§ 9602. Waiver and variance of rights and duties.

372 words·~2 min read·/pa/title-13/chapter-96/9602

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Except as otherwise provided in section 9624 (relating to waiver), 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:

(1)section 9207(b)(4)(iii) (relating to expenses, risks, duties and rights when secured party in possession);

(2)section 9210 (relating to request for accounting; request regarding list of collateral or statement of account);

(3)section 9607(c) (relating to commercially reasonable collection and enforcement);

(4)sections 9608(a) (relating to application of proceeds, surplus and deficiency if obligation secured) and 9615(c) (relating to application of noncash proceeds) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement or disposition;

(5)sections 9608(a) and 9615(d) (relating to surplus or deficiency if obligation secured) to the extent that they require accounting for or payment of surplus proceeds of collateral;

(6)section 9609 (relating to secured party's right to take possession after default) 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 9610(b) (relating to commercially reasonable disposition), 9611 (relating to notification before disposition of collateral), 9613 (relating to contents and form of notification before disposition of collateral: general) and 9614 (relating to contents and form of notification before disposition of collateral: consumer-goods transaction);

(8)section 9615(f) (relating to calculation of surplus or deficiency in disposition to person related to secured party);

(9)section 9616 (relating to explanation of calculation of surplus or deficiency);

(10)sections 9620 (relating to acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral), 9621 (relating to notification of proposal to accept collateral) and 9622 (relating to effect of acceptance of collateral);

(11)section 9623 (relating to right to redeem collateral);

(12)section 9624 (relating to waiver); and

(13)sections 9625 (relating to remedies for secured party's failure to comply with division) and 9626 (relating to action in which deficiency or surplus is in issue).

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Cross References. Section 9602 is referred to in sections 9601, 9603 of this title.

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