X0203 3 2009-01-28 0 0000070858 BANK OF AMERICA CORP /DE/ BAC 0001237642 ROSSOTTI CHARLES O 101 SOUTH TRYON NC1-002-29-01 NC 28255 1 Common Stock 3867 D Stock Unit Plan 0 Common Stock 6206 D Received in exchange for Merrill Lynch & Co., Inc. (Merrill) stock units at an exchange ratio of .8595 of a Bank of America stock unit for each Merrill stock unit held prior to the merger on January 1, 2009. These stock units are payable in cash at the end of the deferral period as provided for in the Fee Deferral Plan. The closing price of Merrill stock on the last day prior to the effective time of the merger was $11.64 per share. These stock units are payable in cash at the end of the deferral period as provided for in the Fee Deferral Plan. Charles O. Rossotti/Roger C. McClary POA 2009-02-02