§ 1309.602 — Waiver and variance of rights and duties - UCC 9-602

Ohio § 1309.602

• Jurisdiction: Ohio
• Title 13: Commercial Transactions
• Ch. 1309: Secured Transactions

Text

Except as otherwise provided in section1309.624of the Revised Code, 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 following provisions of the Revised Code;

(A) Division (B)(4)(c) of section1309.207of the Revised Code, which relates to the use and operation of the collateral by the secured party;

(B) Section1309.210of the Revised Code, which relates to requests for an accounting and requests concerning a list of collateral and statement of account;

(C) Division (C) of section1309.607of the Revised Code, which relates to the collection and enforcement of collateral;

(D) Division (A) of section1309.608and division (C) of section1309.615of the Revised Code to the extent that they relate to the application or payment of noncash proceeds of collection, enforcement, or disposition;

(E) Division (A) of section1309.608and division (D) of section1309.615of the Revised Code to the extent that they require accounting for or payment of surplus proceeds of collateral;

(F) Section1309.609of the Revised Code to the extent that it imposes upon a secured party who takes possession of collateral without judicial process the duty to do so without breach of the peace;

(G) Division (B) of section1309.610and sections1309.611,1309.613, and1309.614of the Revised Code, which relate to the disposition of collateral;

(H) Division (F) of section1309.615, which relates to the 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;

(I) Section1309.616of the Revised Code, which relates to the explanation of the calculation of a surplus or deficiency;

(J) Sections1309.620,1309.621, and1309.622of the Revised Code, which relate to the acceptance of collateral in satisfaction of obligation;

(K) Section1309.623of the Revised Code, which relates to redemption of collateral;

(L) Section1309.624of the Revised Code, which relates to permissible waivers; and

(M) Sections1309.625and1309.626of the Revised Code, which relate to the secured party's liability for failure to comply with this chapter.

Legislative History

Effective: July 1, 2001 | Latest Legislation: Senate Bill 74 - 124th General Assembly