North Dakota § 41-09-99 (9-602) Waiver and variance of rights and duties

North Dakota Statutes

§ 41-09-99 — (9-602) Waiver and variance of rights and duties

North Dakota § 41-09-99

Title 41Uniform Commercial Code

Ch. 41-09Secured Transactions

This text of North Dakota § 41-09-99 ((9-602) Waiver and variance of rights and duties) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 41-09-99 (2026).

Text

Except as otherwise provided in section 41-09-119, 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.Paragraph 3 of subdivision d of subsection 2 of section 41-09-17, which deals with use and operation of the collateral by the secured party;

2.Section 41-09-20, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;

3.Section 41-09-22, which deals with perfection and priority of agricultural liens;

4.Subsection 3 of section 41-09-104, which deals with collection and enforcement of collateral;

5.Subsection 1 of section 41-09-105 and subsection 3 of section 41-09-111 to the extent that t

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Except as otherwise provided in section 41-09-119, 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. Paragraph 3 of subdivision d of subsection 2 of section 41-09-17, which deals with use
and operation of the collateral by the secured party;
2. Section 41-09-20, which deals with requests for an accounting and requests
concerning a list of collateral and statement of account;
3. Section 41-09-22, which deals with perfection and priority of agricultural liens;
4. Subsection 3 of section 41-09-104, which deals with collection and enforcement of
collateral;
5. Subsection 1 of section 41-09-105 and subsection 3 of section 41-09-111 to the extent
that they deal with application or payment of noncash proceeds of collection,
enforcement, or disposition;
6. Subsection 1 of section 41-09-105 and subsection 4 of section 41-09-111 to the extent
that they require accounting for or payment of surplus proceeds of collateral;
7. Section 41-09-106 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;
8. Subsection 2 of section 41-09-107, section 41-09-108, and section 41-09-110, which
deal with disposition of collateral;
9. Subsection 6 of section 41-09-111, 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;
10. Sections 41-09-115 through 41-09-117, which deal with acceptance of collateral in
satisfaction of obligation;
11. Section 41-09-118, which deals with redemption of collateral;
12. Section 41-09-119, which deals with permissible waivers; and
13. Sections 41-09-120 and 41-09-121, which deal with the secured party's liability for
failure to comply with this chapter.