EXHIBIT 25.2


 

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 


 

FORM T-1

 

STATEMENT OF ELIGIBILITY UNDER

THE TRUST INDENTURE ACT OF 1939 OF A

CORPORATION DESIGNATED TO ACT AS TRUSTEE

 

CHECK IF AN APPLICATION TO DETERMINE ELIGIBILITY OF

A TRUSTEE PURSUANT TO SECTION 305(b)(2)

 


 

THE BANK OF NEW YORK

(Exact name of trustee as specified in its charter)

 

NEW YORK

(State of incorporation if not a U.S. national bank)

 

13-5160382

(I.R.S. employer identification no.)

 

One Wall Street, New York, New York   10286
(Address of principal executive offices)   (Zip Code)

 

The Bank of New York

10161 Centurion Parkway

Jacksonville, Florida 32256

Attn: Mr. Derek Kettel

(904) 998-4716

(Name, address and telephone number of agent for service)

 


 

Bank of America Corporation

(Exact name of obligor as specified in its charter)

 

Delaware   56-0906609

(State or other jurisdiction

of incorporation or organization)

 

(IRS employer

identification no.)

 

Bank of America Corporate Center

100 North Tryon Street

Charlotte, North Carolina 28255

(704) 386-5972

(Address, zip code and telephone number of principal executive offices)

 

Debt Securities

(Title of the indenture securities)

 



1. General Information.

 

Furnish the following information as to the trustee—

 

  (a) Name and address of each examining or supervising authority to which it is subject.

 

Superintendent of Banks of the State of New York

2 Rector Street

New York, N.Y. 10006, and Albany, N.Y. 12203

 

Federal Reserve Bank of New York

33 Liberty Plaza

New York, N.Y. 10045

 

Federal Deposit Insurance Corporation

Washington, D.C. 20429

 

New York Clearing House Association

New York, N.Y. 10005

 

  (b) Whether it is authorized to exercise corporate trust powers.

 

Yes.

 

2. Affiliations with Obligor.

 

If the obligor is an affiliate of the trustee, describe each such affiliation.

 

None.

 

3-15 Not Applicable

 

16. List of Exhibits.

 

Exhibits identified in parentheses below, on file with the Commission, are incorporated herein by reference as an exhibit hereto, pursuant to Rule 7a-29 under the Trust Indenture Act of 1939 (the “Act”) and 17 C.F.R. 229.10(d).

 

(1) A copy of the Organization Certificate of The Bank of New York (formerly Irving Trust Company) as now in effect, which contains the authority to commence business and a grant of powers to exercise corporate trust powers. (Exhibit 1 to Amendment 1 to Form T-1 filed with Registration Statement No. 33-6215, Exhibits 1a and 1b to Form T-1 filed with Registration Statement No. 33-21672 and Exhibit 1 to Form T-1 filed with Registration Statement No. 33-29637.)

 


(4) A copy of the existing By-laws of the Trustee. (Exhibit 4 to Form T-1 filed with Registration Statement No. 33-31019.)

 

(6) The consent of the Trustee required by Section 321(b) of the Act. (Exhibit 6 to Form T-1 filed with Registration No. 33-44051.)

 

(7) A copy of the latest report of condition of the Trustee published pursuant to law or the requirements of its supervising or examining authority.

 


EXHIBIT 6 TO FORM T-1

 

CONSENT OF TRUSTEE

 

Pursuant to the requirements of Section 321(b) of the Trust Indenture Act of 1939, in connection with the proposed issuance of Bank of America Corporation Debt Securities, The Bank of New York hereby consents that reports of examinations by Federal, State, Territorial or District Authorities may be furnished by such authorities to the Securities and Exchange Commission upon request therefor.

 

THE BANK OF NEW YORK

By:  

/s/    DEREK KETTEL     

   
   

Derek Kettel, Agent

 


SIGNATURE

 

Pursuant to the requirements of the Act, the Trustee, The Bank of New York, a corporation organized and existing under the laws of the State of New York, has duly caused this statement of eligibility to be signed on its behalf by the undersigned, thereunto duly authorized, all in the City of Jacksonville and the State of Florida, on the 11th day of February, 2004.

 

THE BANK OF NEW YORK

By:  

/s/    DEREK KETTEL     

   
   

Derek Kettel, Agent


EXHIBIT 7 TO FORM T-1

 

Consolidated Report of Condition of

THE BANK OF NEW YORK

of One Wall Street, New York, N.Y. 10286

 

And Foreign and Domestic Subsidiaries, a member of the Federal Reserve System, at the close of business September 30, 2003, published in accordance with a call made by the Federal Reserve Bank of this District pursuant to the provisions of the Federal Reserve Act.

 

     Dollar Amounts
in Thousands


ASSETS

      

Cash and balances due from depository institutions:

      

Noninterest-bearing balances and currency and coin

   $ 3,688,426

Interest-bearing balances

     4,380,259

Securities:

      

Held-to-maturity securities

     270,396

Available-for-sale securities

     21,509,356

Federal funds sold and securities purchased under agreements to resell:

      

Federal funds sold in domestic offices

     1,269,945

Securities purchased under agreements to resell

     5,320,737

Loans and lease financing receivables:

      

Loans and leases held for sale

     629,178

Loans and leases, net of unearned income

     38,241,326

LESS: Allowance for loan and lease losses

     813,502

Loans and leases, net of unearned income and allowance and reserve

     37,427,824

Trading assets

     6,323,529

Premises and fixed assets (including capitalized leases)

     938,488

Other real estate owned

     431

Investments in unconsolidated subsidiaries and associated companies

     256,230

Customers’ liability to this bank on acceptances outstanding

     191,307

Intangible assets

      

Goodwill

     2,562,478

Other Intangible Assets

     798,536

Other assets

     6,636,012
    

Total assets

   $ 92,203,132
    


LIABILITIES

      

Deposits:

      

In domestic offices

   $ 35,637,801

Noninterest-bearing

     15,795,823

Interest-bearing

     19,841,978

In foreign offices, Edge and Agreement subsidiaries, and IBFs

     23,759,599

Noninterest-bearing

     599,397

Interest-bearing

     23,160,202

Federal funds purchased and securities sold under agreements to repurchased:

      

Federal funds purchased in domestic offices

     464,907

Securities sold under agreements to repurchase

     693,638

Trading liabilities

     2,634,445

Other borrowed money: (includes mortgage indebtedness and obligations under capitalized leases)

     11,168,402

Bank’s liability on acceptances executed and outstanding

     193,690

Subordinated notes and debentures

     2,390,000

Other liabilities

     6,573,955
    

Total liabilities

     83,516,437
    

Minority interest in consolidated subsidiaries

     519,418

EQUITY CAPITAL

      

Common stock

     1,135,284

Surplus

     2,057,234

Retained earnings

     4,892,597

Accumulated other comprehensive income

     82,162

Other equity capital components

     0

Total equity capital

     8,167,277
    

Total liabilities and equity capital

   $ 92,203,132
    

 

I, Thomas J. Mastro, Senior Vice President and Comptroller of the above-named bank do hereby declare that this Report of Condition has been prepared in conformance with the instructions issued by the Board of Governors of the Federal Reserve System and is true to the best of my knowledge and belief.

 

Thomas J. Mastro


We, the undersigned directors, attest to the correctness of this Report of Condition and declare that it has been examined by us and to the best of our knowledge and belief has been prepared in conformance with the instructions issued by the Board of Governors of the Federal Reserve System and is true and correct.

 

Thomas A. Renyi     )

Gerald L. Hassell    ) Directors

Alan R. Griffith   )