Georgia § 11-9-602 Waiver and variance of rights and duties

Georgia Statutes

§ 11-9-602 — Waiver and variance of rights and duties

Except as otherwise provided in Code Section 11-9-624 , 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)Subparagraph (b)(4)(C) of Code Section 11-9-207 , which deals with use and operation of the collateral by the secured party;

(2)Code Section 11-9-210 , which deals with requests for an accounting and requests concerning a list of collateral and statement of account;

(3)Subsection (c) of Code Section 11-9-607 , which deals with collection and enforcement of collateral;

(4)Subsection (a) of Code Section 11-9-608 and subsection (c) of Code Section 11-9-615 to the extent that they deal with application or payment of noncash proceeds of collect

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Except as otherwise provided in Code Section 11-9-624 , 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) Subparagraph (b)(4)(C) of Code Section 11-9-207 , which deals with use and operation of the collateral by the secured party; (2) Code Section 11-9-210 , which deals with requests for an accounting and requests concerning a list of collateral and statement of account; (3) Subsection (c) of Code Section 11-9-607 , which deals with collection and enforcement of collateral; (4) Subsection (a) of Code Section 11-9-608 and subsection (c) of Code Section 11-9-615 to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition; (5) Subsection (a) of Code Section 11-9-608 and subsection (d) of Code Section 11-9-615 to the extent that they require accounting for or payment of surplus proceeds of collateral; (6) Code Section 11-9-609 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) Subsection (b) of Code Section 11-9-610 and Code Sections 11-9-611 , 11-9-613 , and 11-9-614 , which deal with disposition of collateral; (8) Subsection (f) of Code Section 11-9-615 , 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) Code Section 11-9-616 , which deals with explanation of the calculation of a surplus or deficiency; (10) Code Sections 11-9-620 , 11-9-621 , and 11-9-622 , which deal with acceptance of collateral in satisfaction of obligation; (11) Code Section 11-9-623 , which deals with redemption of collateral; (12) Code Section 11-9-624 , which deals with permissible waivers; and (13) Code Sections 11-9-625 and 11-9-626 , which deal with the secured party's liability for failure to comply with this article.

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