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Thehbia Hiwot, Senior Vice President of Multifamily Finance and Development

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Mortgage Revenue Bonds, 2010 38th Subseries A, Series 39-40

Official Statements

May 6, 2010

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State of New York Mortgage Agency Bonds Disclaimer

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Use of this Website

Your access and use of this site is subject to the following terms and conditions and all applicable laws. By clicking “Accept” below, I acknowledge that I have read this disclaimer and expressly agree to each of the terms described herein; I also understand that official forms of disclosure documents are available elsewhere and that material information important to the making of informed investment decisions may have been posted elsewhere.

Introduction

Certain financial and investor-related information on these Investor Relations web pages is being provided herein for the State of New York Mortgage Agency, the New York State Housing Finance Agency, the State of New York Municipal Bond Bank Agency, and the Tobacco Settlement Financing Corporation (each, an "Agency" and, collectively, the "Agencies"). The information will be available to you after you read and acknowledge this disclaimer.

Each Agency is a separate legal entity. Financial and disclaimer information available on these Investor Relations web pages with respect to one Agency is not applicable to any other Agency.

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If you would like to obtain copies of printed financial statements, please send an e-mail to lbowen@nyshcr.org.

Disclaimer

The information provided on these Investor Relations web pages is provided for general informational purposes only and for the user’s convenience. These Investor Relations web pages may not provide all information that may be of interest to investors. There may be other documents containing relevant information regarding the Agencies, which may be available from other sources.

The information provided on these Investor Relations web pages does not constitute an offer to sell or buy securities or the solicitation of an offer to sell or buy securities and should not be relied upon to provide specific offering information in connection with any issuance, sale, resale, or remarketing of bonds, notes, or other municipal obligations.

These Investor Relations web pages are not intended to replace any information or consultation provided by a professional financial advisor. Other than as specified herein, no information is intended to be the basis of or should be relied upon in making an investment decision.

The documents contained on these Investor Relations web pages may make “forward-looking statements” by using forward-looking words such as “may,” “will,” “should,” “expects,” “believes,” “anticipates,” “estimates,” or others. You are cautioned that forward-looking statements are subject to a variety of uncertainties that could cause actual results to differ from the projected results. Because the Agencies cannot predict all factors that may affect future decisions, actions, events, policy decisions, or financial circumstances, what actually happens may be different than what is included in forward-looking statements.

We have provided addresses of other websites that may be of value as an educational or reference tool. Such other websites are not intended to be the basis of or relied upon in making an investment decision. If you access one of these websites, remember that the Agencies may not have participated in the preparation, compilation, or selection of information on any such website, and assume no responsibility or liability for the views, content, or accuracy of any such website.

All information contained on these Investor Relations web pages is obtained from sources believed to be accurate and reliable. Refer to the Official Statement and operative documents of the respective Agencies, and for the respective series of bonds, for complete information on that bond issue. This information, however, is prepared "without audit" unless otherwise identified as audited financial information. Due to the possibility of human or mechanical error as well as other factors, this information is provided "as is" without warranty of any kind and the State of New York Mortgage Agency, the New York State Housing Finance Agency, the State of New York Municipal Bond Bank Agency and the Tobacco Settlement Financing Corporation make no representation, express or implied, as to the accuracy, reliability, completeness, or timeliness of this information, and are not responsible for any loss or damages incurred by parties using this information.

Some information, including financial statements may be available only in Adobe Portable Document Format (PDF) using Adobe Acrobat Reader 6.0 and you will need Adobe Reader software to accurately read and print them. If you do not have the Adobe Acrobat Reader, or if you are using a version earlier than that used in Adobe Acrobat Reader 6.0, you may obtain an updated version of the adobe Reader free of charge from the Adobe web site at http://www.adobe.com/. Using software other than the Adobe Reader included in Adobe Acrobat Reader 6.0 may cause the financial statements or other information that you view or print to differ from the financial statements or other information as they were posted on this web site or as they appear in the printed versions prepared by the State of New York Mortgage Agency, the New York State Housing Finance Agency and the State of New York Municipal Bond Bank Agency, as applicable. You assume the risk of any such discrepancies as well as any discrepancies related to communication transmission or other printing problems

