§12A-1-9-602. Waiver and variance of rights and duties.
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WAIVER AND VARIANCE OF RIGHTS AND DUTIES
Except as otherwise provided in Section 1-9-624 of this title, 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)Subparagraph
(C)of paragraph
(4)of subsection
(b)of Section 1-9-207 of this title, which deals with use and operation of the collateral by the secured party;
(2)Section 1-9-210 of this title, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;
(3)Subsection
(c)of Section 1-9-607 of this title, which deals with collection and enforcement of collateral;
(4)Subsection
(a)of Section 1-9-608 of this title and subsection
(c)of Section 1-9-615 of this title to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;
(5)Subsection
(a)of Section 1-9-608 of this title and subsection
(d)of Section 1-9-615 of this title to the extent that they require accounting for or payment of surplus proceeds of collateral;
(6)Section 1-9-609 of this title 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)Subsection
(b)of Section 1-9-610 of this title and Sections 1-9-611, 1-9-613, and 1-9-614 of this title, which deal with disposition of collateral;
(8)Subsection
(f)of Section 1-9-615 of this title, 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 1-9-616 of this title, which deals with explanation of the calculation of a surplus or deficiency;
(10)Sections 1-9-620, 1-9-621, and 1-9-622 of this title, which deal with acceptance of collateral in satisfaction of obligation;
(11)Section 1-9-623 of this title, which deals with redemption of collateral;
(12)Section 1-9-624 of this title, which deals with permissible waivers; and
(13)Sections 1-9-625 and 1-9-626 of this title, which deal with the secured party’s liability for failure to comply with this article. Added by Laws 2000, c. 371, § 109, eff. July 1, 2001.