§9-1602. Waiver and variance of rights and duties
539 words·~2 min read·
/me/title-11-uniform-commercial-code/9-1602A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Except as otherwise provided in section 9‑1624 , 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: [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(1). Section 9‑1207, subsection (2), paragraph
(d), subparagraph (iii), which deals with use and operation of the collateral by the secured party;
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(2). Section 9‑1210 , which deals with requests for an accounting and requests concerning a list of collateral and statement of account;
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(3). Section 9‑1607, subsection
(3), which deals with collection and enforcement of collateral;
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(4). Section 9‑1608, subsection
(1)and section 9‑1615, subsection
(3)to the extent that they deal with application or payment of noncash proceeds of collection, enforcement or disposition;
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(5). Section 9‑1608, subsection
(1)and section 9‑1615, subsection
(4)to the extent that they require accounting for or payment of surplus proceeds of collateral;
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(6). Section 9‑1609 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;
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(7). Section 9‑1610, subsection
(2)and sections 9‑1611 , 9‑1613 and 9‑1614 , which deal with disposition of collateral;
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(8). Section 9‑1615, subsection
(6), 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;
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(9). Section 9‑1616 , which deals with explanation of the calculation of a surplus or deficiency;
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(10). Sections 9‑1620 , 9‑1621 and 9‑1622 , which deal with acceptance of collateral in satisfaction of obligation;
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(11). Section 9‑1623 , which deals with redemption of collateral;
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(12). Section 9‑1624 , which deals with permissible waivers; and
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(13). Sections 9‑1625 and 9‑1626 , which deal with the secured party's liability for failure to comply with this article.
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]