SIFI (to be determined) Capital Conservation Buffer (2.5%) Regulatory Minimum (4.5%) Transition provisions under the proposed U.S. Basel 3 rules require a 3.5% minimum Tier 1 common capital ratio in 2013, increasing 50bps annually to 4.5% in 2015 A Capital Conservation Buffer of 62.5bps is introduced in 2016, increasing 62.5bps annually through 2019. By 2019, the effective minimum Tier 1 common capital ratio will be 7.0% Systemically Important Financial Institutions are required to hold additional capital. International and U.S. regulators have not yet provided guidance on how the SIFI buffer will be determined Basel 3 Update ____________________ 1 For important presentation information, see slide 3 of Exhibit 99.4. • BAC’s estimated Tier 1 common capital ratio (Basel 3) at 6/30/12 is 8.10% on a fully phased-in basis 1 – Tier 1 common capital estimated at $126.8B – Risk-weighted assets are estimated to be $1.566T – 8.10% assumes final U.S. Market Risk rules and BIS Basel 3 guidelines

Funding and Liquidity • Long-term debt down $53B while overall Global Excess Liquidity Sources declined only $28B – Long-term debt 2Q12 activity  $34B parent company maturities including $24B related to the Temporary Liquidity Guarantee Program All TLGP debt has been repaid  $5.5B liability management actions primarily consist of parent redemptions of TRUPs and subordinated debt Generated gains of $505MM Net interest income savings of $100MM in 2012 and $180MM in 2013  Approximately $14B other net reductions, primarily bank maturities – Global Excess Liquidity Sources activity  Parent company liquidity remains strong at $111B  Time to required funding at 37 months; highest in company history Global Excess Liquidity Sources ($B) and Time to Required Funding (months) 1, 2 1 Global Excess Liquidity Sources include cash and high-quality, liquid, unencumbered securities, limited to U.S. government securities, U.S. agency securities, U.S. agency MBS, and a select group of non- U.S. government and supranational securities, and are readily available to meet funding requirements as they arise. It does not include Federal Reserve Discount Window or Federal Home Loan Bank borrowing capacity. Transfers of liquidity from the bank or broker/dealer subsidiaries are subject to certain regulatory restrictions. 2 Time to required funding is a debt coverage measure and is expressed as the number of months unsecured holding company obligations of both Bank of America Corporation and Merrill Lynch & Co., Inc. can be met using only its Global Excess Liquidity Sources without issuing debt or sourcing additional liquidity. For 2Q11 through 2Q12, we have included in the amount of unsecured contractual obligations the $8.6B liability, including estimated costs, for the previously announced BNY Mellon settlement. We have also included the previously announced subordinated debt and trust preferred calls of $4.6B that are to settle in July 2012. 3 Parent company maturities include obligations of both Bank of America Corporation and Merrill Lynch & Co., Inc. $402 $363 $378 $406 $378 22 27 29 31 37 20 25 30 35 40 45 $0 $100 $200 $300 $400 $500 2Q11 3Q11 4Q11 1Q12 2Q12 Parent company Bank subsidiaries Broker/dealers Time to Required Funding Long-term Debt ($B) $427 $399 $372 $355 $302 $0 $100 $200 $300 $400 $500 2Q11 3Q11 4Q11 1Q12 2Q12

Legacy Assets & Servicing (within CRES) 1 ____________________ 1 Effective January 1, 2012, servicing activities previously recorded in Home Loans were moved to Legacy Assets & Servicing, and results of MSR activities, including net hedge results, and goodwill were moved from Other to Legacy Assets & Servicing. 2 Excludes litigation expense of $131MM, $290MM and $1.9B in 2Q12, 1Q12 and 2Q11, respectively. • 60+ days delinquent loans serviced declined to 1,062K – 15K servicing transfers scheduled for 2Q12 were delayed until 3Q12 – Pace of decline slowed in 2Q12 due to Department of Justice settlement mandated foreclosure holds • Legacy Assets & Servicing noninterest expense of $2.6B, excluding litigation expense, decreased compared to 1Q12 due to lower mortgage-related assessments, waivers and other similar costs associated with foreclosure delays, partially offset by higher default-related personnel expense. Noninterest expense in 2Q11 included $2.6B of goodwill impairment. • Staffing levels showed signs of stabilization during 2Q 1Q12 2Q11 First-lien servicing (# of loans in thousands) 8,434 (422) (1,886) 60+ days delinquent first mortgages in servicing portfolio (# of loans in thousands) 1,062 (27) (214) Noninterest expense ($B) $2.8 ($0.3) ($4.6) Noninterest expense, excluding litigation expense ($B) 2 $2.6 ($0.1) ($2.8) Full-time equivalent employees (in thousands) 42.2 0.3 7.0 Inc / (Dec) 2Q12 Legacy Assets & Servicing Highlights

