Nevada Code § 104.3605

Discharge of endorsers and accommodation parties
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1. In this section, the term endorser
includes a drawer having the obligation described in subsection 4 of NRS 104.3414 .
2. Discharge, under NRS 104.3604 , of the obligation of a party
to pay an instrument does not discharge the obligation of an endorser or
accommodation party having a right of recourse against the discharged party.
3. If a person entitled to enforce an
instrument agrees, with or without consideration, to an extension of the due
date of the obligation of a party to pay the instrument, the extension
discharges an endorser or accommodation party having a right of recourse
against the party whose obligation is extended to the extent the endorser or
accommodation party proves that the extension caused loss to him or her with
respect to the right of recourse.
4. If a person entitled to enforce an
instrument agrees, with or without consideration, to a material modification of
the obligation of a party other than an extension of the due date, the
modification discharges the obligation of an endorser or accommodation party
having a right of recourse against the person whose obligation is modified to
the extent the modification causes loss to the endorser or accommodation party
with respect to the right of recourse. The loss suffered by the endorser or
accommodation party as a result of the modification is equal to the amount of
the right of recourse unless the person enforcing the instrument proves that no
loss was caused by the modification or that the loss caused by the modification
was an amount less than the amount of the right of recourse.
5. If the obligation of a party to pay an
instrument is secured by an interest in collateral and a person entitled to
enforce the instrument impairs the value of the interest in collateral, the
obligation of an endorser or accommodation party having a right of recourse
against the obligor is discharged to the extent of the impairment. The value of
an interest in collateral is impaired to the extent the value of the interest
is reduced to an amount less than the amount of the right of recourse of the
party asserting discharge, or the reduction in value of the interest causes an
increase in the amount by which the amount of the right of recourse exceeds the
value of the interest. The burden of proving impairment is on the party
asserting discharge.
6. If the obligation of a party is secured
by an interest in collateral not provided by an accommodation party and a
person entitled to enforce the instrument impairs the value of the interest in
collateral, the obligation of any party who is jointly and severally liable
with respect to the secured obligation is discharged to the extent the
impairment causes the party asserting discharge to pay more than he or she
would have been obliged to pay, taking into account rights of contribution, if
impairment had not occurred. If the party asserting discharge is an
accommodation party not entitled to discharge under subsection 5, he or she is
deemed to have a right to contribution based on joint and several liability
rather than a right to reimbursement. The burden of proving impairment is on
the party asserting discharge.
7. Under subsection 5 or 6, impairing
value of an interest in collateral includes:
(a) Failure to obtain or maintain perfection or
recordation of the interest in collateral;
(b) Release of collateral without substitution of
collateral of equal value;
(c) Failure to perform a duty to preserve the
value of collateral owed under Article 9 or other law to a debtor or surety or
other person secondarily liable; or
(d) Failure to comply with applicable law in
disposing of collateral.
8. An accommodation party is not
discharged under subsection 3, 4 or 5 unless the person entitled to enforce the
instrument knows of the accommodation or has notice under subsection 3 of NRS 104.3419 that the instrument was
signed for accommodation.
9. A party is not discharged under this
section if:
(a) The party asserting discharge consents to the
event or conduct that is the basis of the discharge; or
(b) The instrument or a separate agreement of the
party provides for waiver of discharge under this section either specifically
or by general language indicating that parties waive defenses based on
suretyship or impairment of collateral.

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