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Code · North Carolina · Chapter 25 — Uniform Commercial Code

§ 25-9-602. Waiver and variance of rights and duties.

331 words·~2 min read·/nc/chapter-25/25-9-602

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§ 25-9-602. Waiver and variance of rights and duties.
Except as otherwise provided in G.S. 25-9-624, 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)G.S. 25-9-207(b)(4)c., which deals with use and operation of the collateral by the secured party;
(2)G.S. 25-9-210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;
(3)G.S. 25-9-607(c), which deals with collection and enforcement of collateral;
(4)G.S. 25-9-608(a) and G.S. 25-9-615(c) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;
(5)G.S. 25-9-608(a) and G.S. 25-9-615(d) to the extent that they require accounting for or payment of surplus proceeds of collateral;
(6)G.S. 25-9-609 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)G.S. 25-9-610(b), 25-9-611, 25-9-613, and 25-9-614, which deal with disposition of collateral;
(8)G.S. 25-9-615(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)G.S. 25-9-616, which deals with explanation of the calculation of a surplus or deficiency;
(10)G.S. 25-9-620, 25-9-621, and 25-9-622, which deal with acceptance of collateral in satisfaction of obligation;
(11)G.S. 25-9-623, which deals with redemption of collateral;
(12)G.S. 25-9-624, which deals with permissible waivers; and
(13)G.S. 25-9-625 and G.S. 25-9-626, which deal with the secured party's liability for failure to comply with this Article. (1866-7, c. 1, s. 2; 1872-3, c. 133, s. 2; 1883, c. 88; Code, s. 1800; 1893, c. 9; Rev., s. 2054; C.S., s. 2488; 1961, c. 574; 1965, c. 700, s. 1; 1975, c. 862, s. 7; 2000-169, s. 1.)
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