Waiver and variance of rights and duties

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Except as otherwise provided in § 4-9-624, 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. (1) Section 4-9-207(b)(4)(C), which deals with use and operation of the collateral by the secured party;

  2. (2) Section 4-9-210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;

  3. (3) Section 4-9-607(c), which deals with collection and enforcement of collateral;

  4. (4) Sections 4-9-608(a) and 4-9-615(c) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;

  5. (5) Sections 4-9-608(a) and 4-9-615(d) to the extent that they require accounting for or payment of surplus proceeds of collateral;

  6. (6) Section 4-9-609 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. (7) Sections 4-9-610(b), 4-9-611, 4-9-613, and 4-9-614, which deal with disposition of collateral;

  8. (8) Section 4-9-615(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. (9) Section 4-9-616, which deals with explanation of the calculation of a surplus or deficiency;

  10. (10) Sections 4-9-620, 4-9-621, and 4-9-622, which deal with acceptance of collateral in satisfaction of obligation;

  11. (11) Section 4-9-623, which deals with redemption of collateral;

  12. (12) Section 4-9-624, which deals with permissible waivers; and

  13. (13) Sections 4-9-625 and 4-9-626, which deal with the secured party's liability for failure to comply with this chapter.


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