§ 9-602. Waiver and variance of rights and duties.

278 words·~1 min read·/de/title-6/chapter-9/9-602

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

Except as otherwise provided in Section 9-624, to the extent that they 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 9-207(b)(4)(C), which deals with use and operation of the collateral by the secured party;

(2)Section 9-210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;

(3)Section 9-607(c), which deals with collection and enforcement of collateral;

(4)Sections 9-608(a) and 9-615(c) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;

(5)Sections 9-608(a) and 9-615(d) to the extent that they require accounting for or payment of surplus proceeds of collateral;

(6)Section 9-609 to the extent that it imposes upon a secured party that takes possession of collateral without judicial process the duty to do so without breach of the peace;

(7)Sections 9-610(b), 9-611, 9-613, and 9-614, which deal with disposition of collateral;

(8)Section 9-615(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 9-616, which deals with explanation of the calculation of a surplus or deficiency;

(10)Sections 9-620, 9-621, and 9-622, which deal with acceptance of collateral in satisfaction of obligation;

(11)Section 9-623, which deals with redemption of collateral;

(12)Section 9-624, which deals with permissible waivers; and

(13)Sections 9-625 and 9-626, which deal with the secured party’s liability for failure to comply with this Article.