§ 28-9-602 — WAIVER AND VARIANCE OF RIGHTS AND DUTIES

Except as otherwise provided in section 28-9-624, 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) Section 28-9-207 (b)(4)(C), which deals with use and operation of the collateral by the secured party;
(2) Section 28-9-210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;
(3) Section 28-9-607 (c), which deals with collection and enforcement of collateral;
(4) Sections 28-9-608 (a) and 28-9-615 (c) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;
(5) Sections 28-9-608 (a) and 28-9-615 (d) to the extent that they require accounting for or payment of surplus proceeds of collateral;
(6) Section 28-9-609 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) Sections 28-9-610 (b), 28-9-611, 28-9-613 and 28-9-614, which deal with disposition of collateral;
(8) Section 28-9-615 (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) Section 28-9-616, which deals with explanation of the calculation of a surplus or deficiency;
(10) Sections 28-9-620, 28-9-621 and 28-9-622, which deal with acceptance of collateral in satisfaction of obligation;
(11) Section 28-9-623, which deals with redemption of collateral;
(12) Section 28-9-624, which deals with permissible waivers; and
(13) Sections 28-9-625 and 28-9-626, which deal with the secured party’s liability for failure to comply with this chapter.

Legislative History

[28-9-602, added 2001, ch. 208, sec. 2, p. 780.]