§ 30-9A-602 — Waiver And Variance Of Rights And Duties

30-9A-602 . Waiver and variance of rights and duties. Except as provided in 30-9A-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) 30-9A-207 (2)(d)(iii), which deals with use and operation of the collateral by the secured party;
(2) 30-9A-210 , which deals with requests for an accounting and requests concerning a list of collateral and statement of account;
(3) 30-9A-607 (3), which deals with collection and enforcement of collateral;
(4) 30-9A-608 (1) and 30-9A-615 (3) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;
(5) 30-9A-608 (1) and 30-9A-615 (4) to the extent that they require accounting for or payment of surplus proceeds of collateral;
(6) 30-9A-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) 30-9A-610 (2), 30-9A-611 , 30-9A-613 , and 30-9A-614 , which deal with disposition of collateral;
(8) 30-9A-615 (6), 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) 30-9A-616 , which deals with explanation of the calculation of a surplus or deficiency;
(10) 30-9A-620 through 30-9A-622 , which deal with acceptance of collateral in satisfaction of obligation;
(11) 30-9A-623 , which deals with redemption of collateral;
(12) 30-9A-624 , which deals with permissible waivers; and
(13) 30-9A-625 and 30-9A-626 , which deal with the secured party's liability for failure to comply with this chapter.

Legislative History

En. Sec. 99, Ch. 305, L. 1999; Sec. 30-9-602 , MCA 1999; redes. 30-9A-602 by Code Commissioner, 2001.