Representations and Warranties 1 • FNMA’s repurchase requests, standards for rescission of repurchase requests and resolution processes continue to be inconsistent with their own past conduct and our interpretation of our contractual obligations. These developments have resulted in an increase in claims outstanding from the GSEs. (We remain in disagreement with FNMA over claims submitted.) – At June 30, 2012, $7.9B of the outstanding claims submitted by GSEs relate to loans on which the borrowers have made at least 25 payments compared to $3.7B at December 31, 2011 – Due to the significant uncertainty related to our continued differences with the GSEs concerning each party's interpretation of the requirements of the governing contracts, it is not possible to reasonably estimate the outcome or range of possible loss may be. Refer to pages 46 and 47 of Bank of America’s March 31, 2012 10Q on file with SEC for additional disclosures. • Increases in private-label new claims are primarily related to repurchase requests received from trustees on private- label securitization transactions not included in the BNY Mellon settlement, including claims related to third-party sponsored securitizations that include monoline insurance – Estimated range of possible loss related to non-GSE representations and warranties exposure of up to $5B over existing accruals at June 30, 2012 2Q11 3Q11 4Q11 1Q12 2Q12 GSEs $5,081 $4,721 $6,258 $8,103 $10,974 Private 1,782 2,229 3,267 4,855 8,603 Monolines 3,052 3,058 3,082 3,136 3,128 Total $9,915 $10,008 $12,607 $16,094 $22,705 Outstanding Claims by Counterparty ($MM) Liability for Representations and Warranties ($MM) 2Q11 3Q11 4Q11 1Q12 2Q12 Beginning Balance $6,220 $17,780 $16,271 $15,858 $15,746 Additions for new sales 3 3 7 5 7 Provision 14,037 278 263 282 395 Charge-offs (2,480) (1,790) (683) (399) (205) Ending Balance $17,780 $16,271 $15,858 $15,746 $15,943 ____________________ 1 In addition to the claims in these tables, we have received repurchase demands from private-label securitization investors and a master servicer where we believe the claimant has not satisfied the contractual thresholds to direct the securitization trustee to take action and/or that these demands are otherwise procedurally or substantively invalid. The amounts outstanding of total demands were $3.1B as of both June 30, 2012 and March 31, 2012 and $1.7B as of December 31, 2011, September 30, 2011, and June 30, 2011. $1.7B of these demands relate to loans underlying securitizations included in the settlement with BNY Mellon, as trustee. A claimant has filed litigation against us relating to $1.4B of such demands. If the BNY Mellon settlement is approved by the court, demands related to loans underlying securitizations included in the settlement with BNY Mellon, as trustee will be resolved by the settlement.

• Does not include litigation reserves established • Estimated Range of Possible Loss (RPL) above accruals up to $5B for non-GSE exposures at June 30, 2012 • Exposures identified above relate to repurchase claims associated with purported representations and warranties breaches in RMBS transactions. They do not include any exposures associated with related litigation matters, nor do they include any separate foreclosure costs and related costs and assessments, or any possible losses related to potential claims for breaches of performance of servicing obligations, potential securities law or fraud claims, potential indemnity or other claims against us, including claims related to loans guaranteed by the FHA, which could be material ____________________ 1 Level of reserves established and RPL are subject to adjustments in future periods based on a number of factors including ultimate resolution of the BNY Mellon settlement, changes in estimated repurchase rates, economic conditions, home prices, and consumer and counterparty behavior, and a variety of judgmental factors. 2 Refer to pages 46 and 47 of Bank of America’s March 31, 2012 10Q on file with SEC for additional disclosures. Representations and Warranties Exposure Status as of June 30, 2012 ($B) Representations and Warranties Exposure (2004-2008 vintages) Counterparty Original Balance Outstanding Balance Have Paid Reserves Established 1 Commentary 1 GSE - FHLMC (CFC) $196 $79 FHLMC Agreement 2 GSE All Other 922 320 Reserves established 2 Second-lien monoline 81 13 Agreement with Assured and part of RPL Subsequent to 6/30/12, agreement signed with Syncora Whole loans sold 55 14 Reserves established Private l bel (CFC issued) 409 143 BNY Mellon settlement pending court approval Private label (non CFC bank issued) 242 59 Reserves established; Included in non-GSE RPL Private label (3rd party issued) 176 60 Reserves established; Included in non-GSE RPL $2,081 $688 $13.6 $15.9 (2004-2008) Originations

Representations and Warranties New Claim Trends 1 $ in millions 2Q11 3Q11 4Q11 1Q12 2Q12 Mix 2 Pre 2005 $214 $95 $77 $86 $117 2% 2005 441 668 751 516 619 12% 2006 780 925 1,400 2,302 3,768 38% 2007 1,784 1,493 2,168 1,382 2,752 36% 2008 398 451 331 264 412 7% Post 2008 162 164 126 193 545 5% New Claims $3,779 $3,796 $4,853 $4,743 $8,213 % GSEs 89% 86% 68% 63% 53% Rescinded claims $3,822 $1,499 $1,211 $773 $876 Approved repurchases 2,028 2,255 1,170 480 704 Outstanding claims 9,915 10,009 12,607 16,094 22,705 ____________________ 1 In addition to the claims in these tables, we have received repurchase demands from private-label securitization investors and a master servicer where we believe the claimant has not satisfied the contractual thresholds to direct the securitization trustee to take action and/or that these demands are otherwise procedurally or substantively invalid. The amounts outstanding of total demands were $3.1B as of both June 30, 2012 and March 31, 2012 and $1.7B as of December 31, 2011, September 30, 2011, and June 30, 2011. $1.7B of these demands relate to loans underlying securitizations included in the settlement with BNY Mellon, as trustee. A claimant has filed litigation against us relating to $1.4B of such demands. If the BNY Mellon settlement is approved by the court, demands related to loans underlying securitizations included in the settlement with BNY Mellon, as trustee will be resolved by the settlement. 2 Mix for new claims trend is calculated based on last four quarters.