Exhibit 25.11


 

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   13-5160382

(State of incorporation

if not a U.S. national bank)

 

(I.R.S. employer

identification no.)

One Wall Street, New York, N.Y.   10286
(Address of principal executive offices)   (Zip code)

 

BANK OF AMERICA CORPORATION

(Exact name of obligor as specified in its charter)

 

Delaware   56-0906609

(State or other jurisdiction of

incorporation or organization)

 

(I.R.S. employer

identification no.)

Bank of America Corporate Center    
100 North Tryon Street    
Charlotte, North Carolina   28255
(Address of principal executive offices)   (Zip code)

 


 

Guarantee of Capital Securities of

BAC Capital Trust X

(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.

 

Name


 

Address


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, New York 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.

 

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 No. 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, Exhibit 1 to Form T-1 filed with Registration Statement No. 33-29637 and Exhibit 1 to Form T-1 filed with Registration Statement No. 333-121195.)

 

  4. A copy of the existing By-laws of the Trustee. (Exhibit 4 to Form T-1 filed with Registration Statement No. 333-121195.)

 

  6. The consent of the Trustee required by Section 321(b) of the Act. (Exhibit 6 to Form T-1 filed with Registration Statement No. 333-106702.)

 

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

 

-2-


 

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 New York, and State of New York, on the 30th day of March, 2005.

 

THE BANK OF NEW YORK

By:

 

/s/ ROBERT A. MASSIMILLO

   

Name:

 

ROBERT A. MASSIMILLO

   

Title:

 

VICE PRESIDENT

 


EXHIBIT 7

 

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 December 31, 2004, 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

   $ 3,866,500

Interest-bearing balances

     8,455,170

Securities:

      

Held-to-maturity securities

     1,885,665

Available-for-sale securities

     20,781,508

Federal funds sold and securities purchased under agreements to resell

      

Federal funds sold in domestic offices

     3,730,007

Securities purchased under agreements to resell

     847,805

Loans and lease financing receivables:

      

Loans and leases held for sale

     0

Loans and leases, net of unearned income

     36,195,743

LESS: Allowance for loan and lease losses

     587,611

Loans and leases, net of unearned income and allowance

     35,608,132

Trading Assets

     4,174,521

Premises and fixed assets (including capitalized leases)

     949,424

Other real estate owned

     754

Investments in unconsolidated subsidiaries and associated companies

     268,366

Customers’ liability to this bank on acceptances outstanding

     52,800

Intangible assets

      

Goodwill

     2,746,404

Other intangible assets

     758,137

Other assets

     8,013,234
    

Total assets

   $ 92,138,427
    

 


LIABILITIES

      

Deposits:

      

In domestic offices

   $ 41,480,131

Noninterest-bearing

     16,898,525

Interest-bearing

     24,581,606

In foreign offices, Edge and Agreement subsidiaries, and IBFs

     24,028,722

Noninterest-bearing

     576,431

Interest-bearing

     23,452,291

Federal funds purchased and securities sold under agreements to repurchase

      

Federal funds purchased in domestic offices

     1,040,432

Securities sold under agreements to repurchase

     491,007

Trading liabilities

     2,724,930

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

     4,780,573

Not applicable

      

Bank’s liability on acceptances executed and outstanding

     54,517

Subordinated notes and debentures

     2,390,000

Other liabilities

     6,901,014
    

Total liabilities

   $ 83,891,326
    

Minority interest in consolidated subsidiaries

     140,499

EQUITY CAPITAL

      

Perpetual preferred stock and related surplus

     0

Common stock

     1,135,284

Surplus (exclude all surplus related to preferred stock)

     2,087,221

Retained earnings

     4,892,420

Accumulated other comprehensive income

     -8,323

Other equity capital components

     0
    

Total equity capital

     8,106,602
    

Total liabilities, minority interest, and equity capital

   $ 92,138,427
    

 


I, Thomas J. Mastro, Senior Vice President and Comptroller of the above-named bank do hereby declare that this Report of Condition is true and correct to the best of my knowledge and belief.

 

Thomas J. Mastro,

Senior Vice President and Comptroller

 

We, the undersigned directors, attest to the correctness of this statement of resources and liabilities. We 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 and is true and correct.

 

Thomas A. Renyi

Gerald L. Hassell

Alan R. Griffith

  

Directors