West Virginia Code § 46-3-605

Discharge of indorsers and accommodation parties
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(a) In this section, the term "indorser" includes a drawer having the obligation described in
section 3-414(d).
(b) Discharge, under section 3-604, of the obligation of a party to pay an instrument does not
discharge the obligation of an indorser or accommodation party having a right of recourse
against the discharge party.
(c) 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 iunstrument, the extension
discharges an indorser or accommodation party having a right of recourse against the party
whose obligation is extended to the extent the indorser or accommodation party proves that
the extension caused loss to the indorser or accommodation party with respect to the right
of recourse.
(d) If a person entitled to enforce an instrument aglrees, with or without consideration, to a
material modification of the obligation of a pasrty other than an extension of the due date, the
modification discharges the obligation of an indorser or accommodation party having a right
of recourse against the person whose obligiation is modified to the extent the modification
causes loss to the indorser or accomgmodation party with respect to the right of recourse.
The loss suffered by the indorser 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.
(e) 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 indorser 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
impWaired to the extent (i) 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 (ii) 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.
(f) 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 that party 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
(e), the party 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.
(g) Under subsection (e) or (f), impairing value of an interest in collateral includes (i) failure
to obtain or maintain perfection or recordation of the interest in collateral, (ii) release of
collateral without substitution of collateral of equal value, (iii) failure to perform a duty to
preserve the value of collateral owed, under article nine or other law, to a debtor or surety
or other person secondarily liable or (iv) failure to comply with applicable laew in disposing of
collateral.
(h) An accommodation party is not discharged under subsection (c), (d) or (e) unless the
person entitled to enforce the instrument knows of the accommoudation or has notice under
section 3-419 (c) that the instrument was signed for accommodation.
(i) A party is not discharged under this section if (i) the party asserting discharge consents to
the event or conduct that is the basis of the discharge aor (ii) the instrument or a separate
agreement of the party provides for waiver if discharge under this section either specifically
or by general language indicating that parties waivle defenses based on suretyship or
impairment of collateral. s

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