1. A person who, without participating in the management of a parcel of real property, holds or is the beneficiary of evidence of title to the property primarily to protect a security interest in the property is not a responsible party with respect to a release of a hazardous substance on the property if: (a) The owner of the property is relieved from liability under NRS 459.610 to 459.658 , inclusive, with respect to the release; (b) The owner or holder of evidence of title did not cause the release; and (c) The owner or holder of evidence of title does not participate actively in decisions concerning hazardous substances on the property. 2. A lender to a prospective purchaser who has filed an application to participate in the program pursuant to NRS 459.634 or a lender who forecloses his or her security interest in property pursuant to NRS 40.430 to 40.450 , inclusive, or 107.080 to 107.140 , inclusive, and within a reasonable period after the foreclosure, not to exceed 2 years, sells, transfers or conveys the property to a prospective purchaser who has filed an application to participate in the program pursuant to NRS 459.634 is not a responsible party solely as a result of: (a) Foreclosing a security interest in the property; or (b) Making a loan to the prospective purchaser if the loan: (1) Is to be used for acquiring property or removing or remediating hazardous substances on property; and (2) Is secured by the property that is to be acquired or on which is located the hazardous substances that are to be removed or remediated.
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