issuer”) has filed a registration statement (including a pricing supplement, a prospectus supplement, and a prospectus) with the SEC for the offering to which this communication relates. Before you invest, you should read those documents and the other documents that the Issuer has filed with the SEC for more complete information about the Issuer and this offering. You may obtain these documents for free by visiting XXXXX on the SEC website at xxx.xxx.xxx. Alternatively, the lead manager will arrange to send you the pricing supplement, the prospectus supplement, and the prospectus if you request them by contacting Banc of America Securities LLC, toll free at 1-800-294-1322. You may also request copies by e-mail from xxxxxxxxxx.xxxxxxxxxxxxxx@xxxxxxxxxxxxx.xxx or xx.xxxxxxxxxx_xxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx. HSBC Securities (USA) Inc. 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 X.X. Xxxxxx Securities Inc. 000 Xxxx Xxxxxx Xxx Xxxx, XX 00000 Attention: Medium Term Note Desk – 8th floor Fax: 000.000.0000 Xxxxxx Xxxxxx & Company, Inc. 00 Xxxxx Xxxxx Xxxxxx 00xx Xxxxx Xxxxxxx, XX 00000 SunTrust Xxxxxxxx Xxxxxxxx, Inc. 000 Xxxxxxxxx Xxxxxx, 00xx Xxxxx Mail Code: GA-ATLANTA-3947 Xxxxxxx, XX 00000 Attention: Xxxxxxxxxxx Xxxxxxxxx Telephone: 000.000.0000 Facsimile: 404.588.7005 U.S. Bancorp Investments, Inc. 000 Xxxxx XxXxxxx Xxxxxx 0xx Xxxxx Xxxxxxx, XX 00000 Xxxxx Fargo Brokerage Services, LLC MAC N9303-101 000 0xx Xxx. Xxxxx 00xx Xxxxx Xxxxxxxxxxx, XX 00000 Xxxxxxx Capital Markets, LLC 00 X. XxXxxxx Street Suite 1050 Chicago, IL 60603 Xxxxxxx Securities, LLC 000 Xxxxxx Xxxxxx Xxxxxxx, Xxxxxxx 00000 Telephone: (000) 000-0000 Attn: Xxxxxxx Xxxxxxxx, SVP – Chief Compliance Officer Loop Capital Markets, LLC 000 Xxxx Xxxxxxx Xxxx. Suite 1600 Chicago, IL 60606 Xxxxxx X. Xxxxxxx & Company, Inc. 00 Xxxxxxxx Xxx Xxxx, XX 00000 Attention: Xxxxx Xxxxxxx

Supplemental Risk Factors. You should review carefully the information in this pricing supplement and the attached prospectus supplement and prospectus about the notes. For more information regarding risks that may materially affect our business and results, please refer to the information under the caption “Item 1A. Risk Factors,” in our Annual Report on Form 10-K for the year ended December 31, 2007, and the information under the caption “Item 1A. Risk Factors,” in our quarterly Report on Form 10-Q for the quarter ended September 30, 2008, which are incorporated by reference in this pricing supplement. If we fail to make a payment of interest or principal, you will be required to follow the regulations of the TLG Programprogram, which supersede your rights under the senior indenture as described in the prospectusprospectus for the notes. We intend to appoint have appointed the senior trustee as authorized representative under a supplemental indenture for the notes. The authorized representative will be responsible, upon our failure to make a required payment of interest or principal, to make a demand of the FDIC under the guarantee. In addition, any holder may elect to not be so represented, as provided by the terms of the TLG Programprogram. If a holder makes the decision to represent itself under the applicable regulations, it will be required to provide the proof of claim and other documentation, in form and content satisfactory to the FDIC, necessary to receive payment under the guarantee. If a demand is not made under the TLG Program program by the authorized representative within 60 days of our failure to pay interest or principal, the obligations of the FDIC will terminate as to the applicable series of the notes and the holder will have no rights against the FDIC to for the guaranteed amount. There is no designated period within which the FDIC is required to