ities of the secured lender to any third party relating to the breach, unless the secured lender had actual knowledge of the environmental condition which is the basis of the claim for indemnification before entering into the transaction in which the environmental provision was given; and (d) Costs, attorney’s fees and other incidental relief. 2. If the parties have so agreed, the lender may recover interest on the amount advanced by him to cure or mitigate the breach. (Added to NRS by 1993, 154; A 1995, 510) NRS 40.511 Exceptions to applicability of NRS 40.507 and 40.508. NRS 40.507 and 40.508 do not apply if the real collateral is a unit put to residential use in a common-interest community or is real property upon which: 1. The owner maintains his principal residence; 2. There is not more than one residential structure; and 3. Not more than four families reside. (Added to NRS by 1993, 155; A 1995, 510) NRS 40.512 Environmental impairment of real collateral: Waiver of lien; notice of waiver; exception; recording of waiver. 1. If real collateral is environmentally impaired and the debtor’s obligation is in default, a secured lender may: (a) Waive his lien as to all of the real collateral and proceed as an unsecured creditor, including reduction of his claim against the debtor to judgment and any other rights and remedies permitted by law; or (b) Waive his lien in accordance with paragraph (a) as to that part of the real collateral which is environmentally impaired and proceed against the unimpaired real collateral. 2. To waive his lien against all or part of the environmentally impaired real collateral, the secured lender must, before commencement of any action, record with the county recorder of the county where the real collateral is located a notice of intent to waive the lien and mail a copy thereof, by registered or certified mail, return receipt requested, with postage prepaid, to the debtor, to the person who holds the title of record on the date of the notice, and to those persons with an interest, as defined in NRS 107.090, whose interest or claimed interest is subordinate to the secured lender’s lien, at their respective addresses, if known, otherwise to the address of the real collateral. In the case of a partial waiver the notice of intent to waive may be contained in a notice of default and election to sell. The notice of intent to waive must contain: (a) A legal description of the environmentally impaired real collateral; (b) A statement that the secured lender intends to proceed against the debtor under the applicable paragraph of subsection 1; and (c) If the secured lender is proceeding under paragraph (b) of subsection 1, a statement that he will proceed against the unimpaired property, which may result in a judgment for deficiency against the debtor as a result of diminution in value of the collateral because of the exclusion of the environmentally impaired portion. 3. A secured lender may not waive his lien as a result of any environmental impairment if he had actual knowledge of the environmental impairment at the time the lien was created. In determining whether a secured lender had such knowledge, the report of any person legally entitled to prepare the report with respect to the existence or absence of any environmental impairment is prima facie evidence of the existence or absence, as the case may be, of any environmental impairment. 4. A waiver made by a secured lender pursuant to this section is not final or conclusive until a final judgment, as defined in subsection 4 of NRS 40.435, has been obtained. If the waiver covers the full extent of the collateral, the lender shall immediately thereafter cause his lien to be released by recording the waiver in the same manner as the lien was recorded. (Added to NRS by 1993, 155; A 1995, 510) PROCEEDINGS TO ESTABLISH TERMINATION OF LIFE ESTATES NRS 40.515 Petition, notice, hearing and order. If any person has died, or shall hereafter die, who at the time of his death was the owner of a life estate which terminates by reason of his death, any person interested in the property, or in the title thereto, in which such life estate was held, may file in the district court of the county in which the property is situated, his verified petition, setting forth such facts, and thereupon and after such notice by publication or otherwise, as the court or judge may order, the court or judge shall hear such petition and the evidence offered in support thereof, and if upon such hearing it shall appear that such life estate of such deceased person absolutely terminated by reason of his death, the court or judge shall make an order to that effect, and thereupon a certified copy of such order may be recorded in the office of the county recorder. [1911 CPA § 642; RL § 5584; NCL § 9131]—(Substituted in revision for NRS 40.460) METHODS OF TERMINATION OF INTERESTS OF DECEASED PERSONS IN PROPERTY NRS 40.525 Petition; notice; hearing and order; alternative method. 1. If title or an interest in real or personal property is affected by the death of any person, any other person who claims any interest in the real or personal property, if his interest is affected by the death of that person, or the State of Nevada, may file in the district court of any county in which any part of the real or personal property is situated a verified petition setting forth those facts and particularly describing the real or personal property, the interest of the petitioner and the interest of the deceased therein. 2. The clerk shall set the petition for hearing by the court. Notice of hearing of the petition must be mailed, by certified mail, return receipt requested, postage prepaid, to the heirs at law of the deceased person at their places of business or residences, if known, and if not, by publication for at least 3 successive weeks in such newspaper as the court orders. The clerk shall send a copy of the notice of hearing or of the affidavit to the Department of Health and Human Services by certified mail, return receipt requested, postage prepaid, if the State is not the petitioner, at the time notice is mailed to the heirs at law or the notice is published. Failure on the part of any such heir at law to contest the petition precludes any such heir at law from thereafter contesting the validity of the joint interest or its creation or termination. 3. The court shall take evidence for or against the petition, and may render judgment thereon establishing the fact of the death and the termination of the interest of the deceased in the real or personal property described in the petition. 4. A certified copy of the decree may be recorded in the office of the recorder of each county in which any part of the real or personal property is situated. 5. As an alternative method of terminating the interest of the deceased person, if title or an interest in real or personal property held in joint tenancy or as community property with right of survivorship is affected by the death of a joint tenant or spouse, any person who has knowledge of the facts may record in the office of the county recorder in the county where the property is situated an affidavit meeting the requirements of NRS 111.365, accompanied by a certified copy of the death certificate of the deceased person. [1:18:1939; A 1951, 172]—(NRS A 1963, 802; 1965, 665, 1004; 1983, 666; 1991, 457; 1995, 2569; 2001, 1750; 2003, 876) NRS 40.535 Affidavit or petition may be filed in probate proceeding. Any affidavit or petition, such as described in NRS 40.525, may be filed as a part of any probate proceeding. [1(a):18:1939; added 1951, 172]—(NRS A 1965, 665)—(Substituted in revision for NRS 40.480) ACTIONS RESULTING FROM CONSTRUCTIONAL DEFECT General Provisions NRS 40.600 Definitions. As used in NRS 40.600 to 40.695, inclusive, unless the context otherwise requ

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