Waiver and variance of rights and duties.

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

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

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

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

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

  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. Sections 4-9-610 (b), 4-9-611, 4-9-613, and 4-9-614, which deal with disposition ofcollateral;

  8. Section 4-9-615 (f), which deals with calculation of a deficiency or surplus when adisposition is made to the secured party, a person related to the secured party, or a secondary obligor;

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

  10. Section 4-9-620, 4-9-621, and 4-9-622, which deal with acceptance of collateral insatisfaction of obligation;

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

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

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

Source: L. 2001: Entire article R&RE, p. 1398, § 1, effective July 1.

Editor's note: This section is similar to former § 4-9-501 (3) as it existed prior to 2001.


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