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§12A-3-605.
§12A-3-605.
DISCHARGE OF INDORSERS, ACCOMMODATION, AND OTHER PARTIES
(a) In this section, the term "indorser" includes a drawer having the
obligation described in subsection (d) of Section 3-414 of this title.
(b) Discharge, under Section 3-604 of this title, 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
discharged 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 instrument, 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 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 indorser or accommodation party having
a right of recourse against the person whose obligation is modified to
the extent the modification causes loss to the indorser or
accommodation 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 impaired 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) of this section, 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) of this section, 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 9 of this title or other law, to a debtor or surety or
other person secondarily liable, or (iv) failure to comply with
applicable law in disposing of collateral.
(h) An accommodation party is not discharged under subsection (c),
(d), or (e) of this section unless the person entitled to enforce the
instrument knows of the accommodation or has notice under subsection
(c) of Section 3-419 of this title 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, or (ii) 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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