make the guarantee payments after it receives the required written demand. As a result, if the FDIC is required to make such payments, they could be paid at a time that is significantly later than the date that the payment is otherwise due under the terms of the notes. The determination by the FDIC on any matter relating to the FDIC claims process will be a final administrative determination, which will be final and binding on all concerned, including the holders of the applicable series of the notes. Holders of the notes will have the right to challenge the FDIC’s determination only by commencing an action in the U.S. District Court for the District of Columbia or the United States District Court for the Western District of North Carolina within 60 days after the FDIC makes its determination. The TLG Program program is a new program, and was enacted under final rules that the FDIC adopted on effective November 21, 2008. To date, no claims have been made or paid under the TLG Programprogram, and the FDIC’s procedures under the program have not yet been fully documented. The rules governing the TLG Program program may be amended, and are subject to evolving interpretation by the FDIC after the date of this pricing supplementterm sheet. As a result, your ability to obtain payment on the notes under the FDIC’s guarantee is subject to rules, interpretations, procedures, and practices of the FDIC that could be changed at any time in the future. Any developments of this kind may be adverse to holders of the notes. Our summary of the FDIC’s guarantee and the risks of purchasing the notes in reliance on that guarantee, as set forth in this pricing supplementterm sheet, are based solely on the final rules adopted by the FDIC as of the date appearing on the front coverof this term sheet. Purchasers of the notes should refer to the FDIC’s website, xxx.xxxx.xxx/xxxxxxx.xxxx.xxx/xxxxxxxxxxx/xxxxxxxxx/XXXX/xxxxx.xxxx, for additional information about the TLG Program program and related claim procedures. Bank of America Corporation (the “Issuer”) has filed a registration statement (including a pricing supplement, a prospectus supplement, and a prospectus) with the SEC for the offering to which this communication relates. Before you invest, you should read those documents and the other documents that the Issuer has filed with the SEC for more complete information about the Issuer and this offering. You may obtain these documents for free by visiting XXXXX on the SEC website at xxx.xxx.xxx. Alternatively, the lead manager will arrange to send you the pricing supplement, the prospectus supplement, and the prospectus if you request them by contacting Banc of America Securities LLC, toll free at 1-800-294-1322. You may also request copies by e-mail from xxxxxxxxxx.xxxxxxxxxxxxxx@xxxxxxxxxxxxx.xxx or xx.xxxxxxxxxx_xxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx. Issuer: Bank of America Corporation Ratings of this Series of Guaranteed Notes: Aaa (Xxxxx’x)/AAA (S&P)/AAA (Fitch) Title of the Series: Senior Three-Month LIBOR Notes, due April 2012 Aggregate Principal Amount Initially Being Issued (subject to upsizing): $2,000,000,000 Issue Price: 100.00% Trade Date: January 27, 2009 Settlement Date: January 30, 2009 (DTC) Maturity Date: April 30, 2012 Ranking: Senior Minimum Denominations: $2,000 and multiples of $1,000 in excess of $2,000. Day Count Fraction: Actual/360 Base Rate: Three-Month LIBOR (Reuters) Index Maturity: 90 days Spread: 30 bps Interest Payment Dates: January 30, April 30, July 30, and October 30 of each year, beginning April 30, 2009. Interest Determination Dates: Second London banking day preceding the applicable reset date. Interest Reset Dates: January 30, April 30, July 30, and October 30 of each year, beginning April 30, 2009.

