Legislation
SECTION 9-602
Waiver and Variance of Rights and Duties
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 9, PART 6, SUBPART 1
Section 9--602. Waiver and Variance of Rights and Duties.
Except as otherwise provided in Section 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:
(a) Section 9--207 (b) (4) (C), which deals with use and operation of
the collateral by the secured party;
(b) Section 9--210, which deals with requests for an accounting and
requests concerning a list of collateral and statement of account;
(c) Section 9--607 (c), which deals with collection and enforcement of
collateral;
(d) Sections 9--608 (a) and 9--615 (c) to the extent that they deal
with application or payment of noncash proceeds of collection,
enforcement, or disposition;
(e) Sections 9--608 (a) and 9--615 (d) to the extent that they require
accounting for or payment of surplus proceeds of collateral;
(f) Section 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;
(g) Sections 9--610 (b), 9--611, 9--613, and 9--614, which deal with
disposition of collateral;
(h) Section 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;
(i) Section 9--616, which deals with explanation of the calculation of
a surplus or deficiency;
(j) Sections 9--620, 9--621, and 9--622, which deal with acceptance of
collateral in satisfaction of obligation;
(k) Section 9--623, which deals with redemption of collateral;
(l) Section 9--624, which deals with permissible waivers; and
(m) Sections 9--625 and 9--626, which deal with the secured party's
liability for failure to comply with this article.
Except as otherwise provided in Section 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:
(a) Section 9--207 (b) (4) (C), which deals with use and operation of
the collateral by the secured party;
(b) Section 9--210, which deals with requests for an accounting and
requests concerning a list of collateral and statement of account;
(c) Section 9--607 (c), which deals with collection and enforcement of
collateral;
(d) Sections 9--608 (a) and 9--615 (c) to the extent that they deal
with application or payment of noncash proceeds of collection,
enforcement, or disposition;
(e) Sections 9--608 (a) and 9--615 (d) to the extent that they require
accounting for or payment of surplus proceeds of collateral;
(f) Section 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;
(g) Sections 9--610 (b), 9--611, 9--613, and 9--614, which deal with
disposition of collateral;
(h) Section 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;
(i) Section 9--616, which deals with explanation of the calculation of
a surplus or deficiency;
(j) Sections 9--620, 9--621, and 9--622, which deal with acceptance of
collateral in satisfaction of obligation;
(k) Section 9--623, which deals with redemption of collateral;
(l) Section 9--624, which deals with permissible waivers; and
(m) Sections 9--625 and 9--626, which deal with the secured party's
liability for failure to comply with this article.