0001193125-10-041666 Sample Contracts

CONFIDENTIAL September 26, 1996 Mr. Gregory L. Curl Vice Chairman Boatmen’s Bancshares, Inc. One Boatmen’s Plaza
Bank of America Corp /De/ • February 26th, 2010 • National commercial banks
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Boatmen’s Bancshares, Inc. Employment Agreement For Gregory L. Curl
Employment Agreement • February 26th, 2010 • Bank of America Corp /De/ • National commercial banks • Missouri

This EMPLOYMENT AGREEMENT is made, entered into, and is effective, pursuant to Compensation Committee approval and ratification by the Board of Directors, as of January 30, 1996 (the “Effective Date”), by and between Boatmen’s Bancshares, Inc., a Missouri corporation, (the “Company”), and Gregory L. Curl (the “Executive”).

Employee Stock Compensation Plan Award Agreement
Restricted Units Award Agreement • February 26th, 2010 • Bank of America Corp /De/ • National commercial banks

This document contains your Award Agreement and Grant Certificate under the Merrill Lynch & Co., Inc. Employee Stock Compensation Plan.

UNITED STATES DEPARTMENT OF THE TREASURY
Bank of America Corp /De/ • February 26th, 2010 • National commercial banks

Reference is made to that certain Securities Purchase Agreement (the “Securities Purchase Agreement”), dated as of the date set forth on Schedule A hereto, between the United States Department of the Treasury (the “Investor”) and the company set forth on Schedule A hereto (the “Company”). Capitalized terms used but not defined herein shall have the meanings assigned to them in the Securities Purchase Agreement. Pursuant to the Securities Purchase Agreement, at the Closing, the Company issued to the Investor the number of shares of the series of its preferred stock set forth on Schedule A hereto (the “Preferred Shares”) and a warrant to purchase the number of shares of its common stock set forth on Schedule A hereto (the “Warrant”).

May 7, 2001 Gregory Curl NCI-007-57-06 Charlotte, NC Dear Greg,
Bank of America Corp /De/ • February 26th, 2010 • National commercial banks

This letter confirms our commitment to you concerning your Supplemental Executive Retirement Plan and Employment Agreement dated January 30, 1996. You are currently a participant in the Bank of America Supplemental Executive Retirement Plan (SERP). Attached is an illustration showing your benefit under this plan. Under the terms of this plan you are vested in the retirement benefit when you reach age 55 with 15 years of service.

Bank of America Corporation Key Associate Stock Plan Award Agreement
Restricted Stock Units Award Agreement • February 26th, 2010 • Bank of America Corp /De/ • National commercial banks

This document contains your Award Agreement under the Bank of America Corporation 2003 Key Associate Stock Plan. A Beneficiary Designation form is also included if you wish to designate a beneficiary or if you wish to change your current beneficiary designation.

Contract
Award Agreement • February 26th, 2010 • Bank of America Corp /De/ • National commercial banks

This document contains your 2009 Stock Unit Award Agreement. A Beneficiary Designation Form is also included if you wish to designate a beneficiary for your 2009 Stock Unit Award.

UNITED STATES DEPARTMENT OF THE TREASURY
Securities Purchase Agreement • February 26th, 2010 • Bank of America Corp /De/ • National commercial banks

Reference is made to that certain Letter Agreement incorporating the Securities Purchase Agreement – Standard Terms (the “Securities Purchase Agreement”), dated as of the date set forth on Schedule A hereto, between the United States Department of the Treasury (the “Investor”) and the company set forth on Schedule A hereto (the “Company”). Capitalized terms used but not defined herein shall have the meanings assigned to them in the Securities Purchase Agreement. Pursuant to the Securities Purchase Agreement, at the Closing, the Company issued to the Investor the number of shares of the series of its preferred stock set forth on Schedule A hereto (the “Preferred Shares”) and a warrant to purchase the number of shares of its common stock set forth on Schedule A hereto (the “Warrant”).

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