Supplemental Risk Factors. You should review carefully the information in this pricing supplement and the attached prospectus supplement and prospectus about the notes. For more information regarding risks that may materially affect our business and results, please refer to the information under the caption “Item 1A. Risk Factors,” in our Annual Report on Form 10-K for the year ended December 31, 2007, and the information under the caption “Item 1A. Risk Factors,” in our quarterly Report on Form 10-Q for the quarter ended September 30, 2008, which are incorporated by reference in this pricing supplement. If we fail to make a payment of interest or principal, you will be required to follow the regulations of the TLG Programprogram, which supersede your rights under the senior indenture as described in the prospectusprospectus for the notes. We intend to appoint have appointed the senior trustee as authorized representative under a supplemental indenture for the notes. The authorized representative will be responsible, upon our failure to make a required payment of interest or principal, to make a demand of the FDIC under the guarantee. In addition, any holder may elect to not be so represented, as provided by the terms of the TLG Programprogram. If a holder makes the decision to represent itself under the applicable regulations, it will be required to provide the proof of claim and other documentation, in form and content satisfactory to the FDIC, necessary to receive payment under the guarantee. If a demand is not made under the TLG Program program by the authorized representative within 60 days of our failure to pay interest or principal, the obligations of the FDIC will terminate as to the applicable series of the notes and the holder will have no rights against the FDIC to for the guaranteed amount. There is no designated period within which the FDIC is required to make the guarantee payments after it receives the required written demand. As a result, if the FDIC is required to make such payments, they could be paid at a time that is significantly later than the date that the payment is otherwise due under the terms of the notes. The determination by the FDIC on any matter relating to the FDIC claims process will be a final administrative determination, which will be final and binding on all concerned, including the holders of the applicable series of the notes. Holders of the notes will have the right to challenge the FDIC’s determination only by commencing an action in the U.S. District Court for the District of Columbia or the United States District Court for the Western District of North Carolina within 60 days after the FDIC makes its determination. The TLG Program program is a new program, and was enacted under final rules that the FDIC adopted on effective November 21, 2008. To date, no claims have been made or paid under the TLG Programprogram, and the FDIC’s procedures under the program have not yet been fully documented. The rules governing the TLG Program program may be amended, and are subject to evolving interpretation by the FDIC after the date of this pricing supplementterm sheet. As a result, your ability to obtain payment on the notes under the FDIC’s guarantee is subject to rules, interpretations, procedures, and practices of the FDIC that could be changed at any time in the future. Any developments of this kind may be adverse to holders of the notes. Our summary of the FDIC’s guarantee and the risks of purchasing the notes in reliance on that guarantee, as set forth in this pricing supplementterm sheet, are based solely on the final rules adopted by the FDIC as of the date appearing on the front coverof this term sheet. Purchasers of the notes should refer to the FDIC’s website, xxx.xxxx.xxx/xxxxxxx.xxxx.xxx/xxxxxxxxxxx/xxxxxxxxx/XXXX/xxxxx.xxxx, for additional information about the TLG Program program and related claim procedures. Bank of America Corporation (the “Issuer”) has filed a registration statement (including a pricing supplement, a prospectus supplement, and a prospectus) with the SEC for the offering to which this communication relates. Before you invest, you should read those documents and the other documents that the Issuer has filed with the SEC for more complete information about the Issuer and this offering. You may obtain these documents for free by visiting XXXXX on the SEC website at xxx.xxx.xxx. Alternatively, the lead manager will arrange to send you the pricing supplement, the prospectus supplement, and the prospectus if you request them by contacting Banc of America Securities LLC, toll free at 1-800-294-1322. You may also request copies by e-mail from xxxxxxxxxx.xxxxxxxxxxxxxx@xxxxxxxxxxxxx.xxx or xx.xxxxxxxxxx_xxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx. Issuer: Bank of America Corporation Ratings of this Series of Guaranteed Notes: Aaa (Xxxxx’x)/AAA (S&P)/AAA (Fitch) Title of the Series: Senior Three-Month LIBOR Notes, due April 2012 Aggregate Principal Amount Initially Being Issued: $2,350,000,000 Issue Price: 100.00% Trade Date: $2,000,000,000 in aggregate principal amount traded on January 27, 2009, and $350,000,000 in aggregate principal amount traded on January 28, 2009 Settlement Date for All of the Notes: January 30, 2009 (DTC) Maturity Date: April 30, 2012 Ranking: Senior Minimum Denominations: $2,000 and multiples of $1,000 in excess of $2,000. Day Count Fraction: Actual/360 Base Rate: Three-Month LIBOR (Reuters) Index Maturity: 90 days Spread: 30 bps Interest Payment Dates: January 30, April 30, July 30, and October 30 of each year, beginning April 30, 2009. Interest Determination Dates: Second London banking day preceding the applicable reset date. Interest Reset Dates: January 30, April 30, July 30, and October 30 of each year, beginning April 30, 2009.