47-9602. Waiver and variance of rights and duties

303 words·~1 min read·/az/title-47/47-9602

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Except as otherwise provided in section 47-9624, to the extent that the rules give rights to a debtor or obligor and impose duties on a secured party, the debtor or obligor may not waive or vary the rules stated in the following listed sections:

1. Section 47-9207, subsection B, paragraph 4, subdivision (c), which deals with use and operation of the collateral by the secured party;

2. Section 47-9210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;

3. Section 47-9607, subsection C, which deals with collection and enforcement of collateral;

4. Section 47-9608, subsection A and section 47-9615, subsection C to the extent that they deal with application or payment of noncash proceeds of collection, enforcement or disposition;

5. Section 47-9608, subsection A and section 47-9615, subsection D to the extent that they require accounting for or payment of surplus proceeds of collateral;

6. Section 47-9609 to the extent that it imposes on a secured party that takes possession of collateral without judicial process the duty to do so without breach of the peace;

7. Section 47-9610, subsection B and sections 47-9611, 47-9613 and 47-9614, which deal with disposition of collateral;

8. Section 47-9615, subsection F, which deals with calculation of a deficiency or surplus when a disposition is made to the secured party, a person related to the secured party or a secondary obligor;

9. Section 47-9616, which deals with explanation of the calculation of a surplus or deficiency;

10. Sections 47-9620, 47-9621 and 47-9622, which deal with acceptance of collateral in satisfaction of obligation;

11. Section 47-9623, which deals with redemption of collateral;

12. Section 47-9624, which deals with permissible waivers; and

13. Sections 47-9625 and 47-9626, which deal with the secured party's liability for failure to comply with this chapter.