The State of New York Mortgage Agency, the New York State Housing Finance Agency, the State of New York Municipal Bond Bank Agency and the Tobacco Settlement Financing Corporation currently anticipate that the disclosure documents prepared from time to time in connection with the offering and sale of securities by any of them may contain information updating or supplementing the information presented at this website. In addition, certain financial information and operating data, as well as information regarding certain material developments concerning and securities from time to time issued by the State of New York Mortgage Agency, the New York State Housing Finance Agency, the State of New York Municipal Bond Bank Agency and the Tobacco Settlement Financing Corporation, may be filed with the Municipal Securities Rulemaking Board's Electronic Municipal Market Access ("EMMA"). Each of the State of New York Mortgage Agency, the New York State Housing Finance Agency, the State of New York Municipal Bond Bank Agency and the Tobacco Settlement Financing Corporation in its discretion will determine whether to include such updated information on this website or to otherwise supplement, update or modify the information at this website. Furthermore, the information in each document or file is dated as of the date or dates indicated, and the State of New York Mortgage Agency, the New York State Housing Finance Agency, the State of New York Municipal Bond Bank Agency and the Tobacco Settlement Financing Corporation disclaim any duty or obligation either to update the information contained at this website or to maintain the availability of such information. Such supplemental, updated or modified information may be obtained from EMMA.

Under no circumstances shall the State of New York Mortgage Agency, the New York State Housing Finance Agency, the State of New York Municipal Bond Bank Agency and the Tobacco Settlement Financing Corporation have any liability to any person or entity for (1) any loss or damage in whole or part caused by, resulting from or relating to any error (negligent or otherwise) or other circumstances involved in procuring, collecting, compiling, interpreting, analyzing, editing, transcribing communicating or delivering any such information, or (2) any direct, indirect, special, consequential or incidental damages whatsoever, even if the State of New York Mortgage Agency, the New York State Housing Finance Agency, the State of New York Municipal Bond Bank Agency and the Tobacco Settlement Financing Corporation are advised in advance of the possibility of such damages, resulting from the use of, or inability to use, any such information.

Restrictions on use of Website Materials

The State of New York Mortgage Agency, the New York State Housing Finance Agency, the State of New York Municipal Bond Bank Agency and the Tobacco Settlement Financing Corporation maintain this website to provide you with information, and for education and communication. Please feel free to browse the site. You may download material displayed on this site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost, or use the contents of this site for public or commercial purposes, including the text, images, audio, and video without the permission of the State of New York Mortgage Agency, the New York State Housing Finance Agency, the State of New York Municipal Bond Bank Agency and the Tobacco Settlement Financing Corporation.

Authentication

hcr.ny.gov constitutes the official website of the State of New York Mortgage Agency, the New York State Housing Finance Agency, the State of New York Municipal Bond Bank Agency and the Tobacco Settlement Financing Corporation. No other website, provider or service is authorized to provide online information regarding the affairs of the State of New York Mortgage Agency, the New York State Housing Finance Agency, the State of New York Municipal Bond Bank Agency and the Tobacco Settlement Financing Corporation.

Dates of Documents

Any financial document contained in the Investor Relations section of this website is marked with a date (the "Dated Date") and speaks only as of that Dated Date, which may be prior to the date it is posted on this website. You are cautioned not to assume that any information has been updated beyond the Dated Date unless a document expressly states that it constitutes an update of a specific portion of a document. No inference should be made that the operations of the Agencies or related entities and/or other economic conditions have remained the same since the Dated Date. The Agencies expressly disclaim any duty to provide an update of any document contained in the Investor Relations web pages.

Information Subject to Change without Notice and May Not Be Updated

The Agencies are under no obligation to update any information included in this website. The information and expressions of opinion herein are subject to change without notice and the posting of information on this website does not imply that there has been no change in the affairs of the Agencies or related entities.

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