Published on January 5, 2010
MFA FINANCIAL,
INC.
ARTICLES
SUPPLEMENTARY
MFA Financial, Inc., a Maryland
corporation (the “Corporation”), hereby certifies to the State Department of
Assessments and Taxation of Maryland (the “SDAT”), that:
FIRST: Under a power
contained in Title 3, Subtitle 8 of the Maryland General Corporation Law (the
“MGCL”), and in accordance with resolutions duly adopted by the Board of
Directors of the Corporation (the “Board of Directors”), the Corporation elects,
notwithstanding any provision in its charter or Bylaws to the contrary, to be
subject to Section 3-804(c) of the MGCL, the repeal of which may be effected
only by the means authorized by Section 3-802(b)(3) of the MGCL.
SECOND: The election to
become subject to Section 3-804(c) of the MGCL has been approved by the Board of
Directors in the manner and by the vote required by law.
THIRD: The undersigned
acknowledges these Articles Supplementary to be the corporate act of the
Corporation and, as to all matters or facts required to be verified under oath,
the undersigned acknowledges that, to the best of his knowledge, information and
belief, these matters and facts are true in all material respects and that this
statement is made under the penalties for perjury.
[SIGNATURE
PAGE FOLLOWS]
IN WITNESS WHEREOF, the Corporation has
caused these Articles Supplementary to be executed under seal, in its name and
on its behalf by its President and Chief Financial Officer and attested by its
Secretary on this 1st day
of January, 2010.
| ATTEST: | MFA FINANCIAL, INC. | |||
| /s/ Timothy W. Korth | By: | /s/ William S. Gorin | (SEAL) | |
|
Timothy
W. Korth
Secretary
|
William
S. Gorin
President
and Chief Financial Officer
|
|||
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